News & Blog
Employment Law Update – November 2012
(30/10/12)Changing terms and conditions of employment If an employer wishes to change an employee's contract terms (and the change is not authorised by the contract itself), the employer can do one of the following: Seek the employee's express agreement. Terminate the employee's employment and offer re-employment under the new terms. Unilaterally impose the change and rely on the employee's conduct to establish the employee’s implied agreement to it. In respect of the third option, the burden is on the employer to show an ‘unequivocal act ...Continue Reading
Businesses will welcome a recent Employment Appeal Tribunal (EAT) finding that, in some straightforward redundancy situations, where a decision is made to eliminate a single role, it may be reasonable for an employer not to consider establishing a selection pool. In this case, the EAT overturned an employment tribunal's finding that a golf club steward had been unfairly dismissed because the club had not considered the possibility of establishing a selection pool when planning the redundancy. However, in most cases employers ...Continue Reading
Employment Law Update – September 2012
(31/08/12)MANAGING SICKNESS ABSENCE In the light of a recent Court of Appeal decision, businesses should ensure they allow workers to carry over their accrued holiday if they have been on long-term sick leave and have not had the opportunity to take the holiday. The court held that a worker, who had been on sick leave for an entire year and had not taken any holiday during that period, was entitled to payment for that year's unused statutory holiday entitlement when her employment ...Continue Reading
New national minimum wage rates
(12/10/11)New national minimum wage rates The national minimum wage rates have increased. The new rates which are effective from 1st October 2011, are as follows: Standard rate: workers aged 21 and over £6.08 Development rate: workers aged 18-20 and those aged 21 and over doing accredited training in the first six months of employment £4.98 Young workers rate: workers above compulsory school age but under 18 and not apprenticed £3.68 Apprenticeship rate: apprentices under 19 or in the first year of apprenticeship £2.60 ...Continue Reading
Employment Law Newsletter – October 2011
(07/10/11)Chancellor's announcement on unfair dismissal and tribunal fees The Chancellor, George Osborne, announced in his speech at the Conservative Party conference that the unfair dismissal qualifying period will rise from one to two years and that fees will be introduced in the employment tribunals. We understand that the unfair dismissal change will come into effect on 6 April 2012. As yet there has been no further official announcement on tribunal fees. Agency Worker Regulations The much-anticipated Agency Worker Regulations 2010 came into effect ...Continue Reading
Employment Update – September 2011
(07/09/11)The Supreme Court has upheld a Court of Appeal decision that car valeters, whose contracts described them as self-employed and contained a substitution clause, were, in reality, employees. It confirmed that, when determining an individual's employment status, employment tribunals may disregard terms included in a written agreement where they do not reflect the genuine agreement of the parties. The focus of the tribunal's enquiry should be on the ‘actual legal obligations of the parties’[1]. The statutory protection afforded to an individual who ...Continue Reading
Checklist – Construction Contracts
(22/07/11)Whether you are a developer entering into a major contract for refurbishment or a homeowner arranging for an extension you are going to need to draw up an agreement with whoever you instruct to carry out the building work, and it is important that you cover the key points to avoid costly disputes. Many of the industry bodies (such as the JCT) publish standard forms of building contracts which will automatically cover many of these issues but you should always read ...Continue Reading
Checklist: online and e-mail risks
(01/07/11)This checklist highlights the risks that your business and your employees should be aware of when using the internet or sending e-mails and gives some practical suggestions of how to minimise those risks. Reputational risks Information that is written on the internet or in e-mails can seriously damage your business’ reputation and the reputation of individual employees. Your employees could lose their job, be sued or face criminal charges and your business could be sued or fined. Stop and think before you click Writing ...Continue Reading
Checklist – Sickness Related Dismissals
(08/06/11)This checklist sets out the steps your business should take if you are contemplating dismissing an employee for a sickness absence-related reason. Although you can fairly dismiss an employee for a sickness-absence related reason, it is important to follow the correct procedure. Review and retain the correct documentation If your business has a sickness or absence policy make sure you check (and comply with) it. Review the relevant provisions in your employee’s contract of employment. Keep confidential records of medical certificates, correspondence, telephone calls ...Continue Reading
