Back in my consultancy days I had many conversations with employers, convinced an absent employee was swinging the lead, haloo with delight when they caught said employee driving past the office / going to Tesco’s / whatever. There’s a common view that if you’re off sick, then you’re confined to bed and the sofa, steaming [...]
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Unfair dismissal law was originally written, and is still phrased, such that the primary remedy for unfair dismissal is an order for reinstatement or re-engagement, rather than compensation. They are however a minority, the vast majority of Claimant employees opting for the money instead. Where they are of use to the employee is where they had [...] It’s a common request – “Can I bring a solicitor to my disciplinary?” – and a surprise to many employers that they have a right to refuse. There is a right under the Employment Relations Act 1999 to be accompanied at a grievance or disciplinary meeting by a fellow employee or a trade union representative. [...] The most common limits increase as follows: The cap on a week’s pay for Statutory Redundancy Payments, the basic award, and related purposes – up from £330 to £350; The new limits will come into [...] In other news this November, everyone seemed to be calling for the sacking of someone. From the social workers charged with the care of Baby P, to foolish radio presenters, dismissal has hit the headlines. Ross & Brand What faced the BBC with Ross & Brand was the same issue that faces many smaller employers, just on [...] The Telegraph reports on a Muslim employee who was given a birthday card for his 40th birthday, inscribed with the (joking) message that he was now too old to be terrorist. Omar Fikri brought a claim under the Race Relations Act 1976 and the Employment Equality (Religion or Belief) Regulations 2003. As usual the reporting [...] Apprentices aged under 19, or who are in the first year of their apprenticeships, do not qualify for the minimum wage. There has a been a de facto minimum of £80 per week for the last couple of years, simply as a matter of contract between employers and the Learning & Skills Council. Still, this [...] Stephen Price, an openly-gay practising Christian, won his tribunal claim against the Presbyterian Church in Wales. A BBC report and ’steps-of-the-tribunal’ interview is here. Although it’s an obvious headline-grabber there’s not much surprising here legally; once the tribunal had come to the decision that Price had suffered serious name-calling, bullying at the hands of his awful [...] The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – a Code of Practice, and a document containing wider guidance. The consultation document notes that [...] The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s been developed in consultation with the Information Commissioner’s Office, so one assumes the data protection [...] |
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