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Employment Tribunal
Do pension contributions count as wages for the purpose of unlawful deductions
Our thanks go to Daniel Barnett’s Employment Law Bulletin for drawing our attention to this case Mr Chambers worked as a full time employee for Somerset County Council until 2003 when he retired. He then started work as a part time locum with the Council at a lower rate of pay than equivalent full time [...]
HR Questions & Answers
Proof of drunkenness How can we prove that an employee is drunk? We have no medical staff on site. Reply You do not need absolute proof, merely a reasonable belief. Ideally have a colleague join you as you speak to the employee. Make a written note of his replies, his general behaviour and the evidence [...]
Employment Law Changes 2013/14
April 2013 Legal aid is withdrawn for many employment claims by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The current 90-day minimum consultation period for large scale redundancies (over 100 employees) is reduced to 45 days – see Payroll Help 02 January 2013 Summer 2013 Employment Tribunal penalties introduced at the same [...]
The Learn Centre Annual Conference 2013
The Learn Centre Conference was advertised as the must-attend payroll event for 2013 and, indeed, it certainly lived up to this ambitious promise. In two and a half days, we managed to cover every ‘hot topic’ that will impact the payroll and HR professions in the next year, including: RTI ‘the basics’, RTI ‘the update’ [...]
The Learn Centre’s Annual Conference
March 05 – 07 2013 marks The Learn Centre’s 19th Annual HR, Payroll & Managing People Conference, taking place at the Menzies Welcombe Hotel in Stratford-upon-Avon. We have over 30 different payroll and HR modules scheduled this year with vastly-experienced guest speakers to guide you through the many changes that we can look forward to [...]
Religious Discrimination – The European Court of Human Rights
All employers have a duty under the various Articles of the European Convention on Human Rights (ECHR), designed to protect the basic rights and freedoms of employees. For example, Article 2 gives protection to every person to their life, Article 8 provides for the right to privacy in his private, home and family life and [...]
Case Law Corner – Unlawful Deductions
Employers need to be aware that they can only deduct monies from an employee in one of three circumstances: If they are Statutory deductions – i.e. there is a piece of legislation that says that a deduction can be made from the worker If they are Contractual deductions – i.e. the worker’s contract allows for [...]
Employment Tribunal Fees
Business Secretary, Vince Cable, spoke of wide-ranging employment law reforms in November 2011. Part of these was the introduction of fees at Employment (ET) and Employment Appeal Tribunal (EAT). This was also discussed as part of a previous consultation, Resolving Workplace Disputes. The fee-charging regime is designed to minimise the cost of the ET and [...]
Sickness and Reasonable Adjustments
Mr Olenloa went sick with an ‘adjustment disorder’ in September 2010 and started a grievance process through the Employment Tribunal (ET) system in October 2010. This ET claim was the same as a grievance that he had raised with North West London Hospitals, in that they had failed to make reasonable adjustments to cater for [...]
Sickness, Reasonable Adjustments and Continuing Employment
This follows nicely from the Olenloa v North West London Hospitals NHS Trust case of reasonable adjustments and introduces the topic of dismissal. Mr Conway was disabled, suffering from depression and anxiety. He commenced employment at Community Options Limited as a support worker on 24 September 2007. He was signed unfit for work on 15 [...]
Sickness and Carry Forward Holiday Entitlement
This item follows on nicely from Stringer and the recent CJEU ruling. Stringer established the principle that leave could be carried forward from one leave year to the next in the situation where the employee simply could not take the holiday as a result of sickness. This is in recognition of the fact that there [...]
Dealing with Defeat
Have you ever lost a case in the Employment Tribunal? Are you frightened that you may lose? If so, don’t be. Keep in mind this mantra – managers never lose. Being human they make mistakes, but they learn from them. Employees don’t mind managers who make mistakes because it makes them human, but they still [...]
Making your Case
Do you like an argument? Maybe you do, maybe you don’t. But almost certainly from time to time you will have to argue a case because you want something or because you have to justify an action. In an appeal hearing at work you may have to explain why you dismissed an employee and, if [...]
Handling Grievances
Mighty oaks from little acorns grow. Indeed major conflicts can grow quickly from small grievances, and nowhere is this more apparent than in the workplace. The law provides a process for managing grievances, but this is quite mechanistic and in any case requires that the issue first be explored less formally so that the grievance [...]
Dismissal Process ‘Call for Evidence’
During its term in office, The Coalition Government is already conducting a review of employment laws and regulations that may prevent an employer taking on new employees. This was detailed in our news item on 26 November 2011 as a result of Business Secretary Vince Cable’s speech to the Engineering Employers’ Federation on 23 November [...]
Employment Law Reforms
In a speech to the Engineering Employers’ Federation on 23 November, Business Secretary Vince Cable spoke of several employment law reforms which will impact the payroll department. We do not intend to cover these in any depth; however, it is worthwhile pointing these out, particularly as some may impact the payroll function: The Government plans [...]
