Archive for January, 2007
By Philip - Wednesday, January 31st, 2007
Ever wonder whether work experience students have any employment rights, in particular the right not to be discriminated against? Wonder no more, Burton J in a very comprehensive judgement answers the question in a straightforward way:
Finally I stand back and ask myself whether there is any principled reason why the 1976 Act should not apply to work experience or work placement. I see none, and there appears to me to be no distinction from that point of view between applying the principles of race relations, and anti-discrimination law, to ‘training proper’, as Ms Outhwaite would have it, and to work placement or work experience.
Just bear that in mind when you take on (or fail to take on, as was the case here) students looking for work experience or vacation placements.
Posted in Sex/Race Discrimination | No comments »
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By Philip - Tuesday, January 30th, 2007
Changes to Terms and Conditions of employment after a TUPE transfer are the subject here. In summary, changes which benefit the employee will be allowed. Changes that do not benefit the employee will be void.
Posted in TUPE | 2 comments »
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By Philip - Monday, January 29th, 2007
Just a reminder that redundancy pay goes up to £310.00 on Thursday. Unfair dismissal compensation up to £60k + All the information is here.
Posted in Redundancy Payment | No comments »
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By Philip - Friday, January 26th, 2007
If you open your office window and can hear a trumpet being blown, are you wondering where the sound of a blown trumpet is coming from? I can exclusively reveal where trumpets are being blown at full force. The DTI, of course, who are loudly proclaiming that their family friendly laws have been a resounding success. Such a success indeed that everyone should be congratulated, but particularly the DTI.
In case you spend idle moments wondering how many flexible working requests are accepted by employers, wonder no more, the answer is here It’s 80% apparently.
Unable to sleep because you don’t know how many employers have flexible working policies? Toss and turn no more your insomnia cure is freely available here. 56% of employers who employ more than 10 employees now have such policies.
Suffering anxiety attacks because you think that the right to flexible working may be extended? Well all employers can now sleep soundly at night as consideration is being given to extending the right to parents with children above the age of six.
Speculation is mounting that the DTI may be scrapped. Surely not after successes like these.
Posted in Family Friendly | No comments »
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By Philip - Thursday, January 25th, 2007
The Court of Appeal has held that employees can not claim breach of contract in the Employment Tribunals unless their employment has terminated. They can however bring an unauthorised deductions from wages claim in the Employment Tribunals as long as the claim is for a known amount. This means that in cases where employers operate a bonus scheme where the amount of the bonus is discretionary and varies from time to time, Tribunals do not have jurisdiction to hear a complaint about non payment unless the employee has left employment. A claim while the employee is still employed would have to be brought in the more costly and procedurally complex County Court. Read all about it here.
Posted in Breach of Contract | No comments »
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By Philip - Wednesday, January 24th, 2007
Well as it’s a light employment law news day today,readers may find this American blog an interesting read. The title of the post is The 10 most common mistakes made by Employers. Read it here I certainly found myself nodding in agreement at most of them!
Posted in Miscellaneous | No comments »
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By Philip - Tuesday, January 23rd, 2007
We know that many employees need to drive as part of their job. With Gatso speed cameras everywhere, it is quite easy to pick up points on your licence. The DTI has just announced that if you are caught using your mobile phone in your hand while driving you will incur a fixed penalty of £60.00 plus three points. It is also worth noting that if you are caught not having proper control of the car whilst using a hands free then that will also incur a £60 fine and 3 penalty points. Read it here
Posted in Health and Safety | No comments »
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By Philip - Monday, January 22nd, 2007
Well it’s official, the meanest employers are located in ………………………………………………………………………………….
yes, you guessed it, the East Midlands. We’ve worked this out by looking at the data on the DTI site looking at percentage number of employees per region who will benefit when the statutory minimum number of holidays is raised from 20 to 24 later this year and from 24 to 28 in 2008. A staggering 23% of the workforce would benefit in the East Midlands, which to be fair, came joint top (or bottom) depending on your point of view, with London. Crunch the data here.
Posted in Holidays | No comments »
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By Philip - Friday, January 19th, 2007
It looks as though the HSE is running a new campaign to ensure that hairdressers wear gloves at work to prevent dermatitis. If you are going to the hairdressers or barbers this weekend and find your hairdresser all gloved up, don’t take it personally as you’ll know why. Read about it here
Posted in Health and Safety | No comments »
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By Philip - Thursday, January 18th, 2007
The Claimant sought advice from the CAB about his claim for Unfair Dismissal and was told to await the outcome of an appeal before submitting his Claim. The three month time limit expired on 10th February 2006. The appeal outcome was received on 9th February 2006 but no claim was presented until 23rd February 2006. The Tribunal allowed the Claim on the basis that it is was not reasonably practicable for the Claim to be presented in time and that it was presented within a reasonable period thereafter. The EAT overturned the decision and dismissed the claim as the Claimant had failed to provide an adequate explanation as to why the claim was not presented on 9/10 February 2006. This case highlights the importance of making sure appeal outcomes are not too close to the limitation deadline so that if it is missed by the Claimant the delay is difficult to explain!
Posted in Unfair Dismissal | No comments »
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