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By Sarah - Thursday, September 2nd, 2010
Hays, who are stated to be the largest recruitment company in the UK, have said that the current job market is all about job churn. Although employers are replacing staff who have left, they are not creating new jobs. This is however an improvement on the previous position 12 months ago, when if a person left, in 90% of the cases they were simply not replaced. You can read the full story on the BBC News site.
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By Emma K - Wednesday, September 1st, 2010
A BBC whistleblower who claimed she was bullied after questioning a £250,000 redundancy payoff for a senior manager just eight months from retirement, was given £30,000 after she dropped her claim yesterday.
Indira Histon, 34, a human resources and development manager, claimed she was asked to lie to BBC lawyers so the manager, who had taken voluntary redundancy, would receive the £257,000 pay-off.
Ms Histon said that in August last year she had been asked by senior staff members to come up- with a ‘creative’ payoff for Ms Lynas, who was due to retire in June this year, that they could push through the finance approval process. ‘This was a very large pay-off and was likely to be scrutinised by BBC management,’ she added.
‘The team and I were shocked by the suggestion that we would pay this amount of money to an individual particularly as we believed the pay off was excessive for a management interest termination and amounted to a misuse of licence payers money.’
The BBC argued that its senior executives ‘considered that there was a business case for not imposing the limit of 12 months’ pay, which was usually applied by the BBC to compromise agreements in cases of consensual termination’.
Ms Histon, earned £60,000 a year working at the Television Centre in Wood Lane. She withdrew her tribunal claim after reaching a settlement.
The BBC said she would be leaving her position soon.
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By Liam - Tuesday, August 31st, 2010
It looks like we may be subjected to more strikes on the London Underground. ACAS are scheduled to hold talks between London Underground and the unions RMT and TSSA tomorrow in an effort to crack a deal to avoid a strike next Monday. See the ACAS website here.
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By Sarah - Tuesday, August 31st, 2010
On a very light employment law news day, I came across this story about the first Google employee Craig Silverstein who joined Google’s founders as the first employee in 1998. 12 years later they have gone from three people in a surburban garage to 20,000 employees in 70 offices across the world. Not to mention being one of the largest, if not the largest search engine in the world and a global name. Wow - that is a success story!
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By Philip - Friday, August 27th, 2010
Where an employee is on maternity leave and her post is declared redundant during that leave then she is entitled to be offered, ahead of any other redundant employee, any suitable alternative employment that comes available. Two points arise in Simpson v Endsleigh:
1. It is for the employer to determine suitability based on their own knowledge of the employee and in particular her contractual base if the vacancy is, as was the case here, in Cheltenham and her contractual base was in London. Generally speaking this case illustrates a general, rule of thumb, namely that the more junior an employee the less likely he or she is to move hundreds of miles for their employer and a job such a distance away is likely to be unsuitable for this reason.
2. The burden of proof does not pass to the employer in these cases.
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By Practice Administration Team - Friday, August 27th, 2010
After all the media attention about the Cat in the Bin I saw this and thought it merited a mention …. so funny!!
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By Liam - Thursday, August 26th, 2010
This case at the EAT, the EAT have once again found the Tribunal to have erred in law by substituting its own view for that of the employer.
Tribunals should consider whether an employer has acted within the range of reasonable responses of a reasonable employer. This is a wide range and the fact that the Tribunal might not have dismissed an employee in the same circumstances, doesn’t on its own make a dismissal unfair.
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By Sarah - Thursday, August 26th, 2010
A sprinter, Matthew Thomas, was signed off sick with a bad back from November 2007 until his resignation in June 2008. During that time he was paid sick pay totalling £13,892.12 after telling bosses that he had fallen off a ladder and injured his back. He was a payroll officer for Newham Council.
However, in February 2008 (whilst off sick) he raced in the Birmingham Athletic Games and in March 2008 (again still off sick) the Surrey County Indoor Championships. He also held regular 90 minute coaching sessions in that period with Met-Track and athletics scheme set up by the Met.
He is being prosecuted for fraud by failing to disclose information about his work for the Met-track scheme and 10 counts of fraud by false representation due to the sickness certificates he submitted. Ouch - let that be a lesson to those employees who pull a sickie!
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By Practice Administration Team - Thursday, August 26th, 2010
Every now and then you come across something which makes you think about the miracle that is life. This is one such story.
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By Liam - Wednesday, August 25th, 2010
Following on from last year’s videocasts, Sarah talks about Employment Law developments from March/April 2010 in PJH Law’s latest videocast. The videocast can be downloaded by clicking on the links below:
PJH Law Videocast March/April 2010 (For slow Internet connections).
PJH Law Videocast March/April 2010 (for mobile devices).
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