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Amendments to proposed Dispute Resolution Bill 15-07-2008
Last week also saw the publication of the Government’s consultation paper focusing on amendments to the proposed Dispute Resolution Bill. FIND OUT MORE
Last week also saw the publication of the Government’s consultation paper focusing on amendments to the proposed Dispute Resolution Bill. FIND OUT MORE
Time Limits 14-07-2008
A case of some passing interest to Practitioners was reported last week under the title of Beasley v National Grid. FIND OUT MORE
A case of some passing interest to Practitioners was reported last week under the title of Beasley v National Grid. FIND OUT MORE
Increase of National Minimum Wage 11-07-2008
The draft National Minimum Wage Regulations 2008 have now been published. FIND OUT MORE
The draft National Minimum Wage Regulations 2008 have now been published. FIND OUT MORE
Increase of National Minimum Wage copy 11-07-2008
The draft National Minimum Wage Regulations 2008 have now been published. FIND OUT MORE
The draft National Minimum Wage Regulations 2008 have now been published. FIND OUT MORE
Striking Blow Against Employers Freedom to Choose 08-07-2008
The Employment Appeal Tribunal handed down a decision today which strikes a blow at the ability for employers to choose where they take their legal advice. FIND OUT MORE
The Employment Appeal Tribunal handed down a decision today which strikes a blow at the ability for employers to choose where they take their legal advice. FIND OUT MORE
Disability Discrimination 30-06-2008
Some people may remember the Court of Appeal case of Clarke v Novacold that examined the application of the Disability Discrimination Act of employees. In the latest case of London Borough of Lewisham v Malcolm, the House of Lords has ruled the Novacold claim was wrongly decided and this will have significant implications for the conduct of claims of disability discrimination. FIND OUT MORE
Some people may remember the Court of Appeal case of Clarke v Novacold that examined the application of the Disability Discrimination Act of employees. In the latest case of London Borough of Lewisham v Malcolm, the House of Lords has ruled the Novacold claim was wrongly decided and this will have significant implications for the conduct of claims of disability discrimination. FIND OUT MORE
48 Hour Week 24-06-2008
Following talks in Luxembourg, the EU has decided that British employers can cling on to the right to ask employees to work more than 48 hours a week signing an opt out clause. FIND OUT MORE
Following talks in Luxembourg, the EU has decided that British employers can cling on to the right to ask employees to work more than 48 hours a week signing an opt out clause. FIND OUT MORE
Compensation - Procedurally unfair dismissals 16-06-2008
A comforting case in the Employment Tribunal this week in the form of Hope versus Jordan Engineering. FIND OUT MORE
A comforting case in the Employment Tribunal this week in the form of Hope versus Jordan Engineering. FIND OUT MORE
Staff Handbook 04-06-2008
In the case of Christopher Harlow –v- Artimus International Corporation the Queen’s Bench has made a ruling in relation to Staff Handbooks and what terms in Staff Handbooks are contractual. This particular case concerned a Redundancy Enhancement Policy (not contractual term) that was within a Staff Handbook along with terms such as sick pay, holiday pay etc. FIND OUT MORE
In the case of Christopher Harlow –v- Artimus International Corporation the Queen’s Bench has made a ruling in relation to Staff Handbooks and what terms in Staff Handbooks are contractual. This particular case concerned a Redundancy Enhancement Policy (not contractual term) that was within a Staff Handbook along with terms such as sick pay, holiday pay etc. FIND OUT MORE
Garden Leave 02-06-2008
Garden leave has been looked at in the High Court this week where employees are placed on garden leave despite the fact that there was no provision in their contract allowing for this. FIND OUT MORE
Garden leave has been looked at in the High Court this week where employees are placed on garden leave despite the fact that there was no provision in their contract allowing for this. FIND OUT MORE
Redundancy and Mobility 30-05-2008
The summer has started with a Court of Appeal case examining whether or not mobility clauses can be used to avoid redundancy payments. FIND OUT MORE
The summer has started with a Court of Appeal case examining whether or not mobility clauses can be used to avoid redundancy payments. FIND OUT MORE
Sex Discrimination case 27-05-2008
