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May 19, 2011
The Employment Appeal Tribunal has handed down its findings in two recent cases, both of which indicate that an employer should always take care when dismissing an employee on the back of a final warning. In both cases, flaws were found in the procedure the employers had followed when issuing the final warnings, and this led the Employment Appeal Tribunal to conclude that the employees had been unfairly dismissed. Read more
May 19, 2011
Many employers nowadays are very cautious about giving references for former employees. It is common for references to be limited to only the most basic information such as the employee’s start date, end date, and job title. But a recent case has shown that employers need to be wary of any comments made about a former employee, even if they are not specifically in the form of a reference, and even if the comments are made some time after the employee has left. Read more
May 19, 2011
It is well known that in employment law, notice under a contract usually only takes effect once it has been effectively communicated to the other party. But when does the clock start ticking on the notice period once it has been communicated? It is in the interest of employers and employees to be clear on when an employee’s last day of work will be, not least so that the departing employee can organise their leaving drinks! Read more
May 19, 2011
One of the questions that we get asked most often, by employers and employees, is how best to deal with Bank Holidays where employees work part-time. Read more
May 19, 2011
Fixed term employees are often viewed by employers as being a handy, flexible resource who can be used to flesh out the permanent workforce when necessary, and then disposed of when work levels reduce. A common use of fixed-term workers is cover for maternity leave or long term sickness absence. Many people believe that fixed-term employees have less legal protection than permanent staff. However, for many purposes, they have the same rights, and arguably they have an extra level of protection afforded to them by the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. This article looks at some of the common misconceptions about fixed-term employees. Read more
May 19, 2011
For several years now it has been unlawful to discriminate against someone on the grounds of their religion or philosophical belief. There have been quite a few cases on discrimination on the grounds of religion, and it is usually quite clear what a religion is. Identifying a philosophical belief has been more of a challenge for the Tribunals, but they seem to have adopted a pretty wide interpretation to the meaning of the legislation. Read more