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...
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...
Giving shareholders power to veto pay deals is fraught with issues, explains Janvi Patel.
Plans, which were recently announced by Business Secretary Vince Cable in his address to MPs, aim to increase shareholders’ powers. It will achieve this by making firms’ remuneration reports easier to understand, and requiring them to explain executive salaries in relation to the...
Penalties for employing an illegal worker are high, explains Jane Emslie.
Employers face penalties of up to £10,000 for each illegal worker they employ. The only defence against such fines is to take and retain copies of documents showing employees’ entitlement to work in the UK. However, occasionally there may be a mismatch between the evidence available...
Nick Thomas outlines cases where companies have taken action against employees.
With around 700 million users across Europe, for many Facebook has become the communication tool of choice. When people post their private thoughts in what they believe to be a secure environment, often the last thing they think about is their employment obligations. However, as a string of...
Leah de Vries reassures employers over the risk of dismissing underperforming staff
It is not surprising that the Government has already made it clear that the changes suggested to unfair dismissal in the leaked Beecroft report, which essentially amount to the dismantling of the current laws, are very unlikely to progress beyond speculation.
This debate will play to...
Louise Donaldson discusses a recent EAT decision which considers what employers should do with regards to the accrued holiday of those who are on long-term sick leave.
The Employment Appeal Tribunal (EAT) has held that an employee absent on sick leave for the whole of a holiday year is entitled to statutory holiday under the Working Time Regulations (WTR). The fact that she did not request to take the holiday did not affect her right, and since she was entitled...
Michael Ryley discusses a case which highlights the importance of carefully drafting termination letters, particularly when dealing with any payments to the employee.
Mrs O’Farrell was made redundant on four days’ notice instead of three months, as required by her employment contract. She was given a letter detailing her severance package, which stated that it included a statutory redundancy payment, holiday pay and an “ex gratia payment...
After last month’s riots Leah de Vries considers how police will deal with capability issues.
The recent rioting and public disorder has prompted much discussion about the capability and strategy of the police force. It has also provided those who oppose cuts to public services with an opportunity to connect those cuts with a decline in protection and services from the police.
...
Catherine Hey discusses the proposals outlined in a new Government consultation.
The Government consultation, Modern Workplaces, has proposed a new system of shared parental leave, extending flexible working, mandatory equal pay audits and changing the Working Time Regulations (WTR).
Flexible parental leave
The consultation seeks views on proposals for a system...
Catherine Hey considers a ruling which approves the use of group presentations.
Glasgow City Council decided to settle its equal pay liability to 10,000 employees. The Council held briefing sessions with the employees and told them that they would be provided with free independent legal advice. They were also given the opportunity to sign a compromise agreement in return for...
Louise Elliffe outlines a court ruling that found notice payments can end employment.
A recent Court of Appeal decision has found that under contractual provisions employers can terminate employment contracts simply by making a payment in lieu of notice (PILON). The employer was not required to tell the employee that it was exercising its right in order for the termination to be...
Suzannah Crookes comments on tax changes which will affect post P45 payments.
Making payments to former employees
From 6 April, employers making payments to employees after the P45 has been issued will need to operate Pay As You Earn (PAYE) using the new 0T code, which deducts tax at the basic, higher and additional rates, according to the amount. This change...
Louise Donaldson examines proposals to improve how workplace disputes are resolved.
Fines for employers as part of tribunal shake-up
As part of the Government’s comprehensive review of employment laws, the Department for Business, Innovation & Skills and the Tribunals Service have jointly launched a new consultation. Resolving Workplace Disputes aims to...
Catherine Hey examines how “out of time” claims can proceed as a breach of contract.
Equal pay claims can go to the High Court
Employment tribunal claims usually have to be brought within three months of the end of employment. In equal pay claims, however, the time limit to bring a claim to the employment tribunal is six months.
Since equal pay law...