In a case which is a timely reminder to careless employers a woman in Ashford in Kent has been awarded £5,146 by Tribunal as she had to endure sexist remarks and toilet humour from male colleagues. FIND OUT MORE
In a case which is a timely reminder to careless employers a woman in Ashford in Kent has been awarded £5,146 by Tribunal as she had to endure sexist remarks and toilet humour from male colleagues. FIND OUT MORE
National Staff Dismissal Register 23-05-2008
It is not often that I am against any new development that assists employers run their businesses more effectively, but I have to say that the latest development from the Action against Business Crime (AABC) has me biting my nails. FIND OUT MORE
It is not often that I am against any new development that assists employers run their businesses more effectively, but I have to say that the latest development from the Action against Business Crime (AABC) has me biting my nails. FIND OUT MORE
Modified Grievance Procedure 21-05-2008
The Appeal Tribunal in the case of Clyde Valley Housing Association v McAulay is another step in the direction of what employers will see as common sense. FIND OUT MORE
The Appeal Tribunal in the case of Clyde Valley Housing Association v McAulay is another step in the direction of what employers will see as common sense. FIND OUT MORE
Uplifts to Tribunal Awards 19-05-2008
In a case in Scotland this month, the Appeal Tribunal has made a ruling in relation to uplifts to financial awards where an employer has failed to follow the statutory dismissal procedures. FIND OUT MORE
In a case in Scotland this month, the Appeal Tribunal has made a ruling in relation to uplifts to financial awards where an employer has failed to follow the statutory dismissal procedures. FIND OUT MORE
Enforceability of restricted covenants 15-05-2008
The Queens Bench Division has reported this month in the case of Norbrook Laboratories v Rebecca Adair on the enforceability of restricted covenants. FIND OUT MORE
The Queens Bench Division has reported this month in the case of Norbrook Laboratories v Rebecca Adair on the enforceability of restricted covenants. FIND OUT MORE
Parking Charges 15-05-2008
This week a scheme has been announced that will start in April 2010 commencing in Nottingham. FIND OUT MORE
This week a scheme has been announced that will start in April 2010 commencing in Nottingham. FIND OUT MORE
European Court ruling on pensions 12-05-2008
A case in the European Court has potentially huge ramifications for some employers as it has ruled that the principle of non-discrimination against workers on fixed term contracts extends to pension entitlements. FIND OUT MORE
A case in the European Court has potentially huge ramifications for some employers as it has ruled that the principle of non-discrimination against workers on fixed term contracts extends to pension entitlements. FIND OUT MORE
Code of Practice on Discipline and Grievance 09-05-2008
ACAS have just published the draft Code of Practice on Discipline and Grievance which is available on their website, should you be in need of some bedtime reading. FIND OUT MORE
ACAS have just published the draft Code of Practice on Discipline and Grievance which is available on their website, should you be in need of some bedtime reading. FIND OUT MORE
“Litigation friend” case 08-05-2008
A fascinating case has been reported this week which saw the Employment Appeal Tribunal considering whether or not an Employment Tribunal has the ability to appoint a “litigation friend” where a Claimant is, on the face of it, unhinged. FIND OUT MORE
A fascinating case has been reported this week which saw the Employment Appeal Tribunal considering whether or not an Employment Tribunal has the ability to appoint a “litigation friend” where a Claimant is, on the face of it, unhinged. FIND OUT MORE
Sex on our minds 08-04-2008
Last weekend saw a number of major amendments being introduced to the Sex Discrimination Act and should these changes concern you, then it really is time to get your house in order. FIND OUT MORE
Last weekend saw a number of major amendments being introduced to the Sex Discrimination Act and should these changes concern you, then it really is time to get your house in order. FIND OUT MORE
Income Tax PAYE Amendment 31-03-2008
The Income Tax (Pay as You Earn) (Amendment) Regulations 2008 have been laid before Parliament. FIND OUT MORE
The Income Tax (Pay as You Earn) (Amendment) Regulations 2008 have been laid before Parliament. FIND OUT MORE
Changes to Pregnancy and Maternity Regime 26-03-2008
Expected week of childbirth for women
If the expected date of childbirth is after 5th October 2008, women will benefit from changes to the maternity leave regime introduced in an amendment document published last week. FIND OUT MORE
