Employment Law Articles
Case Studies
GIVE US A BREAK
The Court of Appeal has recently ruled that an employer which required a security guard to remain on call during his break had not breached the Working Time Regulations 1998 (WTR). Read more . . .
WHAT A WASTE OF £8000.000
The boss of an illegal waste company has been ordered to repay more than £800,000 under the Proceeds of Crime Act (2002) and given a two-year community sentence in the largest Proceeds of Crime Act ruling the Environment Agency has secured to date. Read more . . .
JUDGE AND JURY FOUND GUILTY
A publican has been fined at Llandudno Magistrates court after Conwy County Borough Council’s Regulatory Services inspectors found that she was not displaying the appropriate no-smoking signage. Dawn Lemm, who runs the Judge and Jury in Colwyn Bay, was fined £150, plus a £15 victim surcharge, £80 legal costs and £40 investigative costs. Read more . . .
MID-AIR MIX UP
The issue of first aid training has been raised after a passenger on RyanAir suffered a heart attack mid-flight but was wrongly assumed by cabin crew to be experiencing low blood pressure. Read more . . .
BREAKER'S YARD BREAKS THE LAW
The owner of a vehicle breakers yard operating illegally has been sent to prison for over two years by Norwich Crown Court. Read more . . .
STORAGE EQUIPMENT FIRM AND DIRECTORS FACE MANSLAUGHTER CHARGES
A company that manufactures storage products will appear in court next month to answer corporate manslaughter and health and safety charges after a worker died from injuries sustained in a fall. Read more . . .
A CALLOUS CONFERENCE CALL
Almost 200 construction workers who were dismissed by Connaught in September 2010 following the collapse of the firm have won their Employment Tribunal cases and been given the maximum protection award. Read more . . .
Employee Entitlements
THE CHAOS BEHIND THE BRIBERY ACT
Businesses have been urged not to over-react when it comes to protecting themselves from risk of prosecution for breach of the Bribery Act this Christmas. Read more . . .
THE TRUTH ABOUT SICKIES
A new survey has found that 43 per cent of UK employees admit to having called in sick to work when they were not actually sick. The Kronos Absence Survey, commissioned by The Workforce Institute at Kronos Incorporated and conducted by Harris Interactive, also found that the number of people pulling sickies increases amongst younger workers, with 65 per cent of the 16-24 age goup admitting to taking bogus sick days, compared with just 25 per cent of the 55-64 age group admitting the same and 40 per cent of the 25-30 age group. Read more . . .
WEDDING DAY BLUES
Are employees entitled to a day off for the Royal Wedding? Read more . . .
PATERNITY LEAVE ENTITLEMENT
Changes mean that if a mother returns to work without taking a full year's maternity leave, the father will be able to take the remaining time, up to a maximum of six months. Read more . . .
EMPLOYEES STRANDED ON VACATION
WHEN THE ICELANDIC VOLCANO continued to spew millions of tons of ash high into the atmosphere, it would seem prudent to have a looked at the basic principles of employment law concerning employees stranded abroad due to cancelled flights.
The basic position is that an employee is not entitled to be paid for time he is absent because of travel problems. However this, of course, is subject to the terms of his or her contract. Read more . . .
Legislation and Regulations
UNFAIR DISMISSAL RULES CHANGE
Changes to unfair dismissal rules have today been confirmed by Business Secretary Vince Cable and Chancellor George Osborne. The decision will see the qualification period for the right to claim unfair dismissal extended from one to two years. This will come into force on 1 April 2012. Ministers say the move could save British businesses £6 million a year. Read more . . .
EMPLOYMENT LAW MINEFIELD
EVEN EMPLOYERS with no interest in football are likely to have heard or read the name Carlos Tevez over the last few weeks, and many will have empathised with his manager, Roberto Mancini, after the player's refusal to take to the field as a substitute in Manchester City's recent match against Bayern Munich. Read more . . .
THE LOOTERS' LEGACY
As rioting spread across some major UK cities, an employment lawyer has advised affected businesses not to have an immediate 'knee-jerk' reaction. Read more . . .
SEXUAL HARASSMENT CASE DISMISSED
The Court of Appeal has upheld an EAT decision which ruled that a man was not a victim of harassment when his sexuality was disclosed by colleagues at work. Read more . . .
MIGRATION CAP NOT WORKING
A further rise in net migration is being cited as evidence that the temporary cap will do little to reduce net migration to the level the Government has promised. Read more . . .
CIVIL DISOBEDIENCE THREAT
The GMB union has threatened large-scale civil disobedience if the Government attempts to change strike legislation. The comments came at the GMB annual conference after Business Secretary, Vince Cable, said that Government action could be taken if strikes became too disruptive. Read more . . .
INTERNSHIP'S SHAKE UP
The Strategy document says: “Internships need to be opened up to all young people." Read more . . .
RETIREMENT AGE REFORMS
Between the 6th April and 1st October, only people who were notified before 6th April, and whose retirement date is before 1st October can be compulsorily retired using the DRA. Read more . . .
EQUALITY ACT 2010
On April 7th, the Equality Bill was finally approved by the House of Commons and entered the statute book prior to the dissolution of Parliament. The majority of the provisions in the Equality Act 2010 will come into force in October, with the implementation of some provisions being delayed until next year to allow organisations across the public and private sectors time to prepare. This gives us all a bit of breathing space, but don't leave it to the last minute. This is an extremely important piece of legislation that will directly affect everyone. Contact us for further information and advice.
EMPLOYED OR SELF-EMPLOYED ? (April 2010)
THE RUMBLINGS of discontent regarding the employment status of many people working on a self-employed basis seems to be gathering pace yet again. Tax and employment specialists are predicting that HM Revenue & Customs (HMRC) will be clamping down on people claiming self-employed status, when in fact the reality of their position is that of an employee. Read more . . .
DISCRIMINATION CASE COLLAPSES
A disability discrimination claim from an unpaid worker has been rejected by the Court of Appeal. The volunteer, identified only as Mrs X, alleged that Mid Sussex Citizens Advice Bureau had discriminated against her on the grounds of disability when she was asked to leave. Her case was backed by the Equality and Human Rights Commission. However, Lord Justice Elias ruled that the Disability Discrimination Act and European Framework Directive did not cover X, because she did not have a contract with the CAB and was unpaid.
Laura Binnie at Blandy & Blandy LLP comments on the case: Read more . . .
Information
PUBLIC SECTOR STRIKE BACKLASH
Further public sector strikes could provoke a 'backlash', an expert has warned. Read more . . .
VICTIM SUPPORT GROUP WARN OF ' ASBESTOS PROTECTION CRISIS'
July 1st was Action Mesothelioma Day and hundreds of sufferers of the disease, and their supporters held events throughout the UK to highlight the ongoing danger of asbestos. Read more . . .