InsightsPosts From January 2014

28th January 2014

Now that the Government has provided a more detailed route-map for the next 12 months, the following is a summary of and timetable for some of the main changes that are due to take place, which you need to be aware of…

27th January 2014

A worker’s statutory right to be accompanied at a disciplinary or grievance hearing by a trade union official or a fellow worker is triggered when the worker "reasonably requests" to be accompanied at the hearing.

27th January 2014

Research has shown that motivated employees are more productive. But when all that is left of Christmas is bad weather, an empty wallet and tighter trousers, it’s hard to stay motivated. When you are also responsible for keeping your employees incentivised, it can be even more difficult. Motivating your workforce, however, does not necessarily mean walking around in multi-coloured spandex, spouting aspirational maxims, or ordering everyone to do press-ups at 7:00am, though that did work for Mr Motivator.

27th January 2014

We are advising increasingly on employees going off on long term sick. Helpfully, a recent Scottish case (BS v Dundee City Council) highlights the issues that an employer should take into account when dealing with an employee on long-term sick absence.

27th January 2014

When dealing with a person who has been off work for a prolonged period due to ill health, it is always a good idea to obtain a medical expert’s opinion on the employee’s condition. However, is an employer simply able to rely on the expert’s views when deciding how to manage the employee or does it have to apply its own mind to the situation? The common sense answer would be that an employer should be free to rely on an expert’s assessment, given that they have been asked to help due to the simple fact that they are an expert! However, employment law tends not to be what you’d expect and a recent Court of Appeal decision dealing with this question proves this point.

27th January 2014

Employment status is always an interesting topic which is continually raised with Employment Tribunals. An issue which is often disputed is whether or not contractual documentation entered into between an alleged self-employed individual and their "customer" is a sham, which in effect seeks to obscure the true nature of their relationship. This normally happens where an individual is initially happy to be viewed as a self-employed contractor (usually for tax reasons), but then wishes to argue that they are, in reality, an employee or worker when the relationship turns sour.