Expected week of childbirth for women
If the expected date of childbirth is after 5th October 2008, women will benefit from changes to the maternity leave regime introduced in an amendment document published last week. FIND OUT MORE
Control of noise at work 25-03-2008
As of 6th April 2008 the Control of Noise at Work Regulations will come into force. FIND OUT MORE
As of 6th April 2008 the Control of Noise at Work Regulations will come into force. FIND OUT MORE
Discriminatory public statements 18-03-2008
The European Advocate General, whose opinion is normally always followed by the European Court of Justice, has given an opinion in relation to a Belgian case concerning an employer who fitts windows. The employer advertised vacancies but said in the media that it would not employ Moroccans, because customers were scared of them breaking into their houses. FIND OUT MORE
The European Advocate General, whose opinion is normally always followed by the European Court of Justice, has given an opinion in relation to a Belgian case concerning an employer who fitts windows. The employer advertised vacancies but said in the media that it would not employ Moroccans, because customers were scared of them breaking into their houses. FIND OUT MORE
National Minimum Wage update 17-03-2008
From 1 October 2008 the Government have announced that the National Minimum Wage will increase. FIND OUT MORE
From 1 October 2008 the Government have announced that the National Minimum Wage will increase. FIND OUT MORE
Compromise Agreements and Breach of Warranty 07-03-2008
A case was reported from the Queens Bench Division yesterday where an employee compromised out of their position by signing a binding compromise agreement in exchange for payment. FIND OUT MORE
A case was reported from the Queens Bench Division yesterday where an employee compromised out of their position by signing a binding compromise agreement in exchange for payment. FIND OUT MORE
Social networking sites warning 07-03-2008
Senior police officer, Inspector Chris Dreyfus, was denied promotion to chief inspector level after it was discovered he had previously received a disciplinary warning from his seniors at British Transport Police over posting personal information about his gay lifestyle on the social networking website Facebook. FIND OUT MORE
Senior police officer, Inspector Chris Dreyfus, was denied promotion to chief inspector level after it was discovered he had previously received a disciplinary warning from his seniors at British Transport Police over posting personal information about his gay lifestyle on the social networking website Facebook. FIND OUT MORE
National Minimum Wage increase 06-03-2008
The National Minimum Wage will increase by 21p in October to £5.73 per hour. FIND OUT MORE
The National Minimum Wage will increase by 21p in October to £5.73 per hour. FIND OUT MORE
Fast track Tribunal claim 04-03-2008
A new fast track system will be introduced into the Tribunal system whereby five jurisdictions can be fast tracked in front of a Tribunal Chairman sitting alone, according to Hansard. FIND OUT MORE
A new fast track system will be introduced into the Tribunal system whereby five jurisdictions can be fast tracked in front of a Tribunal Chairman sitting alone, according to Hansard. FIND OUT MORE
New Immigration rules 03-03-2008
On the 29 February 2008 the Immigration, Asylum and Nationality Acts 2006 came into force setting a stricter regime for employing overseas workers. FIND OUT MORE
On the 29 February 2008 the Immigration, Asylum and Nationality Acts 2006 came into force setting a stricter regime for employing overseas workers. FIND OUT MORE
In-vitro Fertilisation 27-02-2008
The European Court of Justice has delivered a judgment in relation to women undergoing In-vitro Fertilisation. FIND OUT MORE
The European Court of Justice has delivered a judgment in relation to women undergoing In-vitro Fertilisation. FIND OUT MORE
The intention to create legal relations 26-02-2008
An interesting case has been reported in the EAT regarding contracts of employment and the intention to create legal relations. FIND OUT MORE
An interesting case has been reported in the EAT regarding contracts of employment and the intention to create legal relations. FIND OUT MORE
Sexual orientation harassment 21-02-2008
The Sexual Orientation Regulations prohibiting harassment of people because of their sexual orientation or perceived sexual orientation have been tested in the Employment Appeal Tribunal in relation to a man who is not homosexual. FIND OUT MORE
