Legal News
Queen's Speech: Employment Law Roundup
15 May 2013
This is by far the least popular speech the Queen makes each year, mostly down to the fact that most people are working while it takes place with no roast turkey, cracker or pudding in sight!
Employee Shareholder Status: Final Result
15 May 2013
Following a great deal of debate and 'Parliamentary Ping-Pong', the House of Lords on 24 April 2013 finally approved legislation creating a new type of employment status: the 'employee shareholder', due to become law on an undetermined date this autumn.
Facebook comments several weeks apart can amount to a continuing act!
17 April 2013
Facebook is a social media forum which has over a billion members; therefore the odds of employees not having an account are slim. Hence over the last couple of years we have seen a rise in allegations of discrimination arising from comments made on Facebook (as well as other social media forums).
Covert recordings could be permissible in the future
17 April 2013
In the Twenty First Century, where mobile phones are capable of many functions including audio recording, employee's covertly recording disciplinary and grievance meetings are not unheard of. The question which arises is can employees later use those covert recordings as evidence in tribunal proceedings?
Obesity disability discrimination: cause or effect?
17 April 2013
With recent Government statistics claiming that 60% of the UK's adult population are overweight or obese, it is more important than ever for employers to understand the relationship between this condition and their obligations under disability discrimination law.
Employer perceptions of employment law out of step with reality
18 March 2013
A recent Government research survey appears to be at odds with many of the arguments the coalition has used to justify its reforms on employment law since coming to power.
The risk of having undefined confidentiality clauses!
18 March 2013
It is clear that employers can discipline and even dismiss employers who breach clearly defined confidentiality clauses and policies. However what is the position if the dismissed employee complains that the confidentiality policy was not sufficiently defined as to make it clear as to what information was confidential and what was not? In this scenario, does a potentially fair dismissal become unfair?
Not all rude comments amount to harassment!
18 March 2013
Most business owners and employees are aware that rude comments and remarks relating to race, religion or other protected characteristics, may amount to harassment. But can a rude comment relating to a protected characteristic with no intention to violate anyone's dignity still amount to harassment?
Where we are with the employment law reforms
14 February 2013
Where we are with the employment law reforms
This year the Government have forgotten their policy of only introducing changes in April and October, which has traditionally provided employers the opportunity to catch up. So far, 2013 is expected to be the year that:
Huge sum for getting your recruitment wrong!
14 February 2013
It is a well-established principle that employers are vicariously liable for the conduct of their employees. However does this mean that compensation can be apportioned between the employer and the individual responsible for the discriminatory acts?
Balancing religion in the workplace
14 February 2013
Balancing religious and philosophical needs of employees is becoming a challenge for employers, particularly as recent case law suggests that political beliefs may amount to being a philosophical belief. Therefore the pertinent question is - how far do employers have to go to accommodate an employee's religious or philosophical belief?
Facebook dismissal
17 December 2012
Employers are finding it increasingly difficult to balance the freedom of expression of their employees through Facebook and the protection of their business reputation. This issue was dealt with by the recent High Court in Smith v Trafford Housing Trust.
Hell hath no fury, like a woman scorned!
17 December 2012
It is common sense that parties should refrain from abusive and aggressive behaviour towards one another and the court during any litigation. And it is common knowledge that any form of unreasonable conduct may lead to courts penalising the party at fault. In some instances this can lead to credibility being called into question and/or increases in compensatory awards. However what are the consequences of a party being abusive to the judge?
Employer versus trade union
17 December 2012
In many industries the battle of wills between employers and trade union officials can become difficult to maintain. A question which frequently arises for employers is whether they can refuse to be dictated to about whom to employ without breaking trade union discrimination laws.
The EAT recently dealt with this issue in the case of Miller v Interserve Industrial Services Ltd.
ECHR freedom of association violated by BNP councillor dismissal
13 November 2012
Employers expect employees and clients from different racial backgrounds, sexual orientation and political beliefs and affiliations to work alongside one another in harmony. However where an employer dismisses an employee on the grounds that their views may amount to being a health and safety risk to their clientele, would that dismissal amount to being fair?
Ensure all parties are part of settlement agreement under TUPE
13 November 2012
The nature of TUPE transfers means there are always more than one employer in the framework. As the liability of providing transferring employees with information and consultation is joint and severable, where one employer enters into a compromise/settlement agreement with an employee, does this automatically bar off claims against other actual or potential employers?
How far does the definition of 'Disability' go?
13 November 2012
Deciding whether or not an employee falls within the legal definition of a disabled person is notoriously difficult for HR personnel and business owners alike. The Equality Act 2010 (EQA) defines a person as being disabled if they have:
- (a) A physical or mental impairment and
- (b) The impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities.
The battle against capability and conduct procedures
13 November 2012
The printing industry like so many other industries use different disciplinary procedures when dealing with capability and conduct. However does this give rise to employers being able to freely choose which procedure to use with an employee?
Holiday rights of sick employees resolved?
13 November 2012
This summer there has been some interesting case law on the question of employee rights to holiday or payment in lieu of holiday when on sick leave. The principle that the purpose of paid annual leave is to enable the worker to enjoy a period of rest and enjoy a period of relaxation and leisure is well established; as is the principle that entitlement to sick leave is to ensure that the worker can recover from an illness that has caused him to be unfit for work.
Automatic pension enrolment - what does it mean for you?
13 November 2012
Automatic pension enrolment came into effect on 1 October, which for the first time ever places a legal duty on employers to automatically enrol qualifying workers into a pension scheme and contribute towards their retirement.
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