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Sep
29
2011

Can you dismiss an employee for failing to carry out his job?
#Employment

Man City Footballer, Carlos Tevez, seemingly refused to play as a substitute in a match on 27 September 2011.  His boss, Roberto Mancini, reacted by saying: "If we want to improve as a team, Carlos can`t play with us. With me, he is finished."  Would Mancini have grounds to dismiss Tevez? Playing football for Man City will be the main obligation Tevez should fulfil under his contract o...

Sep
29
2011

Employee References - how honest should you be?
#Employment

Jackson v Liverpool City Council Mr Jackson left the Council`s employment in 2007 to take up a position in Sefton Borough Council`s adult services department. In 2008, Mr Jackson applied for a position in the child services department within Sefton Council. As this role was dependant on satisfactory references, Mr Jackson approached Ms Griffiths of Liverpool City Council. Owing to certain concerns that had arisen after Mr Jackson had left employment, specifically in connection with his recordkeeping, Ms Griffiths explained she was unable to confirm or deny whether she would employ Mr Jackson again. Her rationale for this indecisive response was because the allegations against Mr Jackson had not been investigated formally. Mr Jackson was unsuccessful in his application and he therefore decided to pursue a claim for damages in the County Court....

Sep
29
2011

1 October 2011 - new legislation reminder
#Employment

The Agency Workers Regulations 2010 come into force tomorrow. Further details of this legislation can be found in Buddy`s recent news article Agency Workers The Countdown Begins and Agency Workers Regulations AuditQuestionnaire for Agency, Information for Agency on 12 week entitlements and Agency Workers Day 1 entitlements checklist. Don`t forget that the 2011 National Minimum Wage (NMW) rates also come into effect tomorrow:...

Sep
29
2011

Extention of qualifying period for unfair dismissal claims is "not definate" according to the Government
#Employment

Despite its red tape review stating that the increase in the qualifying period of employment need to bring a claim of unfair dismissal in the Tribunal would be increased to 2 years, the Government has announced that the increased is not yet definite. The review paper stated "We are increasing the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two year...

Sep
28
2011

Government proposals to deregulate business
#Employment

The Government has published proposals to deregulate business....

Sep
27
2011

Victory for 18 year old sacked after claiming minimum wage
#Employment

It has been reported in the Metro that an 18 year old pot washer was dismissed days after informing her employer that they would have to increase her hourly rate from £4 to £4.92 after she turned 18. The employee brought and won a claim for age discrimination in the employment tribunal. Some employers mistakenly believe that they can treat young workers, particularly those just...

Sep
26
2011

Disabled employees: Reasonableness of adjustments
#Employment

Under the Equality Act 2010, where an employee is placed at a disadvantage by an employer`s policy, criterion or practice, the employer is under a duty to take reasonable steps to avoid the disadvantage....

Sep
22
2011

ECJ rules that airline pilots` paid annual leave must include flying supplements
#Employment

In the case of Williams and others v British Airways plc (Case C-155/10 ECJ), the ECJ has held that airline pilots’ paid annual leave must include supplementary flying payments.  The case was referred to the ECJ by the Supreme Court. In this case, the pilots’ holiday pay was made up of their basic salary but did not include flying supplements to which they were entitled as part...

Sep
22
2011

A BT telesales worker has been awarded a record £290,000 payout!
#Employment

A BT telesales worker earning £20,000 p.a., who left her job after several incidents of alleged bullying, has been awarded a record £290,000 payout from BT after her complaints of sex discrimination and unfair dismissal were upheld. This sum represents the highest Employment Tribunal payout in the past year and included damages for personal injury, loss of potential future earnings and injury to feelings. The Tribunal found that the line manager responsible for the harassment had displayed a bullying management style and had used "obscene, homophobic and racist language."...

Sep
21
2011

Age restriction on pilots contained in collective agreement is not compatible with EU law
#Employment

A recent ECJ case (Prigge and ors v Deutsche Lufthansa AG), on appeal from the German Federal Labour Court, has held that a compulsory retirement age of 60 for Lufthansa airline pilots (set out in a collective agreement) was unlawful. The ECJ concluded that this provision was a "disproportionate requirement" that went against International and German national measures whereby the mandatory retirement age for pilots is 65....

Sep
21
2011

Can you change the reasons for dismissal on appeal?
#Employment

This is the question posed by the recent EAT case of Perry v Imperial College Healthcare NHS Trust.  In this case the employee worked for two different NHS Trusts in different roles.  She fell ill and, due to mobility prioblems, was signed off sick by Imperial.  She was well enough to continue with her other job and did so.  Imperial found out, felt she had&nbs...

Sep
19
2011

Should those deemed unattractive be protected under anti discrimination legislation?
#Employment

It was reported in this week’s Grazia magazine that a new cause of action in employment law is taking off in the United States, “Personal Appearance Discrimination”. A number of US States and districts (for example the District of Columbia and Santa Cruz, California) now protect personal appearance in the same way they protect racism, and sexual harassment. The definition of pe...

Sep
15
2011

Specific Public Sector Equality Duties Now In Force
#Employment

The Equality Act 2010 (Specific Duties) Regulations 2011 came into force on 10 September 2011.  The Regulations set out the specific public sector equality duties that certain public bodies must comply with.  The aim of the specific duties is to help public bodies comply with the general duty to promote equality in the workplace which has been in force since 5 April 2011. The first spe...

Sep
15
2011

Agency Workers Regulations 2010 - Anti Avoidance
#Employment

As has been recently well publicised, the Agency Workers Regulations 2010 (due to come into force next month), will provide agency workers with the same rights as employees with respect to pay and benefits after a 12 week qualifying period (i.e. a 12 week period working in the same role).  Specifically, provisions with respect to: basic pay, overtime, individual performance related bonu...

Sep
14
2011

Career break is not a reasonable adjustment
#Employment

Employers have a duty to make reasonable adjustments to mitigate the impact a provision, criterion or practice has on a disabled employee....

Sep
12
2011

Working Time & Compensatory Rest
#Employment

Under the Working Time Regulations a worker is entitled to a daily rest break if their daily working time exceeds six hours....

Sep
08
2011

Unequal Pay?
#Employment

The Equal Pay Act (now the Equality Act) was introduced to ensure that  men and a women performing equal work would receive the same pay, unless the difference could be shown to be because of a material factor other than sex. However a recent case has shown that a successful claim may result in the woman receiving more pay than her comparator. A woman can pursue an equal pay claim wher...

Sep
08
2011

NMW & Sleep
#Employment

Two cases have been reported concerning staff sleeping on the job and their rights to receive the NMW for this time. In both cases, the EAT highlighted the danger of confusing ‘work` for minimum wage purposes with ‘working time` under the Working Time Regulations 1998, as the tribunal in both cases appears to have done....

Sep
08
2011

ACAS publish social networking gudiance
#Employment

ACAS have published social networking guidance. It gives some tips on managing performance, recruitment/disciplinary issues, grievances, bullying, defamation, data protection and privacy....

Sep
08
2011

An AWOL employee cannot ‘self dismiss`
#Employment

Often, when faced with an employee who has gone AWOL,employers will write to the last known address, stating that if the employeedoes not get in touch within a specified period, it will be considered that hehas resigned.  In the recent case of Zulhayir v JJ Food Services Ltd, the EAThas held that in such circumstances, it cannot be said that there has been a ‘self-dismissal’.The...

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