The Sexual Orientation Regulations prohibiting harassment of people because of their sexual orientation or perceived sexual orientation have been tested in the Employment Appeal Tribunal in relation to a man who is not homosexual. FIND OUT MORE
Race Discrimination 18-02-2008
One of the most subtle distinctions I have seen for some time is reported in the case of Okonu v G4S Security Services (UK) Limited 2007. FIND OUT MORE
One of the most subtle distinctions I have seen for some time is reported in the case of Okonu v G4S Security Services (UK) Limited 2007. FIND OUT MORE
Changes to Immigration Status of Workers 12-02-2008
As of 29 February 2008 major changes will be introduced into the business immigration regime. FIND OUT MORE
As of 29 February 2008 major changes will be introduced into the business immigration regime. FIND OUT MORE
Information and Consultation Regulations 07-02-2008
I have had a number of clients seeking advice in the last month or two in relation to the Information and Consultation Regulations. If you have not already realised, the threshold for organisations covered by these regulations drops this year to those organisations with fifty employees. FIND OUT MORE
I have had a number of clients seeking advice in the last month or two in relation to the Information and Consultation Regulations. If you have not already realised, the threshold for organisations covered by these regulations drops this year to those organisations with fifty employees. FIND OUT MORE
Disability Discrimination 04-02-2008
The Advocate General (whose opinion is usually followed by the European Court of Justice) has stated that direct discrimination or harassment, in cases relating to disability discrimination, can apply to those indirectly affected by discrimination such as carers. FIND OUT MORE
The Advocate General (whose opinion is usually followed by the European Court of Justice) has stated that direct discrimination or harassment, in cases relating to disability discrimination, can apply to those indirectly affected by discrimination such as carers. FIND OUT MORE
Employment Appeal Tribunal - Update 31-01-2008
The Employment Appeal Tribunal has today ruled in relation to the extension of time limits under the statutory grievance procedure. FIND OUT MORE
The Employment Appeal Tribunal has today ruled in relation to the extension of time limits under the statutory grievance procedure. FIND OUT MORE
Judge’s Rule – 30 January 2008 30-01-2008
A case of Compulsory Retirement Ages and Age Discrimination has been considered this time in relation to Judges. FIND OUT MORE
A case of Compulsory Retirement Ages and Age Discrimination has been considered this time in relation to Judges. FIND OUT MORE
Holiday Pay for Long Term Sick 25-01-2008
In April 2005 the Court of Appeal held that the right to statutory paid holiday under the Working Time Regulations does not give a right to accrue holiday whilst an employee is on long term sick. FIND OUT MORE
In April 2005 the Court of Appeal held that the right to statutory paid holiday under the Working Time Regulations does not give a right to accrue holiday whilst an employee is on long term sick. FIND OUT MORE
Fattism 25-01-2008
I note yesterday that the CIPD have stated that managers should be trained to be sensitive to the issue of obesity to avoid claims arising out of fattist taunts and jibes in the workplace. Clearly after the recognition of the importance of “gingerism” this must come a close second. Being both fat and ginger the issues are of some importance to me. FIND OUT MORE
I note yesterday that the CIPD have stated that managers should be trained to be sensitive to the issue of obesity to avoid claims arising out of fattist taunts and jibes in the workplace. Clearly after the recognition of the importance of “gingerism” this must come a close second. Being both fat and ginger the issues are of some importance to me. FIND OUT MORE
The EAT 24-01-2008
The EAT this month has examined the use of statutory grievance procedures in equal pay claims. It has concluded that an employee wishing to raise an equal pay claim must identify the correct comparator for the purposes of the claim at the grievance stage of the proceedings. FIND OUT MORE
The EAT this month has examined the use of statutory grievance procedures in equal pay claims. It has concluded that an employee wishing to raise an equal pay claim must identify the correct comparator for the purposes of the claim at the grievance stage of the proceedings. FIND OUT MORE
Lack of knowledge is no excuse 22-01-2008
Some of you may be aware that the key phrase in relation to Disability Discrimination law is that of “reasonable adjustments”. FIND OUT MORE
