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Request for reinstatement following resignation - a reasonable adjustment?

22 December 2010 by Nicola Brown

The duty to make reasonable adjustments for disabled employees and applicants arises where a disabled person is put at a substantial disadvantage due to the working environment, both physically and practically, when compared to someone who is not disabled.  The obligation was first introduced in the Disability Discrimination Act 1995 and this has... read more »

Resignation myths

22 December 2010 by Nicola Brown

Here at Pure Employment Law we often advise employers on situations involving employees who resign, or threaten to resign. Unfortunately there are a lot of misconceptions and myths about resignations, so we wanted to lay some of the most common ones to rest. That resignations need to be accepted This is far and away the... read more »

'Tis the Season to be Wary? The perils of the Christmas Party

15 December 2010 by Nicola Brown

At this time of year, employment lawyers often have a Scrooge-like reputation, warning of potential claims that can arise from the work Christmas party. In fact, claims arising from Christmas festivities aren’t as common as some people would have you believe - but they do happen. For example, there’s the fact that alcohol is... read more »

Snow days - tricky issues for employers

1 December 2010 by Nicola Brown

The weather conditions in the UK have played havoc with our normal routines – trains, buses and aeroplanes have been cancelled, and travelling by car has been treacherous in many areas. Schools have been closed, meaning that parents have had to stay at home to look after their children.  With adverse weather conditions set to... read more »

Banking on the big day off?

26 November 2010 by Nicola Brown

The announcement that Prince William and Kate Middleton’s wedding is to be marked by an extra Bank Holiday on 29 April 2011 will be great news for many people – but it is likely to leave some employers confused about their position. This article first appeared on the People Management website. One of the main questions is... read more »

A risky compromise?

26 November 2010 by Nicola Brown

A drafting problem in the Equality Act 2010 means that there is a risk that it is not possible to validly settle claims under the Act using a Compromise Agreement. The Equality Act came into force on 1 October 2010 and applies to any discrimination claims arising since 1 October, or to ongoing... read more »

The ACAS Code - a wider remit?

26 November 2010 by Nicola Brown

The ACAS Code of Practice was designed to “help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace”. Redundancy dismissals and non-renewal of fixed-term contracts are expressly excluded from the ACAS Code of Practice. However, there is no mention of dismissals for ‘some other substantial reason’. A dismissal... read more »

Make it clear – or pay the price

26 November 2010 by Nicola Brown

In a recent case, Celebi v Scolarest Compass Group, the Employment Appeal Tribunal (EAT) illustrated how important it was for employers undertaking disciplinary investigations and hearings to make it clear to the employee exactly what they are being accused of. In this case Mrs Celebi was employed as a chef manager at a college.... read more »

TUPE and changes of service provider

26 November 2010 by Nicola Brown

During the late 1980s and early 1990s it became clear that when there was a change in the provider of a service, that change may well be governed by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). This meant that when for example local authorities outsourced their refuse collection services, TUPE... read more »

Collective redundancies and protective awards

26 October 2010 by Nicola Brown

The current recession has already caused large numbers of redundancies, and in the Comprehensive Spending Review it was announced last week that there will be hundreds of thousands more across the public sector. In this article we look at the provisions regarding collective consultation, and what happens if employees claim that the rules... read more »

No news is bad news

26 October 2010 by Nicola Brown

In the case of Gisda Cyf v Barratt, the Supreme Court has held that dismissal by letter was effective only when the employee actually read the letter.     Mrs Barratt's employer sent the letter confirming her dismissal by recorded delivery, and her son took receipt of the letter and signed for it.  She was away... read more »

Whose discretion is it anyway?

26 October 2010 by Nicola Brown

Rewarding employees by way of commission and bonuses is a very useful tool for an employer to motivate its workforce.  There are many different methods that an employer can use to calculate commissions and bonuses, from the very simple to the very complicated.  Such schemes can be contractual or discretionary in nature, or... read more »

Agency Workers’ Regulations – confirmed

26 October 2010 by Nicola Brown

Prior to the General Election, the Conservatives said that if they came into power, they would get rid of, or at least heavily review, the Agency Workers’ Regulations, which are due to come into force next year. At the time this was met with some scepticism as the UK is required by EU law... read more »

Bridging the gap?

26 October 2010 by Nicola Brown

As unfair dismissal claims generally require a year’s continuity service, there have been a lot of cases over the years brought in various situations where continuity of service may or may not have been broken. The case of Hussain v Acorn Independent College Ltd dealt with a teacher on a temporary contract and whether... read more »

Act now on the Equality Act

28 September 2010 by Nicola Brown

You may well be sick and tired of hearing about the Equality Act by now – but it is worth making the last few checks that you are compliant before it comes in on Friday (1 October 2010). The Government has published some guidance, very late in the day, but in case you... read more »

Face up to Facebook - Social media in the workplace

28 September 2010 by Nicola Brown

Do you allow social media in your workplace, and if so, what rules do you have? Or do you have an outright ban? We advise on the risks and how to strike the right balance for you and your employees. Recent statistics from myjobgroup.co.uk estimate that more than half of the UK workforce spends... read more »

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