HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals and Employment Appeal Tribunal will be Monday 29 July 2013.Subject to the necessary Parliamentary approvals, from this date all claims and appeals will be subject either to a fee or an application for fee remission. However, claims already lodged will not be subject to any fees....
The ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) sets out guidance to be followed in ‘disciplinary situations` and expressly states that this includes dismissals for misconduct and poor performance. A failure to follow the Code can result in a Tribunal making either an uplift or reduction in any award (depending on who is at fault) of up to 25%. Whilst clearly s...
The Supreme Court has overturned the decisions of the EAT and Court of Appeal and held that a Methodist minister was not an employee and so could not bring an unfair dismissal claim. In the case of Methodist Conference v Preston the claimant was a superintendent minister to a group of congregations in Cornwall. She was entitled to accommodation, holiday and sick pay, a pension and a stipend (a...
The BBC has reported that a survey carried out by the charity Public Concern at Work has found that 60% of whistle-blowers who voice fears about their workplace receive no response at all from their managers. The survey also found that of 1,000 whistle-blowers questioned, 19% were disciplined or demoted after voicing their concerns and 15% were dismissed. The results of the survey come ahead of...
With UK immigration policy being a constant political hot potato and changes being made to the immigration rules seemingly continuously, employers may have a hard time keeping up to date. As a minimum, though, all employers should be carrying out right to work checks on their staff to avoid breaching the immigration rules. Why do the checks? Under the Immigration, Asylum and Nationality Act 200...
In her speech on the 8 May 2013 at the state opening of Parliament, the Queen announced the Home Office are to introduce more new tougher laws to tackle immigration. The announcement follows the recent major overhaul of the Immigration Rules. The Queen said an Immigration Bill will aim to "ensure that this country attracts people who will contribute and deter those who will not". There are a...
Where there is a ‘relevant transfer` within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), there is an obligation on both the old and new employer to inform and consult with representatives of the employees who may be affected by the transfer (or measures taken in connection with it). In Unison v Somerset County Council [2010] ICR 498, the EAT...
The EAT has held that the Equality Act 2010 protects individuals against post-employment victimisation. This is a change from its previous decision in Rowstock Ltd and another v Jessemey...
Regulations have been published on tribunal fees. Fee levels are unchanged following consultation, ie a £250 issue fee, and a £950 hearing fee, for most types of claim (including unfair dismissal, discrimination and whistleblowing). Unlawful deductions and statutory redundancy payments carry a lower fee (£160 issue; £230 hearing). The BIS has confirmed that the changes to the whistleblowing laws...
This April we carried out a survey in association with GB Management Coaching Ltd. Gail Brown, the Managing Director and one of our Forbury HR Consultants, specialises in helping HR professionals fast track their career and reports on the findings of the survey....
FTSE 350 companies risk a backlash from one of the country`s biggest pension fund investors if executive pay is not curbed. The Local Authority Pension Fund Forum, which represents pension funds with more than £115bn in assets, has published guidelines on its expectations for executive pay, arriving at the following conclusion More pay does not necessarily equal better performance. The significa...
Acas has published 6 step by step guides aimed at small businesses, line managers and supervisors for use when dealing with common business situations and potential problem areas at work. Breaking these areas down into checklists and reminders of things to consider, practical examples, and potential legal issues to be aware of, the guides cover: Recruiting an employee Settling in a new employ...
According to recent reports 23% of large British firms (i.e. those with more than 100 staff) now engage individuals on so-called "zero hours" contracts. This is in contrast to 11% in 2004....
We know that employees who blow the whistle while employedare protected if they are then subjected to a detriment by theiremployer. We also know that the same applies to employees who did thisbefore the whisleblowing legislation came into force. But what if an ex-employeewhistleblows, would this be regarded as a ‘protected disclosure` allowing theemployee to claim a remedy under the Employment Ri...
Miller and ors v Interserve Industrial Services Ltd was a recent case in the Employment Appeal Tribunal concerning alleged blacklisting of union members. Interserve Industrial Services Ltd (IIS) provides workers for the oil industry and the 3 claimants were members of Unite the Union who had a history of acting as shop stewards. IIS and the trade union had a collective agreement that they would,...
I am a trade union workplace representative and postgraduate law student and with a particular interest in employment law. This week I am on work experience with Clarkslegal in the Cardiff office and have been asked to share what it is like and what challenges I have faced working with the union. I have been a union workplace representative for nearly 3 years and counting. Before I was appointed...
On 6th April 2013, with the changes to the rules on collective redundancy, ACAS has published a code of practice. When proposing to make redundant 100 or more employees at one establishment within 90 days, an employer must start consultation and notify the Secretary of State at least 45 days before he intends to dismiss the first employee. This figure has been reduced from 90 days. This period r...
The 6 April 2013 is the first day of the new financial year and also the date the following changes in employment law come into effect....
When is it fair for an employer to dismiss on grounds of gross misconduct for posting comments on social media sites such as Facebook? Looking at recent cases, a recurring problem for employers and employment tribunals is deciding where the boundary lies between gross misconduct and misconduct. The difference between the two is crucial to whether a dismissal will stand up to the scrutiny of an unfair dismissal claim. Given the nature of transgressions made by employees on social media sites, which are often blatant and offensive and easily attributable to the employee, establishing misconduct should be straight forward. These are cases where a warning including a final written warning would be the appropriate sanction under the employer`s disciplinary policy....
In Malekout v Ahmed & others (t/a The Medical Centre) UKEAT/0556/12 the Employment Appeal Tribunal has upheld the decision that a redundancy situation existed when an employee was dismissed following recruitment of a better performing replacement....