Employment Law Updates
Auto-Enrolement – What You need to Know?
Seminar Invitation Auto-Enrolement - What You need to Know? Sherbornes Solicitors LLP in conjunction with Prosser Knowles Associates Ltd and Harper Sheldon will be providing a practical guide to dealing with the introduction of Auto-Enrolment and what it means to your business including payroll implications, impact on employment contracts and...
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Case reminds employers not to dismiss until they have considered facts properly
A “gentleman” who assaulted his girlfriend in her home (the girlfriend also being an employee) was dismissed by the employer and then successfully sued for unfair dismissal. The finding of unfair dismissal was upheld on appeal. This case reminds employers that even when the facts appear to be straight forward, even outrageous,...
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Requirement To Enter Into ‘Friendly Discussion’ Before Arbitration Was Enforceable
In a controversial decision, at odds with the law, the High Court held that an obligation on parties to enter into “friendly discussion” before embarking upon arbitration was an enforceable term of the contract. In this case, the parties had entered into “friendly discussion” so, the arbitrators had jurisdiction.Whilst this...
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Employment Law Updates
Damages Awards
Damages Awards Should Not Give The Claimant The Benefit Of Better Bargain Last month the High Court held that where a contract allows a defendant alternative modes of performance, defendants are entitled to the assumption that they would have only performed the minimum obligation required of them.The contract in this...
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The Employers Right To Increase Punishment When An Employee Appeals A Disciplinary
A useful reminder from the court of appeal came out this week about an employer's right, when an employee appeals a disciplinary sanction, to increase the punishment. The rule, set out by the Court of Appeal, is that unless the employer's disciplinary policy actually sets out the employer's right in this...
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Flexible Working Changes
The law changes as of today in relation to the right to request flexible working patterns. Until now the right existed only for parents and carers, as of today the right is extended to all employees. The government has also relaxed the complicated procedure which had to be followed. Following...
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It is time to review and update your Flexible Working Policy
You will have heard about the substantial changes to the flexible working rules that came into force at the end of June. We will update your policy on flexible working to make sure it covers the new rules at no cost if you are Arcturus client, if you are not Arcturus client...
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Indirect Discrimination
A case last week has looked at whether or not an employee has to show why a practice or criterion has a discriminatory effect on them. The answer is that they do not. To put this in context, a promotion exam at the home office was statistically more likely to be...
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Employees Secretly Recording Grievance And Disciplinary Hearings
In this case, an employee secretly recorded her employers adjournment discussions by leaving a secret tape recorder in her coat when she left the room for an adjournment. It may ruffle some of your feathers to learn that the Employment Appeal Tribunal ("EAT") has held that secret recordings of private...
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Constructive Dismissal And Affirmation Of Contract
In a case in the Appeal Tribunal last week, constructive dismissal was examined. If an employee is claiming constructive dismissal, they must either resign promptly and immediately after the alleged breach by the employer, or they must give their notice in promptly. In this case the emplopyee gave 7 months...
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