Category Archives: Contracts of Employment

Heat of the moment – withdrawing a dismissal or resignation

In Kwik-Fit (GB) Limited v Lineham [1992] IRLR 156 Wood J said: “Words may be spoken or actions expressed in temper or in the heat of the moment or under extreme pressure (“being jostled into a decision”) and indeed the … Continue reading

Posted in Contracts of Employment, Unfair Dismissal | Leave a comment

Express your personality

…if you want your legal personality to be an express term. Employers should note the cautionary tale of Mr & Mrs McVeigh, who appealed to the EAT on a tribunal’s determination that they personally were the employers of their dismissed … Continue reading

Posted in Contracts of Employment, Status, Unfair Dismissal | Tagged | 1 Comment

Sir Fred’s pension – protected by Human Rights?

Most lawyers felt unease as they watched Harriet Harman tell Andrew Marr that: Sir Fred should not be counting on being £650,000 a year better off as a result of this because it’s not going to happen. The Prime Minister … Continue reading

Posted in Contracts of Employment, Rambling | 18 Comments

Discretionary bonuses for bankers could still be payable

There has been much outcry over whether or not bank employees will receive their bonuses this year, especially those at bailed-out Royal Bank of Scotland and Lloyds TSB. The government claims it is intending to halt almost all “discretionary bonuses” … Continue reading

Posted in Contracts of Employment | 3 Comments

Lying on your CV

The One Show had a feature today on CV falsehoods – reckoning that as vacancies disappear applicants will become more willing to embellish their accomplishments. You can watch it for the next 7 days on BBC iPlayer here, and that … Continue reading

Posted in Contracts of Employment, Recruitment | 9 Comments

Working time opt-out at death’s door once more

Personnel Today reports on the alarm expressed by businesses on the European Parliament’s vote to end the maximum working week opt-out. The statistics quoted are telling enough as to how its end would effect the UK workforce – around 1 … Continue reading

Posted in Contracts of Employment, Rambling, Working Time Regulations | 3 Comments

Agency workers gain employment rights

Agency workers in the UK currently have few rights, as they are not employees under employment legislation. The chief remedy from which this bars them is that of unfair dismissal – there have been some well known cases involving workers … Continue reading

Posted in Contracts of Employment | 1 Comment

Sick pay and benefits shake-up

From tomorrow – Monday 27th October – agency workers and those on fixed term contracts of less than three months will gain entitlement to statutory sick pay, something with which they’d previously had to live without. Also, income support and … Continue reading

Posted in Absence, Contracts of Employment | 1 Comment

On-call time – Minimum Wage & Working Time Regulations

This blog is getting a little minimum wage-centric at the moment, but there’s a recent EAT case that re-emphasises what must, by now, be well settled law. Mrs Hughes worked in a care home, which provided her with a flat … Continue reading

Posted in Contracts of Employment, National Minimum Wage, Working Time Regulations | 1 Comment

Director / shareholder status claims stayed

All Employment Tribunal claims depending on the status of majority shareholders / directors are being stayed until the Court of Appeal gives its judgment in Secretary of State for BERR v Neufeld. My prediction is that the court will uphold the … Continue reading

Posted in Contracts of Employment, Status | Leave a comment