In employment law, a whistleblowing claim is the general term for where employees claim that they have been treated to their detriment because they raised, or threatened to raise, a matter of public interest. The damages are unlimited and such a claim can allow an employee with less than two years’ service to claim unfair dismissal (sometimes). This protection applies to workers, as well as employees. The case in hand involved an agency nurse supplied to a specialist centre for victims of sexual abuse, whose job was, in part, to medically examine victims. In this case, the agency worker was placed with the NHS. The worker brought a claim and the original Tribunal (the Bristol Tribunal in this case) felt that it should only be brought against the agency. The Appeal Tribunal disagreed and said that the claim could be brought against the end user. This is because the end user (the NHS in this case) had determined some of the terms of engagement. The end user did not need to determine all of the terms, but it must have been substantially involved in them. The lesson for employers is that just because a worker is provided by an agency does not mean you can disregard principles such as protected disclosure safeguards. Take any such disclosure by a worker of any kind as serious until you have looked into it. The Appeal Tribunal judgement can be read at the following link. http://www.bailii.org/uk/cases/UKEAT/2016/0354_15_2107.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>>