Shoesmith wins unfair dismissal appeal case claim
Sharon Shoesmith, the social services boss sacked in the wake of the Baby P scandal could receive more than £1 million in compensation after the Supreme Court rejected an appeal against her unfair dismissal claim. The Department for Education and Shoesmith’s former employer, Haringey Council, had challenged a landmark ruling made by the Court […]
Top of Acas list of things to do: deal with unfair dismissal
While pay remains the single biggest cause of large-scale industrial disputes, unfair dismissal is the most common reason for individuals to use its conciliation services, says arbitration service Acas. Although the number of large, collective disputes rose by 15% last year to 1,054, a huge 91% were either resolved or saw both parties move […]
Constructive dismissal: The usual rules apply to football clubs
There is often a perception that football clubs don’t need to concern themselves with employment law. “Well, football is football isn’t it? Things are different aren’t they?” Falkirk Football Club recently learnt that the answer to that was, definitely not. Richard Santy, employment partner at Shoosmiths and head of its Sports Group, explains why football clubs […]
Categories of working persons – and their rights
With many different categories of working person, each with their own characteristics, it is often difficult to tell who falls into what category. Although it is not always easy to be sure, a person’s entitlement to claim unfair dismissal, the minimum wage or statutory sick pay can often depend on correctly identifying which category a […]
The ‘Cadbury law’ and what it means for HR in takeovers
For those taken aback by the behaviours seen in the Kraft takeover of Cadbury, the current draft of the amendments to the Takeover Code suggests that some of the lessons have been learned. Clearly the introduction of these amendments won’t prevent takeovers – hostile or otherwise – and possible job losses in the acquired company, […]
Consultation on modern workplaces
The “Consultation on Modern Workplaces” launched by the Government in May 2011 proposes radical changes for 2015 to maternity and parental leave, which could create a huge administrative burden on employers, and shifts the focus of diversity measures away from women, toward equal treatment for both parents, plus additional paid leave. Employers don’t need to […]
HR’s Olympic victory
It's exactly one year to the start of the London 2012 Olympic Games. Employers should not underestimate the impact the Games will have on their business but those who plan well will earn some easy employee relations points and save management time otherwise spent in disciplinary meetings or even at the employment tribunal! Start planning Early […]
Caroline Waters: The Equality Act and HR
As the Red Tape Challenge website focuses on equality, Caroline Waters, BT’s director of people and policies, talks about the impact the Equality Act has had on business. I have worked in this space for many years now and have seen many changes for the better. There is no doubt that we have come a […]
Ask the expert: Restrictive covenants
This week the experts, Adam Partington and Esther Smith advise on whether a company can cancel any unpaid salary or bonus if a restrictive covenant is breached. The question: Restrictive covenants Does anyone know if a company can state that they will cancel any unpaid salary or bonus if a restrictive covenant is […]
UK fraud rising to record levels
UK fraud figures hit a record £1.1 billion in the first six months of this year, with managers and staff being responsible for a quarter of it, according to KPMG. The amount of fraudulent activity committed rose 59% over the same period last year, the management consultancy’s Fraud Barometer revealed. Although government agencies have traditionally […]
Rail union considering legal action over lost contract
A leading rail union is considering whether to take legal action over the decision not to award Bombardier the Thameslink contract in a bid to save 1,400 jobs at the train manufacturer. The Rail, Maritime and Transport union said it was taking legal advice over a potential challenge on the grounds that the tendering process […]
The only way is TUPE for Southern Cross employees
Southern Cross Healthcare has pledged that all 44,000 of its employees are to be transferred to new care home operators under their existing terms and conditions after confirming that the group is to be broken up. The organisation’s biggest landlords, including Four Seasons, NHP and London & Regional, have been in crisis talks with Southern […]
How to improve compliance in organisations
When people don’t comply with legal requirements organisations can face penalties and fines running into the thousands. To take just a few recent examples: In November last year a Greater London pizza manufacturer was fined £15,000 after failing to respond to warnings about an unsafe doorway. Also in November Hertfordshire County Council accidentally faxed […]
First Default Retirement Age test launched
In what may prove a test case on new laws abolishing the default retirement age, a principal at a Scottish university has started tribunal proceedings after rejecting claims made by his employer that he had retired. Abertay University reportedly circulated an email to staff in error a couple of weeks ago ahead of an official […]
Ask the expert: Employee sent to prison. What do we do?
This time the experts, Esther Smith and Martin Brewer give their advice on what to do when an employee goes to prison… The question: Employee sent to prison. What do we do? We have an employee who has just been sent to prison for four to six years. The MD spoke to him beforehand and […]
MP exposed as hypocrite over unpaid intern
An MP who campaigned for the introduction of a national ‘living wage’ has been accused of “hypocrisy” after replacing a salaried staff member with an unpaid intern. Lyn Brown, Labour MP for West Ham has posted an advert for a “voluntary Westminster worker” whose duties include policy work and dealing with constituents on her official […]
Ask the expert: Am I really redundant?
This week the experts, Adam Partington and Esther Smith advise on whether this HR practitioner is being made redundant fairly. The question: Am I really redundant? I have worked for my current employer for 19 years as their HR/Payroll & Benefits Manager. Four weeks ago I was called into a meeting with the […]
Ask the expert: Employee with two jobs
This time the experts, Esther Smith and Martin Brewer give their advice on an employee working two jobs. The question: Working time directive and two jobs If one of my employees has requested to work in secondary employment, if they are likely to exceed working 48 hours per week over both jobs, are they required […]
Case in point: The importance of pay in lieu of notice clauses
The recent case of Societe General v Geys [2011] EWCA Civ 307 has highlighted the need for companies to check the existence of ‘pay in lieu of notice clauses’ (‘PILON’) in employment contracts and the effects they have on both the employer and employee on termination of a contract – the effects can be substantial. […]
Wal-Mart sex discrimination women vow to fight on
The women involved in the biggest sex discrimination case in history have said they will use alternative routes to continue their fight against Wal-Mart Stores after the US Supreme Court blocked their claim. The country’s highest court overturned an earlier ruling that would have allowed as many as 1.6 million female Wal-Mart employees to sue […]