BUSINESS LEGAL EMPLOYMENT LAW
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- Information and Consultation (12)
- Dismissals (17)
- Discrimination and Redundancy (17)
News & ArticlesDifferent policies can be applied to different employees to avoid discrimination
An employment policy may be objectively justified and not, therefore, discriminatory for staff in one age group but not in another. Employers may be able to avoid claims by the second group by applying a different policy to them which doesn't discriminate against them.
Employer can use using recruitment criteria when selecting for redundancy
An employer's use of new employee recruitment criteria to assess competency when selecting for redundancy has been upheld as within the range of reasonable options for an employer. However, the Employment Appeal Tribunal (EAT) expressed some reservation.
Employers should avoid discussing an employee's age and retirement unless circumstances justify it
Discussions and comments at work about an employee's age and possible retirement can be non-discriminatory, but only if circumstances justify them.
Guidance given on when employees can use secret recordings in employment claims
Employers will benefit from guidance on when employees can rely on secret recordings of conversations with co-workers and their employer in employment law claims.
Businesses should check they comply with discrimination laws on access to their goods and services
A restaurant whose staff manhandled a customer in a wheelchair has been ordered to pay thousands of pounds for disability discrimination and for its failure to make 'reasonable adjustments' so as not to disadvantage disabled customers.
Employer cannot 'undo' dismissal without employee's consent
An employer's decision to dismiss an employee for gross misconduct during an internal disciplinary procedure could not later be replaced with a lesser sanction on an internal appeal, without the employee's consent.
Employers and employees in discrimination cases usually have 'joint and several' liability
Claims against colleagues may increase following a recent ruling that liability for discrimination is usually 'joint and several' against employer and employees. This means an employee could recover 100 per cent of any award from fellow employees and or the employer.
Have your say: Acas consults on proposed Code on Settlement Agreements
Employers can offer their views on Acas's proposed Code of Practice on Settlement Agreements. The Code is aimed at helping employers have discussions with employees in anticipation of a termination of their employment on the basis those discussions will not be revealed in court if they fail.
Lower severance payment for younger employee objectively justified
An employer has objectively justified paying a younger worker less severance pay than older workers on redundancy because of the proportionately greater problems for older workers in getting a new job.
Employers' investigations into allegations of serious dishonesty must be careful and thorough
Employers investigating allegations of serious dishonesty against an employee should do so carefully and thoroughly, collecting and considering all reasonably available evidence, or risk losing an unfair dismissal claim.
Employers must consider what employees cannot do when deciding whether or not they are disabled
Employers should take into account activities an employee is not able to carry out, and not concentrate solely on what they can do, when deciding whether the employee is disabled or not. If they fail to do so, they risk a disability discrimination claim.
Employers must give notice of payment in lieu of notice as well as payment itself
Employers contractually entitled to terminate an employee's contract by making a payment in lieu of notice (PILON), but fail to notify the employee they have done so, may find the employee can treat their employment as continuing. This is the case even if the contract of employment does not specifically require such a notice, the Supreme Court has ruled.
Employers must take reasonable steps to contact employees on important matters, despite contract terms
Employers must take reasonable steps to contact employees about important matters, even if it is the employee's fault the employer does not have a current address. Failure to notify the new address is in breach of the employee's contract of employment.
Have your say: Proposed TUPE changes
Employers are invited to comment on Government proposals for radical changes to the TUPE rules, designed to protect employees in certain circumstances when a business or undertaking for which they work is transferred from their current employer to a new one.
Tribunal clarifies when reinstated employees have continuity of employment for unfair dismissal claim
A reinstated employee has successfully claimed continuity of employment in respect of his old and new jobs with his employer despite a time gap, giving him sufficient continuous service to claim unfair dismissal.
Making disabled employee return to old job after secondment can trigger disability claim
Forcing a disabled employee to return to the old role after secondment may amount to a 'practice, criteria or provision' that disadvantages the disabled employee, triggering a requirement to make 'reasonable adjustments', the Employment Appeal Tribunal (EAT) has ruled.
UK test for fair dismissal satisfies Article 8 human rights test
The UK test of whether a dismissal was within the band of reasonable responses is sufficiently flexible to hold good – even when Article 8 of the European Convention on Human Rights (ECHR) applies, the Court of Appeal has ruled.
Employment Law compensation limits increase
Increased limits on compensation for unfair dismissal, redundancy and other employment law claims are introduced with effect from 1 February 2013.
A Right to Legal Representation during an Internal Disciplinary
In the recent case of Ministry of Justice v Parry, the Employment Appeals Tribunal (EAT) confirmed that Article 6 of the ECHR (the right to legal representation) will only usually need to be observed where a decision to dismiss from employment would also form a legal barrier to that individual being able to continue to work within their chosen profession.
New Statutory Payment Rates Announced
The Government have recently announced the increases in the statutory payments for time off work.
Employee's comments on Facebook did not bring employer into disrepute
An employee who posted moderate, respectful comments about gay marriage on his personal Facebook profile neither brought his employer into disrepute nor acted in a way likely to offend colleagues or customers, the High Court has ruled.
Employee working at less than 25 per cent capacity not protected by TUPE
An employee working exclusively for a client, but at less than 25 per cent capacity, was not entitled to be taken on by the client under the TUPE rules when the client's contract ended, the Employment Appeal Tribunal (EAT) has ruled.
Consultation before redundancy not always required
An employer does not need to consult with an employee before making him redundant if it would be 'futile' to do so, according to a ruling of the Employment Appeal Tribunal (EAT).
Employee bound by restrictions in unsigned employment contract
An employee was bound by non-compete clauses in a new employment contract he had not signed, because he claimed benefits which were solely referable to that contract, the High Court has ruled.
Sender does not automatically own content of emails
A business that sends emails to an employee has no right of ownership in the contents of the email merely because it is the sender, the High Court has ruled.
Employers who victimise ex-employees after they leave can still face claims
Employers should not act in a way that victimises former employees, following an Employment Tribunal (ET) legal ruling.
Tribunal exercises new power to order discrimination training
Employers should ensure their managers, particularly in human resources (HR), receive disability discrimination training and, where appropriate, specific training in relation to disability discrimination issues.
Court clarifies when domestic workers are entitled to the national minimum wage
The Court of Appeal has clarified when domestic workers are 'treated as family', and therefore not entitled to the national minimum wage (NMW).
Business Immigration Overview Seminar
Employment has become increasingly global over the past years and visa requirements now play an increasing part in the recruitment process. Employers must have a good knowledge of immigration law so that they can assess how realistic it will be to employ migrants.
Hurricane Disruption and Stranded Employees
Hurricane Sandy has caused huge devastation to the North Eastern United States and the clear up is now just beginning. Impacting on the UK as, many employees are intending to travel or indeed are stuck abroad.