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
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