Archive for September, 2008
By Philip - Tuesday, September 30th, 2008
I know all faithful readers of the blog have had a sleepless night wondering who the competition was in the Law Society Excellence in Client Service Awards, well you can all sleep soundly tonight as here they are (one or two of them may be familiar names):
- Ashurst LLP
- Fox Williams LLP
- Harkin Lloyd Solicitors
- Jackson Barrett & Gass Solicitors
- London Borough of Brent Legal Team
- Lovells LLP
- PJH Law Solicitors
I trust that list is in alphabetical order, not finishing order! Whatever happens, should be a great night.
Posted in PJH Law News | 1 comment »
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By Sarah - Monday, September 29th, 2008
We have just found out today that the firm is a finalist in the prestigious Law Society Excellence Awards 2008. We are a finalist in the category of Excellence in Client Service Award. The Judges have whittled the entries down to the last seven.
There will be a gala dinner on 23rd October 2008 at Old Billingsgate in London where the winner will be announced.
To take the information straight from the horse’s mouth the awards:
“highlight excellence in client care and innovative approaches to maintaining and developing client-focused services. The Judges will look for practices that demonstrate a leading edge commitment to client care and examples of real efforts in going the extra mile for a diverse range of clients.”
We are thrilled to make the finalists for this awards as it is a recongition of our excellent client service. To get to the final when the awards are national and we are up against the big city firms is a major achievement for the firm.
Posted in PJH Law News | 1 comment »
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By Jenny - Thursday, September 25th, 2008
A recent undercover investigation by the BBC has revealed bullying of young recruits at an army barracks in Yorkshire. As a result five army instructors were suspended. An example of the alleged bullying included being punched in the face.
There are a number of options available to a Claimant who has been physically or verbally abused at work. Physical abuse at work and certain levels of verbal abuse would almost certainly entitle the employee to resign and claim constructive unfair dismissal (assuming the employee resigned because of the physical abuse and they resigned within a reasonable amount of time).
The employee may also have a claim of discrimination if the treatment is related to the employee’s age, disability, gender, race etc. There is also a civil remedy under the Protection from Harrassment Act 1997 which can either be against the perpetrator or the employer. This is useful for when the harrassment cannot be shown to be on the grounds of a person’s sex, race, age etc.
A claim could therefore be brought in the Employment Tribunal or the civil courts. A Claimant will have to decide which route to take from a tactical point of view and will depend on the particular circumstances of the case.
Under discrimination law, the employing organistion is legally responsible for any dicriminatory acts by one employee to another. An employer could have a defence that it took steps which are reasonably practicable to prevent unlawful acts of discrimination. It is important therefore to provide employees with training about what is acceptable in the workplace. We offer an e-learning course called Dignity at Work which is an easy way to train employees about behaviour in the workplace.
Posted in Unfair Dismissal | 1 comment »
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By Liam - Wednesday, September 24th, 2008
This case is a reminder that it is possible to vary some parts of the Working Time Regulations 1998 (which provide for, amoungst other things, entitlement to holidays and holiday pay) by means of a “Relevant Agreement”. This can include a contract of employment.
The working time regulations provide for the employer to give the employee notice that he is to take a holiday of double the duration of the holiday. For example, four days’ holiday requires eight days’ notice.
This means that if an employee has a one week notice period and has four days’ holiday remaining, the employer would not, under the WTR, be able to require the employee to take that holiday in their notice period. This would leave the employer paying the employee notice pay in his notice period and accrued holiday pay on termination.
However, where a contract gives an employer the right to insist on an employee taking their accrued holiday entitlement in their notice period, this does not fall foul of the Working Time Regulations because the contract is a Relevant Agreement that overides the WTR (and does not have to follow the normal rules about contracting out of statutes and compromise agreements that apply to many employment statutes).
Posted in Holidays | No comments »
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