The Appeal Tribunal has ruled that where an employee pretends to be more sick than they really are (Malingering) then it is an issue of misconduct and not capability. The Tribunal went on to say that if an employee is caught out doing this, it may be a case of gross misconduct being a fundamental breach of contract. Naturally the case will depend on its facts, but employers will be relieved to hear that those off work with bad backs found on the golf course may be capable of summary dismissal, subject to the usual rules of procedure. A similar approach would seem suitable for “Duvet Days” or spurious family emergencies. The case of the Malingering bus driver can be read at the following link: http://www.bailii.org/uk/cases/UKEAT/2015/0295_15_0312.html Back to legal...
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>>
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants. It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different test than when an employer… Read more>>
The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision and it applies particularly in… Read more>>