Share     Fri 18 May 2012

Employment law

Queen’s Speech confirms legislative changes

  The Queen’s Speech has confirmed several anticipated changes for parental leave and employment law.   The Government intends to offer parents more flexibility over care arrangements, while early reconciliation measures through Acas in employment disputes were also backed...

Clearer guidance over accrued holiday and sickness

Clearer guidance over accruing holiday leave during a period of sickness has been given by the European Court of Justice (ECJ).   In a recent judgment, the minimum allowance to be carried forward was confirmed as four weeks, as specified by the Working Time Directive (WTD)....

Whistleblowers should get reward

David Lewis, Professor of Employment Law
Rewards for whistleblowing should be introduced in order to change work culture and eradicate wrongdoing.   Professor of Employment Law, David Lewis, from Middlesex University argued that employees need to know they will not be penalised for speaking out. This is important in cases such...

Landmark ruling due

A landmark age discrimination case is due to be decided which may have an impact on compulsory retirements.   In Seldon v Clarkson Wright and Jakes [2010] IRLR 865, Seldon was a Partner in the respondent firm of solicitors. He was compulsorily retired following his 65th birthday, as laid...

Jail for finance manager

A finance manager in charge of two care homes has been jailed for 32 months after pleading guilty to eight counts of theft, fraud and false accounting.   Jenny Glanister stole £338,805 between 2004 and 2010. She not only took money from Oakfield Ltd, which ran the homes for adults...

Legal Comment: Reconsidering disciplinary procedures

Janvi Patel considers a court ruling over when it is appropriate to suspend workers.
 

Sometimes a case comes along to make employers reconsider disciplinary practices. Crawford v Suffolk Mental Health Partnership NHS Trust [2012] All ER (D) 132 is such a case. It centres on the fairness of a hospital’s disciplinary investigation, resulting in the dismissal for gross...

Employment Case Law: Sex discrimination

The latest decisions from employment tribunals on the cases that matter to you
 

Sex discrimination Hawkins v Atex Group Ltd and others [2012] All ER (D) 71 (Apr)   In 2004, the employee’s husband became CEO of Atex. From September 2006, the employee provided HR and marketing services to Atex through a company jointly owned by herself and her husband. In...

Prosecution for unpaid wages

  A recruitment agency has been ordered to reimburse more than £1,380 of unpaid wages.   Isis Management Consultancy Limited was prosecuted by the Employment Agency Standards (EAS) inspectorate for withholding wages from seven workers.   The company, along with its...

No conclusion for age discrimination case

  A long-awaited age discrimination ruling has provided more clarification for employers but not a conclusive answer.   In the case of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, the Supreme Court has unanimously discharged the appeal and has remitted an outstanding issue...

Tanker drivers reject deal over security of employment

  Tanker drivers have rejected a deal over concerns about maintaining standards, security of employment and sub-contracting.   Unite, which represents drivers hired by national fuel distribution companies, is seeking further talks with employers, with the assistance of Acas to...

AWR increases administrative burden

  More than half of employers are facing an increased administrative burden since the introduction of the Agency Workers Regulations (AWR).   Fears that the Regulations would have a negative impact on the use of temporary workers seem unfounded. Despite the higher workload, only...

Small firms fail to meet eye care obligations

  Small firms are failing to meet their eye care obligations, according to Specsavers Corporate Eyecare.   Nearly two-thirds of employers with fewer than 10 members of staff do not have a formal eye care system in place. For those that do operate a policy, employees are reimbursed...

Dismissal procedures to be reviewed

Dismissal procedures are to be scrutinised by Government after it issued a Call for Evidence.   Current arrangements are being reviewed to establish whether they are too onerous and complex. There will also be an investigation to determine if there is a lack of understanding surrounding...

More women on boards but efforts need to be "ramped up"

A “culture of change”  at the heart of British businesses has transformed the perception of women within the workforce. However, greater efforts are needed, insists Lord Davies of Abersoch.   The statement comes a year after the Women on Boards review, which found...

Legal Comment: Working Time Regulations versus overtime

Janvi Patel discusses a recent case involving Arriva and the 48-hour opt-out clause.
 

Under Reg 4(1) of the Working Time Regulations 1998 (WTR) an employee’s working week cannot exceed an average of 48 hours. The 48-hour week is calculated by a rolling 17-week reference period Under Reg 5 of the WTR, the worker has the ability to decide whether or not they “opt out...
 

 

 

Poll

Are you concerned about staff absence during the Olympic Games?