Archive for 2011
December 15, 2011
It’s that time of year again, when we open Advent calendars, tuck in to mince pies, and employment lawyers usually trot out ‘bah humbug’ articles about work Christmas parties.
Well, if you are lucky enough to have a Christmas party this year, we expect you are probably already aware of what you need to bear in mind (if by any chance you’re not, click here!).
So instead, we thought we’d look forward to 2012 and suggest some work-related resolutions for you.
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December 15, 2011
If people are going to get married, it is important that they choose the right partner. Blindingly obvious perhaps, but what has this got to do with employment? Potentially quite a lot, according to the Employment Appeal Tribunal in Dunn v Institute of Cemetery and Crematorium Management [2011].
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December 15, 2011
Recent research by Unum and Personnel Today shows that 55% of employers are continuing to operate bonus schemes despite the recession. Bonuses can be a huge attraction for recruitment into businesses and indeed, are expected in many sectors. However, problems can arise when the rules of any bonus scheme are unclear or aren’t documented. Read more
December 15, 2011
In our last ebulletin we explained that the consultation regarding employment law reforms, including the proposal to charge fees in Tribunal cases, would be launched soon. The consultation document was released yesterday and makes interesting reading (although be warned, it is 84 pages long!). Read more
November 29, 2011
As previously reported on these updates (find our previous article here), the Government is keen to make changes to employment law as it sees the current state of employment protection as a deterrent to recruitment and job creation. Further details of some of the Government’s ideas were announced last week. Read more
November 29, 2011
In this article we look at two recent decisions – one in the Employment Appeal Tribunal and another in the European Court of Justice, and how they affect an employee’s holiday entitlement when they are on long-term sickness absence. Read more
November 29, 2011
It has long been established that as a matter of law, once a dismissal or a resignation has been communicated to the other party, then it is effective. There is a commonly held view that a resignation has to be accepted, but that is not accurate – both dismissal and resignation are unilateral acts (see our previous article here on resignation myths). Read more
October 31, 2011
As most of you will know from the news, Chancellor George Osborne announced some headline reforms on the law of unfair dismissal and the Employment Tribunal system at the recent Conservative Party Conference. The two significant changes announced were the increase in the qualifying period of employment required to bring an unfair dismissal claim from one year to two years with effect from April 2012, and the introduction of fees for claimants wanting to bring claims in the Employment Tribunal. Read more
October 31, 2011
This article originally appeared in People Management Online.
References are a notoriously tricky area – if the comments are too positive, they risk claims from future employers, and if they are too negative, they risk claims from ex-employees. This is one reason why many employers have a policy of sticking to the bare minimum of information and giving only dates of employment and job title. However, a recent case may provide a glimmer of hope for those who want to give more information. Read more
October 31, 2011
The question of who is an employee is one of the most fundamental issues in employment law. Most employment rights, such as the right to minimum notice, the right to the National Minimum Wage, the right to claim unfair dismissal and the right to redundancy pay all require employment status. It is therefore important for both companies and workers to understand their status at the outset of the relationship. The Employment Rights Act has a very circular definition of who is an employee – defining an employee as a person who works under a contract of employment. Many years ago in the Court of Appeal legendary judge Lord Denning said that he would recognise an employee when he saw one, but he didn’t give us much guidance on how this should be done! Read more