Archive for September, 2011
September 8, 2011
For some years now it has been well established that an employee who is off work on long term sick leave is entitled to accrue their minimum holiday entitlement under the Working Time Regulations (that is 28 days, inclusive of Bank Holidays for someone who works a 5 day week). In practice, this has often meant that employers have to pay the employee for the accrued holiday once the employment has come to an end. Please see our previous update on this issue here. However, a recent case has given answers to some of the unanswered questions. Read more
September 8, 2011
Many employers will have come across the situation where an employee ‘goes AWOL’. Despite attempts to contact them, you are unable to find out when or whether they are planning to return. Sooner or later you have to draw the conclusion that the employee will not be coming back.
It is not unusual for an employer to write to an employee to say “if we do not hear from you within the next 7 days, we will consider that you wish to leave.” But is this valid in law? This point was considered recently in the case of Zulhayir v JJ Food Service Ltd in the Employment Appeal Tribunal. Read more
September 8, 2011
When faced with making people redundant, one of the obligations on an employer is to seek to find alternative employment for the employees affected. Where an employer is able to offer suitable alternative employment and the employee unreasonably refuses to accept that role, then under the provisions of the Employment Rights Act the employee loses their entitlement to redundancy pay. Read more
September 8, 2011
Race is one of the nine protected characteristics covered by the Equality Act 2010. Currently, the definition of race makes it unlawful to discriminate on the grounds of colour, nationality or ethnic or national origin. However, could it also be unlawful to discriminate against someone on the grounds of their caste? Read more
September 8, 2011
Although the previous Employment Tribunal statistics had shown a dramatic increase in the number of claims, the most recent details (released on 1 September and covering the period from 1 April 2010 to 31 March 2011) show that there had actually been an 8% decrease on total claims when compared with the figures for the previous year. Read more