Author Archives: alison

Unfair Dismissal and consideration of an Employee’s previous conduct

Can previous conduct which has not resulted in disciplinary action be considered at dismissal stage? This was the question that faced the Employment Appeal Tribunal in the case of NHS 24 v Pillar. The Law In order to fairly dismiss an employee, an employer has to be able to show first that the reason for […]

Can you monitor employee messages?

Employer breached right to privacy by monitoring messages  The European Court of Human Rights’ (ECtHR) has held that a Romanian employer acted in breach of an employee’s right to privacy under article 8 of the European Convention on Human Rights (“the Convention”) by monitoring his messages on a work-related messaging account. The Law Article 8 […]

Potential problems with suspending employees

What are the risks of suspending an employee?  Suspending employees whilst disciplinary allegations are investigated is becoming more frequently used by employers, and in many cases that I advise upon suspension is used incorrectly and without proper consideration for the impact and outcome. In this recent case, a similar situation arose where the employer took […]

What do you do if an employee fails to give notice?

What can you do if an employee leaves without giving their required notice?  The starting point when considering the answer to this question is what is the required notice period that the employee is required to give? If an employee has a contract of employment then it is normal for the notice period to be […]

Supreme Court decision on employment tribunal fees

Employment Tribunal Fees are no longer lawful!   You will have undoubtedly heard in the news about the decision of the Supreme Court that Employment Tribunal fees are unlawful, and as a result they will be removed immediately, meaning that employees who wish to make a claim in the Employment Tribunal will no longer have […]

Compensation in Employment Tribunal cases

Does a 10% uplift apply to injury to feelings compensation?   This case concerned the question whether the 10% uplift that applies to general damages in all civil claims for pain and suffering also applies to claims in the Employment Tribunal for personal injury or injury to feelings. The Law If an employee wins a […]

ACAS Early Conciliation: Another case about the correct employer name!

Different name on ET1 & Early Conciliation certificate was a minor error  Completely confounding the law of averages, here we have another case in the Employment Appeal Tribunal (EAT) on the question of whether an ET1 (the Tribunal claim form) will be rejected if the name of the employer (known as the respondent) differs to […]

What happens if the employer named on a claim form differs to that on the Early Conciliation certificate?

ACAS Early Conciliation and the impact on an employees claim If the respondent employer named by the employee on the claim form (ET1) is considered substantially different to the name given on the ACAS early conciliation certificate (EC certificate), the ET1 will be rejected. This is what happened in the recent case of Giny v […]

National Minimum Wage rates – April 2017

  Current National Minimum Wage Rates The National Minimum Wage rates increased from the 1st April 2017 and it is therefore important that you take action to ensure your payroll is correct for all employees. The current rates are: 25 and over: £7.50 – this is known as the National Living Wage. 21 to 24: […]

Suspension at work

What to consider when suspending employees? When faced with a disciplinary situation or allegation you may decide that it is necessary to suspend an employee during the process, however you should ensure that you proceed with care and give full consideration to the reasons and your justification before taking action. Questions to consider include: Is […]

Your Legal Lighthouse

Guiding you through the sea of Employment Laws   How would you describe dealing with employees and HR issues? Stressful? Time-Consuming? Takes you away from making money and moving your business forward? Frustrating? Worrying?   Where do you turn if you don’t know what to do about employee issues? Google ACAS Colleagues Friends Your spouse […]

The General Election & Employment Law 2017

The story so far……. The manifestos have now been published and it is really as to be expected with few developments planned from the Conservatives and Labour clearly focusing their manifesto on the rights of workers and individuals. So what do they actually say which is relevant to Employers….. Conservatives Continue to increase the minimum […]

Time Limits in the Appeal Tribunal

A reminder of the strict time limits in the Employment Appeal Tribunal The time limits in the Employment Tribunal and Appeal Tribunal are short compared to many other legal claims, and as such both employers and employees have run into difficulty with time limits whether that be for submission of a claim or defence or submission […]

The General Election: What does it mean for Employment Law?

The story so far……. At the time of writing (9 am on the 8th May 2017) the various party manifestos have not been released although it is expected that they will be published within the next 7-14 days. In any event the parties have already made suggestions of their election promises which could have a […]

Reasonable adjustments in the recruitment process

Is there a requirement to change the test format applied in the selection of new recruits? The Employment Appeal Tribunal have confirmed that there was no error in law in a decision by the Employment Tribunal that a job applicant with Asperger’s syndrome had been discriminated against in the recruitment process applied by the Government […]

Was the dismissal of an employee for poor attitude and behavioural issues fair?

Unfair Dismissal in the Court of Appeal In a recent case which has been decided by the Court of Appeal the question of an employer’s decision to dismiss an employee for what was essentially a poor and negative attitude and negative behaviours has been considered. The Law When an employee makes a claim for unfair […]

Another Early Conciliation Case

The Tricky Issue of Time Limits and ACAS Early Conciliation Cases concerning the extension of time limits in the Employment Tribunal and ACAS Early Conciliation procedures continue to occupy the Employment Tribunals with this latest case decided by the Employment Appeal Tribunal where the employee went through a second round of early conciliation and attempted […]

The Danger of Poorly Drafted Contracts

Costly Fixed Term Contract Terms The importance of checking your employee contract terms and making sure that they are fit for your purposes was illustrated by a recent case decided by the Employment Tribunal. The Law When two parties enter into a contract they are promising to each act in accordance with the terms agreed, […]

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