Employment Law Updates
Protected Offers and Automatically Unfair Dismissal
The Appeal Tribunal has handed down an important reminder about the limits of keeping conversations off the record. Where an employer wants to divest themselves of an employee, the fact that a conversation with this intention is had at all can be used to show that the employer’s mind was...
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Employment Law Updates
The Importance of Proper Consideration of Appeals
A recent Employment Appeal Tribunal case further emphasises to employers that they cannot ignore a disability even if they only find out about it after an employee has been dismissed.   Where an employee has more than two years’ service (and therefore has the right to claim unfair dismissal) employers...
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Employment Law Updates
Clarifying the Time Limit for Providing Written Statement of Employment Terms
Under section 1 of the Employment Rights Act 1996, employers have 2 months in which to provide their employees with a written statement of the terms of their employment (often referred to as a section one statement, strangely). However, a recent case in the EAT has confirmed that an employee...
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Employment Law Updates
Online Employment Tribunal Decisions
Some employers may be surprised to know that all Employment Tribunal decisions made from February 2017 onwards are freely available online. Decisions made before this date are publicly available but you have to go to Bury St Edmunds County Court to get them.   Whilst we are not aware of...
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Employment Law Updates
When is An Employee Disabled?
The question can sometimes arise as to whether an employee is disabled. This occurs often when the employee has a condition which is debilitating, but the employer argues that it is not “long-term” (this being a necessary feature of a condition if it is to be classed as a disability)....
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Employment Law Updates
Can Notice Be Withdrawn, Has It Been Given?
The Appeal Tribunal has handed down judgment in a case that may shock some employers.   An employee handed in her notice within the admin department of an NHS Trust because she had been offered a job elsewhere in the Trust. The notice said “Please accept one months notice from...
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Employment Law Updates
Workplace Rights If There’s A No Deal Brexit
It is likely that you will have seen or heard that the Government published guidance on how to prepare for a no deal Brexit. With a large amount of employment law stemming from Europe, what rights will remain and what will change with Brexit is a concern for many businesses....
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Employment Law Updates
National Minimum Wage & Sleep-ins
There have been a lot of cases over the past year or so looking at what amounts to working time. This is important as where time is “working time” the national minimum wage is payable. In May last year, we reported an EAT case where it was decided that sleep-in...
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Employment Law Updates
World Cup and HR management
We have tried to avoid the usual hyperbole about the world cup and managing absence. However, now that the country appears to be sitting up and taking notice at our boys' efforts, it is entirely possible that some staff might get a little carried away whether we win or lose....
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Employment Law Updates
Holiday Pay and Voluntary Overtime
The Appeal Tribunal has ruled that voluntary overtime should be taken into account when calculating holiday pay. This follows a steady creep in this direction from previous cases looking at compulsory overtime.    The case in question (Flowers v East Of England Ambulance Trust) concerns a public body, and so...
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