Archive for December, 2007
By Sarah - Thursday, December 20th, 2007
The laws have today been tightened on using the mobile phone whilst driving. It has been banned for sometime but today a new law will come into effect that means the penalty might not just be a fine and points but a jail sentence of up to two years. This is if the use of the mobile causes dangerous driving.
In reality this option has always existed for the police because they could prosecute for dangerous driving previously. The purpose of the change is however in my opinion more to highlight the seriousness of the actions and the consequences to try and discourage people from doing it.
Employers need to ensure, if they have not already done so, that they have a policy which deals with use of the mobile telephone whilst driving or not as the case may be. Most employers ban use of the mobile telephone whilst driving unless on hands free although the news suggested this can be just as dangerous. Employers should also ensure that their policy covers the use of sat nav as many a person can be seen fiddling with this whilst on the move.
Posted in Health and Safety | No comments »
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By Sarah - Thursday, December 20th, 2007
As we have not had a prize draw for some time we drew three names out of the hat from everyone who had completed feedback since the last draw. The first winner was Pat from Peterborough who opted for a case of mixed wine.
Unfortunately, she was unable to collect the wine herself so we do not have the usual picture for the archive but we received the following message of thanks from her:
“I would like to thank you all at PJH Law for the lovely selection of wines - quite a variety of different wines. Thank you all very much. I wish you all a very Merry Christmas.”
The other prize winners are popping in soon so watch this space.
Posted in PJH Law Prizewinners | No comments »
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By Sarah - Thursday, December 20th, 2007
Our offices will close at 1pm on Monday 24th December 2007 and open on 2nd January 2008 at 8.30am. We wish you all a Merry Christmas and a Happy New Year.
Posted in PJH Law News | No comments »
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By Sarah - Wednesday, December 19th, 2007
If you want to ensure you do not do it “Alan Sugar style” then book a place on our annual employment law seminar. The Seminar will take place on 24th January 2008 in Peterborough in the morning. Places are strictly on a first come first served basis and are filling up fast. If you want to book your place email: mail@pjhlaw.co.uk
ELS clients go free but places are only £25 plus VAT for everyone else. Book now tro avoid disappointment!
Posted in PJH Law News | 1 comment »
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By Sarah - Tuesday, December 18th, 2007
The Employment Appeal Tribunal have given Judgment on an interesting case on disability discrimination, which although not new law explores whether a dismissal for a disability can be justified and/or whether the Council complied with its obligations as to reasonable adjustments.
The Council dismissed an employee who had a disability within the first year of employment and the EAT explore within the Judgment what the alleged failures to make reasonable adjustments were and whether the dismissal was justified. They held that the Tribunal had erred in law and remitted the matter back to the Tribunal on a number of issues.
Posted in Disability Discrimination | No comments »
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By Liam - Monday, December 17th, 2007
In the appeal of North Wales Probation Area v Edwards, Mrs Edwards was offered work as a relief hostel worker after signing a document which was titled ’Relief Hostel Worker Contract’, to cover absences of the permanent staff. Sessional employment was what this appeal was concerned with, in which it was to be decided whether or not Mrs Edwards, a relief hostel worker, was an employee under a contract of employment.
It was held that there was a contract of employment when both a) Mrs Edwards arrived to work the sessions that had been offered to her and b) when she completed the hours that she was required to work. Mrs Edwards was held to be an employee under a contract of employment for each session she worked. It was therefore found that in light of these successive individual contracts Mrs Edwards worked under a contract of employment for the duration of each session (but not during the gaps).
The case did not deal with the issue of continuous employment for Unfair Dismissal purposes - the case was an appeal from a pre-hearing review that was limited to determining the issue of employment status. The decision is enough to give employees the right to make discrimination claims as no length of service is required, but could continuity clock up to reach the magic year?
Posted in Who is an Employee? | No comments »
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By Liam - Friday, December 14th, 2007
We are frequently asked to advise employees as to the enforceability of restrictive covenants that purport to prohibit an employee from working for a competitor after they leave their current job.
