ACAS say that around 1000 people have contacted ACAS about Early Conciliation every week since its launch on 6 April and that 100 employers have also got in contacts to try ACAS Early Conciliation. ACAS Chairperson, Sir Brendan Barber, said, "Early Conciliation has got off to a very good start and has given us the chance to help more people resolve their disputes early as well as save taxpayers...
You have probably heard already that from 6 May 2014, conciliation via ACAS becomes mandatory for claimants wishing to bring employment tribunal claims. If so, you may have heard of the new rules being referred to as "mandatory conciliation" or "early mandatory conciliation". As an employer, you may be wondering how a conciliation process can be mandatory. Mandatory for whom you may ask and also, what happens if you do not like what is being proposed in the conciliation process?...
Zero hours contracts have always been a hot topic and not necessarily for the right reasons. Whilst they offer a flexible approach for employers as there is no obligation to provide work; individuals who are engaged under these contracts have little protection and fewer employment rights than employees. Those who oppose these contracts believe that they provide little stability and security to...
Thank you to everyone who completed the last Buddy Quiz, posted throughout April. We have posted the answers to the questions below so you can check how you did. 1. It is becoming increasingly easier for employees to secretly record disciplinary, appeal and grievance meetings, but, when are these recordings allowed as evidence before an employment tribunal? Secret recordings are never allowed...
The University of Wales Trinity Saint David (UWTSD) recently announced that it had conceded claims for sex discrimination and equal pay for a group of its male caretakers and maintenance staff. UWTSD merged with Swansea Metropolitan University in August 2013 to become the men`s employer and in so doing also became liable for the consequences of contractual changes implemented by Swansea in 2007...
In the case of Ashworth & Ors v The Royal National Theatre, the High Court dismissed an application which would force the Theatre to re-engage musicians who were replaced with pre-recorded music for the production War Horse. The court concluded that to do so would interfere with the Theatre`s "artistic freedom". Originally the Theatre used live music during its productions of War Horse. Howe...
If an employee "blows the whistle", any subsequent disciplinary action taken can result in a detriment claim or an automatically unfair dismissal claim (if the employee is dismissed). There is no upper limit on the amount of compensation that can be awarded in these cases. This can present difficulties for employers when managing an employee who raises multiple grievances and/or raises a grieva...
The EAT in Allen v Morrisons Facilities Services Ltd has confirmed that the obligations to inform and consult employee representatives under Reg 13(2) of Tupe are vertical obligations between an employer (whether Transferee or Transferor) and its own employees. As such, any claims for failure to provide the required information must also be brought vertically by employees against their respective...
Zero hours contracts allow employers to hire staff with no guarantee of work. Under such contracts, workers only work as and when they are needed by employers, often at short notice, and are only paid for the hours that they work. On 19 December 2013, BIS launched its consultation on zero hours contracts, which sought evidence on the use of such contracts and views on possible options. The co...
The case of IBM UK Holdings Ltd v Dalgleish shows that when it comes to making fundamental changes to employees` benefits and terms and conditions, the employer`s ethical standards and principles in dealing with its workforce can be relevant when considering whether the changes were lawfully made. IBM altered its pension arrangements to address a large deficit in the scheme. The changes...
In the recent case of Crime Reduction Initiatives (CRI) v Lawrence, the EAT held that a procedural error did not undermine an employer`s justification defence to a disability discrimination claim. However, it did make the dismissal unfair. Mrs Lawrence worked for CRI and, whilst on long-term sick leave, was assessed by Occupational Health as suffering from post-natal depression. This was consid...
In a landmark case brought by the RMT union against the UK in the European Court of Human Rights, the Court has ruled that the UK`s laws banning secondary industrial action do not violate the right to freedom of association under the European Convention on Human Rights. RMT v UK. The judgment is not final as the decision could be referred to the Court`s Grand Chamber....
The national minimum wage (NMW) is a set minimum hourly rate of pay to which most workers are entitled. All employers are obliged to pay NMW, irrespective of their size. Despite being in place since 1999, it is hard to believe that some employers still do not pay NMW. Interestingly, HMRC has revealed the 10 worst excuses given by employers, which include: "I don`t think my workers know an...
In a landmark case brought by the RMT union against the UK in the European Court of Human Rights, the Court has ruled that the UK`s laws banning secondary industrial action do not violate the right to freedom of association under the European Convention on Human Rights. RMT v UK. The judgment is not final as the decision could be referred to the Court`s Grand Chamber. The case arose after the R...
A number of key changes come into effect on 6 April 2014. They are: Power of employment tribunals to impose penalties on employers - In cases presented on or after 6 April 2014, the tribunal will have the power to impose financial penalties on employers who lose at tribunal. The fine will be between £500 - £5,000 and will be imposed where the employer has...
In our recent employmentbuddy survey, we asked employers how they calculate holiday pay. First, we asked whether when paying their staff, they pay additional sums to basic pay, in particular overtime, commission and other payments and enhancements such as shift allowance. Then we asked whether those sums are included in the calculation of holiday pay. It has long been understood that where emplo...
Thank you to everyone who completed the last Buddy Quiz, posted throughout March. We have posted the answers to the questions below so you can check how you did! 1. The rules that apply to ACAS early conciliation procedures will come into force on 6 April 2014. However, when will early conciliation become mandatory? 6 April 2014 6 May 2014 6 June 2014 2. Under the new TUPE changes, where...
Since 1995, employers have been able to reclaim statutory sick pay (SSP) from HMRC, provided he total SSP paid in a month exceeds 13% of their Class 1 National Insurance Contributions for that month. The government has now pushed through Parliament a draft order to abolish the recovery of SSP. This measure, announced in January 2013, is expected to take effect on 6 April 2014. According to the...
When does the enhancement of statutory redundancy pay become a custom and practice conferring a contractual right on employees to enhanced redundancy pay? An example of a consistent practice of an employer calculating redundancy payments without the statutory caps is found in the recent case of Peacock Stores v Peregrine, where the employer was found to be bound by an implied contractual right....
The Chancellor announced in his budget yesterday that the Government will be clamping down on the use of intermediary companies being used to disguise employment as self-employment. The biggest sector affected will be construction. However, it seems that HMRC is also concerned about other sectors such as driving, catering and security in using intermediary companies as a payroll mechanism design...