Some of you may be aware that the key phrase in relation to Disability Discrimination law is that of “reasonable adjustments”. FIND OUT MORE
Statutory Dismissal Procedure - Extension of Time 17-01-2008
Another Employment Appeal Tribunal case has looked at (and come to the same result as) the case last month examining when an extension of time in unfair dismissal cases will be given despite the fact that no appeal is pending. FIND OUT MORE
Another Employment Appeal Tribunal case has looked at (and come to the same result as) the case last month examining when an extension of time in unfair dismissal cases will be given despite the fact that no appeal is pending. FIND OUT MORE
Disability Discrimination Act 17-01-2008
The Court of Appeal has today attempted to resolve some outstanding questions in relation to the Disability Discrimination Act. Specifically the question of whether or not somebody can be classified as “disabled” when their symptoms have ceased to present themselves but may recur in the future. FIND OUT MORE
The Court of Appeal has today attempted to resolve some outstanding questions in relation to the Disability Discrimination Act. Specifically the question of whether or not somebody can be classified as “disabled” when their symptoms have ceased to present themselves but may recur in the future. FIND OUT MORE
Employment Rights Increase of Limits Order 03-01-2008
Redundancy payments are set to rise from February 2008 following the introduction of new legislation. FIND OUT MORE
Redundancy payments are set to rise from February 2008 following the introduction of new legislation. FIND OUT MORE
Office Christmas party 14-12-2007
On a final and slightly festive note, I continue to see advice published by so called reputable advisers telling employers to ban the Christmas party and to avoid Christmas decorations and Christmas trees. FIND OUT MORE
On a final and slightly festive note, I continue to see advice published by so called reputable advisers telling employers to ban the Christmas party and to avoid Christmas decorations and Christmas trees. FIND OUT MORE
Back to the future 13-12-2007
The Employment Bill has been published by the Government and has now gone through the House of Lords. FIND OUT MORE
The Employment Bill has been published by the Government and has now gone through the House of Lords. FIND OUT MORE
Minimum wage comes of age 19-11-2007
The first National Minimum Wage criminal prosecution has taken place with the owner of a children’s nursery being fined £2,500 plus £500 costs under the National Minimum Wage Act. FIND OUT MORE
The first National Minimum Wage criminal prosecution has taken place with the owner of a children’s nursery being fined £2,500 plus £500 costs under the National Minimum Wage Act. FIND OUT MORE
Flexible working looks set to be extended 18-11-2007
The Government has recently announced that it is considering extending flexible working for parents with older children to help people achieve a better work/life balance. FIND OUT MORE
The Government has recently announced that it is considering extending flexible working for parents with older children to help people achieve a better work/life balance. FIND OUT MORE
A nasty smell of discrimination 16-11-2007
I read a case recently regarding an employee of perfume house Estee Lauder, who is in line for a £225,000 compensation payout. FIND OUT MORE
I read a case recently regarding an employee of perfume house Estee Lauder, who is in line for a £225,000 compensation payout. FIND OUT MORE
When is a director an employee? 15-11-2007
I read with some interest the Employment Appeal Tribunal’s summary of the law surrounding whether or not a majority shareholder can be an employee of the company in which he holds the majority of shares. FIND OUT MORE
I read with some interest the Employment Appeal Tribunal’s summary of the law surrounding whether or not a majority shareholder can be an employee of the company in which he holds the majority of shares. FIND OUT MORE
Red mist 13-11-2007
Being ginger often brings a particular form of ridicule that any carrot top, such as myself, has experienced through those difficult school years. A blow has been struck for us “Duracells” after a redheaded waitress won £17,618 in a recent tribunal held in Exeter as compensation for suffering “Gingerism”. FIND OUT MORE
Being ginger often brings a particular form of ridicule that any carrot top, such as myself, has experienced through those difficult school years. A blow has been struck for us “Duracells” after a redheaded waitress won £17,618 in a recent tribunal held in Exeter as compensation for suffering “Gingerism”. FIND OUT MORE
