The High Court ruled last week that an employer could dismiss an employee for an act of Gross Misconduct over five years old. The employee was a football manager, in fact he was manager of Leeds United. He was served notice of redundancy, and his notice was worth £200,000. The employer, after serving notice, mounted a concerted effort to find misconduct, having the managers computer forensically analysed, and found that he had forwarded an offensive email over five years prior. He was sacked and lost his notice and redundancy. The High Court ruled that because the employer did not know about it before, they could still sack, even after substantial time had passed. It did not matter that the employer had actually gone out of its way to look for misconduct. The email was offensive, could be harassment, and the manager held a senior position. The case can be read in full at the following link: http://www.bailii.org/ew/cases/EWHC/QB/2015/376.html Back to legal...
Last year, the courts decided that if overtime was compulsory, it should be included in the amount of a week’s pay for the purpose of holiday pay calculation. Now, the courts have progressed this by ruling that voluntary overtime needs to be included in the calculation, particularly when it is worked regularly. Read More Read more>>
Employees will no longer have to pay to start a claim in Tribunal after the Supreme Court unanimously quashed the fees regime introduced by the government in 2013. Fees for Tribunals have deterred a great many claims in Tribunal, not only for unpaid wages but for discrimination and unfair dismissal as well. Tribunal applications dropped… Read more>>
Businesses should already be aware that as of last April Companies House introduced a register of the people with significant control (PSC) of a company. This was done when submitting the company’s annual confirmation statement (which replaced the annual return in June 2016). Read More Read more>>