Restrictive covenants can be enforceable, but in order to be enforceable the employer seeking to rely on the covenant must have a legitimate business interest to protect and the covenant must go no further than is reasonably necessary to protect that legitimate business interest.
The Court of Appeal in Beckett Investment Management Group v Ltd v Hall has recently considered restrictive covenants and upheld the enforceability of a non dealing clause. This is a type of restrictions that don’t just prohibit an employee from soliciting clients from their current employer after that employment has ended, but goes further and prohibits the employee from working for such clients or selling to them at all - even if the client or customer contacts the employee without any solicitation from the employee. However, while non-dealing clauses can be enforceable, it is important to ensure they go no further than is reasonably necessary to protect a legitimate business interest - in Beckett, part of the covenant was severed (removed) by the Court on the grounds that it was too restrictive. However, the balance of the covenant could still have effect without the severed part and therefore the rest of the covenant remained enforceable.
Posted in Restrictive Covenants | No comments »
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By Liam - Wednesday, December 12th, 2007
The EAT have decided in Hart v Chief Constable of Derbyshire Constabulary that reducing the standards that an employee is expected to attain is not a reasonable adjustment that he is required to make under the Disability Discrimination Act 1995.
Hart was prevented, by a disability, from performing certain duties that were expected of a police officer. In particular she could not deal with “confrontational situations requiring restraint, arrest and detention” due to her disability (a spinal problem caused by an earlier accident). Hart argued that the requirement to deal with such situations should be removed as a standard she had to reach in order to pass her probation. The EAT disagreed. Lowering standards is not a reasonable adjustment that has to be made.
Posted in Disability Discrimination | No comments »
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By Sarah - Tuesday, December 11th, 2007
Those of you who read our Blog regularly will be familiar with the consultation which took place earlier this year concerning the statutory dismissal procedure.
Well the Employment Bill is currently before the House of Lords. You can read the full text here. The bill is not an Act of Parliament yet but if passed will repeal the statutory dispute resolution procedures. It will also repeal s98A of the ERA 1996 concerning procedural fairness. Instead, it will insert a new section 207A into the Trade Union and Labour Relations (Consolidation) Act 1992 which deals with a failure to follow the Codes. Those familiar with the Act will be aware that this is a reference to the ACAS Codes and any issued by the Secretary of State.
The proposed wording of s207A permits an uplift of upto 25% to awards for failure by the employer to follow the relevant Codes of Practice if the Tribunal considers it just and equitable to do so. Like the statutory dispute reolutuion procedure there is the same permitted percentage reduction if the employee is at fault. Now where have I heard that before!
The Bill also deals with enforcement of the national minimum wage.
Posted in Statutory Procedures, Unfair Dismissal | No comments »
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By Liam - Monday, December 10th, 2007
Under the Employment Act 2002 (Dispute Resolution) Regulations 2004, employees are entitled to an extension of time to present their Employment Tribunal complaint of Unfair Dismissal if they reasonably believe at the expiry of the normal three month limitation period that there is an outstanding appeal.
In 2006, the EAT held that if an appeal against dismissal was dismissed by an employer with between a day and a half and two days to go until the expiry of the three months, the employee was not entitled to the time extension (because at the time of the expiry of the normal limitation period, the appeal could not be reasonably believed to be outstanding).
The EAT has now handed down its Judgment in Royal Bank of Scotland v Bevan and has held that an employee is entitled to an extension of time where the employer confirms the outcome of an appeal against dismissal only 5 hours from the expiry of the three month limitation period. The reason for the time extension was that it was not reasonable practicable for the employee to present a complaint in the 5 hours before midnight and after close of business of most solicitors. This does not give a 3 month time extension (as would be the case if the appeal was ongoing at the end of the normal 3 month limitation period), but does allow a complaint to be presented as soon as reasonably pacticable, even after the normal limitation period has expired.
Employers that thought they could avoid claims by responding to an internal appeal immediately before the expiry of the three month limitation period, thus giving the employee insufficient time to present their complaint to the Tribunal, think again!
Posted in Employment Tribunal Procedure | No comments »
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