Verbal complaint considered a grievance 12-11-2007
In the case of Kennedy Scott v Francis at the EAT, a verbal complaint to an employer was held to be a grievance. FIND OUT MORE
In the case of Kennedy Scott v Francis at the EAT, a verbal complaint to an employer was held to be a grievance. FIND OUT MORE
Stuck in the mud 11-11-2007
I read a case recently involving the GMB Union where the Union itself was taken to tribunal by a member of staff for constructive dismissal. FIND OUT MORE
I read a case recently involving the GMB Union where the Union itself was taken to tribunal by a member of staff for constructive dismissal. FIND OUT MORE
Ho, ho, ho! 10-11-2007
I know that Christmas is just around the corner because I am starting to see over-reactive advice in the press from various sources about the dangers of Christmas parties from an employer’s perspective. FIND OUT MORE
I know that Christmas is just around the corner because I am starting to see over-reactive advice in the press from various sources about the dangers of Christmas parties from an employer’s perspective. FIND OUT MORE
Retirement age and age discrimination 05-11-2007
There has been some debate over whether or not the UK’s retirement age at 65 is lawful under the European Age Discrimination legislation. FIND OUT MORE
There has been some debate over whether or not the UK’s retirement age at 65 is lawful under the European Age Discrimination legislation. FIND OUT MORE
A tactical move? 29-10-2007
A recent appeal case (University of Wolverhampton Vs L Belltaggy) has reviewed a tactic by an employer, which in my experience is often considered but, as far as I am aware, has never previously been tried. FIND OUT MORE
A recent appeal case (University of Wolverhampton Vs L Belltaggy) has reviewed a tactic by an employer, which in my experience is often considered but, as far as I am aware, has never previously been tried. FIND OUT MORE
Parental leave changes 16-10-2007
The new rules in relation to Parental Leave, which have received much publicity, have been deferred until 2010. FIND OUT MORE
The new rules in relation to Parental Leave, which have received much publicity, have been deferred until 2010. FIND OUT MORE
Rise in holiday entitlement 13-10-2007
This month sees the minimum statutory holiday entitlement rise from twenty days to twenty four.
The change is part of the Government’s drive to ensure that all staff are entitled to paid time off for Bank Holidays. FIND OUT MORE
This month sees the minimum statutory holiday entitlement rise from twenty days to twenty four.
The change is part of the Government’s drive to ensure that all staff are entitled to paid time off for Bank Holidays. FIND OUT MORE
Happy anniversary age discrimination 05-10-2007
Now the Age Discrimination Act has reached its one year anniversary I predict that age discrimination claims will pick up pace during the next 12 months. FIND OUT MORE
Now the Age Discrimination Act has reached its one year anniversary I predict that age discrimination claims will pick up pace during the next 12 months. FIND OUT MORE
Increase in tribunal claims 24-09-2007
I am struck by the eight per cent increase in tribunal claims – topping 137,000 in 2006-07 when compared with 2005-06.
Most employment lawyers would agree that the statutory dispute resolution procedures are in part responsible for the increase. FIND OUT MORE
I am struck by the eight per cent increase in tribunal claims – topping 137,000 in 2006-07 when compared with 2005-06.
Most employment lawyers would agree that the statutory dispute resolution procedures are in part responsible for the increase. FIND OUT MORE
Facing the music 18-09-2007
I note from one of the legal bulletins (and it was reported in The Sun so it must be true) that a former Argos employee has allegedly been dismissed for gross misconduct after setting up a networking group entitled “I work at Argos and can’t wait to leave because it’s sh**”
FIND OUT MORE
I note from one of the legal bulletins (and it was reported in The Sun so it must be true) that a former Argos employee has allegedly been dismissed for gross misconduct after setting up a networking group entitled “I work at Argos and can’t wait to leave because it’s sh**”
FIND OUT MORE
Keeping it confidential 08-08-2007
How do you deal with the delicate issue of a member of staff wishing to remain anonymous when providing evidence against a fellow worker during grievance or disciplinary hearings? FIND OUT MORE
How do you deal with the delicate issue of a member of staff wishing to remain anonymous when providing evidence against a fellow worker during grievance or disciplinary hearings? FIND OUT MORE
