We are often asked to advise on matters where parties claim that they had agreed something either over the telephone or in person but there is no written record of that agreement. In the recent case of Pebble v Costa, the Court of Appeal stated that where there is no evidence of an agreement in writing, it was open to a judge to decide what had been agreed based only on what appeared likely in the circumstances and how the witnesses appeared in court....
The BBC has asked Christine Bleakley, current girlfriend of footballer Frank Lampard, not to return to her role presenting The One Show when it returns to TV screens next week. Despite asking her not to return to work, the BBC has reportedly refused to end her contract early, effectively placing her on garden leave until her contract expires, believed to be September this year....
Since Friday June 11th, the World Cup has been a potential cause for concern for employers. Fans have travelled to the other side of the world to support their home countries and plans are set in place for the games to be watched over a whole month....
On 20 May 2010, the new Coalition Government published its Coalition Agreement, setting out key policy plans. The plans are stated as being based on central principles of "freedom, fairness and responsibility" and cover a breadth of issues from banking to immigration....
In 2009, a new ACAS code was published encouraging the use of mediation for workplace conflict. On top of this, the Ministry of Justice has recently published a long report by a very experienced Appeal Court Judge because of real concerns over the high cost of litigation and access to justice through the courts....
The Employment Tribunal Annual Statistics for 2009/10 have now been published. Key figures are as follows:...
Accidents at work are likely to be investigated by the enforcing authorities, often the Health and Safety Executive (HSE). The HSE have wide powers and can enter premises at any reasonable time, remove equipment, take photographs, require people to answer questions, copy documents etc....
The government has announced that the implementation of the Equality Act will start (as planned by the previous Labour Government) on 1 October 2010. Implementation will be in stages and further information as to which provisions will come into force when, is expected in the next week or so....
In Charlton v Orange PCS Ltd ET/2513166/09 the Tribunal has held (in a majority verdict) that a manager who allegedly attempted to touch a male colleague`s genitals at a work related social event, was fairly dismissed for gross misconduct. This was despite him having worked for the employer for 9 years and having an unblemished disciplinary record until that point in time....
Public sector organisations are more susceptible to public scrutiny and need to account for significant decisions made or catastrophes that arise. A high profile case surrounding the outbreak of a superbug in hospitals was recently heard in the Court of Appeal....
Parties in employment tribunal cases usually pay their own costs regardless of whether they are successful or not, unlike civil courts. Although costs can be ordered in the tribunal, they have traditionally been relatively rare....
The employee in the case of Adegbuji v Meteor Parking Ltd failed in his appeal against the tribunal`s decision to dismiss his claim on the basis of fresh evidence. The employee in this case had brought a number of claims including unfair dismissal, breach of contract and race discrimination. The employer challenged whether the tribunal had jurisdiction to hear some of the claims as the employee had not raised a grievance in respect of his claims....
There has been a lot of publicity in the press lately about employers being found guilty of breaching health & safety standards and being fined colossal amounts - enough to bring some companies into liquidation....
Advice passing from solicitor to client regarding the proceedings of a case is generally protected under litigation privilege and/or legal privilege and therefore does not have to be disclosed. However is the same protection afforded, if advice has been sought from a non-legal professional?...
According to the HSE`s annual data, the number of people killed at work in the UK last year declined to a record low of 151 workers between 1 April 2009 and 31 March 2010. This is down on the number of deaths in the previous year of 178. Of these deaths, 23 were in Scotland, 26 fewer than in 2008-09. Whilst these figures are encouraging, the HSE has stated that the reductions may have been a result of the smaller number of people in employment during the recession....
Can a resignation be effective from the date when a conditional letter of resignation is handed in?...
The public is being invited by the government to nominate laws they want to abolish by proposing ways to get rid of pointless regulation and red tape on the Your Freedom website. Another exercise on the site asks public sector workers where the cuts should come....
When you were younger, was your mum always telling you to sit up straight? Well it turns out her advice may have been wrong. Research carried out at Woodend Hospital in Aberdeen has utilised MRI technology to show that sitting upright in your chair is actually bad for office workers as it places an unnecessary strain on your back....
The Home Secretary, Theresa May, today gave details of the Conservative Party`s manifesto pledge to cap non-EU immigration. A temporary cap will be implemented straight away pending the introduction of the main cap in April 2011....
Thirteen room attendants working at a five-star London hotel , operated by Park Plaza Hotels, have won back pay and compensation after following an investigation undertaken by the BBC programme Newsnight, it emerged they were being paid below minimum wage....