Company convicted for corporate manslaughter
Cotswold Geotechnical Holdings, the first company to be convicted for corporate manslaughter in the UK, has been fined £385,000 – a penalty that risks putting it out of business. The move follows the death of junior geologist 27-year old Alexander Wright from Cheltenham in September 2008. He was investigating soil conditions in a deep trench […]
Microsoft sets out to stop employee moving to rival
Microsoft is seeking an injunction to prevent the former head of its Dynamics CRM team from working at rival Salesforce.com after he allegedly removed hundreds of sensitive documents on his personal laptop before leaving. The company claims in a legal motion filed with the Washington Superior Court that former Dynamics CRM general manager Matt Miszewski […]
Ask the expert: Disability discrimination questions
This time the experts, Esther Smith and Adam Partington advise on asking questions regarding health on an application form. The question: Disability discrimination questions… Would we be in contravention of the DDA by asking applicants the following question on an application form? "Do you consider yourself to have a disability?Yes/No Please state the type of […]
Forcing retirement after the DRA? A high hurdle…
The recent announcement by the Government that the default retirement age (DRA) will, as expected, be abolished with effect from 1 October has been welcomed by age campaigners. It does not, however, necessarily spell the end of forced retirement and employers groups, including the CBI, have pointed out. The proposed abolition of the DRA in […]
John Lewis ‘bottom slapping’ case thrown out
A male John Lewis shop assistant has had his sexual discrimination claim thrown out after an employment tribunal ruled that there was no “culture of bullying” at the retailer’s flagship Oxford Street store. Konstantinos Kalomoiris sued John Lewis following claims that management did not take his complaints of sexual harassment by a female colleague seriously. […]
Man in sexual harrassment claim against John Lewis
A male worker is suing John Lewis for sexual discrimination over claims that management did not take his complaints of sexual harassment by a female colleague seriously. Konstantinos Kalomoiris attested that 68-year old Bianca Revrenna slapped his bottom on three separate occasions even after he had asked her not to and that he made a […]
Work visa crack down proposed
Immigration minister Damian Green is proposing to crack down on work visas for non-EU students after they leave education in order to create a “fair playing field” for UK graduates trying to enter the jobs market. In a speech to the think tank Reform, Green claimed that change was necessary to stop people from using […]
Pre-employment health questions – an FAQ
Last October the Government brought into force most provisions of the Equality Act 2010 (EqA). One of the more controversial aspects of this new law is turning out to be the prohibition on pre-employment health questions. The law is potentially a minefield and the Act itself is less than helpful, not even specifying what amounts […]
Paternity leave – can the government achieve family utopia?
Can the Government really achieve Utopia? Can there ever be a work life/balance for both men and women. That is what the Government hopes to achieve with expanding on the new Additional Paternity Leave provision. The current lawEligible employees as of 6 April 2003 are entitled to take either one whole week or two consecutive […]
Bribery act hesitation could lead to export blacklist for UK
UK companies face ending up on an international export blacklist as a result of coalition government moves to water down the Bribery Act, an international anti-corruption watchdog has warned. Mark Pieth, chairman of the Organisation for Economic Co-operation and Development’s (OECD) 36-member anti-bribery group, issued the warning after Ken Clarke, the justice secretary, said yesterday […]
Businesses to be fined when losing employment tribunal
Business groups have reacted with shock to coalition government proposals to fine employers up to £5,000 if they lose an employment tribunal case. The plans, which are buried in a government consultation paper that is intended to shake up the tribunal system, would result in employers having to pay the Exchequer half the amount of […]
Ask the expert: a TUPE puzzle
The experts, Adam Partington and Esther Smith advise on a TUPE puzzle… The question: TUPE puzzle A well known bank recently closed down the Independent Agency Network – staff are employed by an Independent Agent who has a contract with the Bank to run local agencies for them. It was decided by the bank […]
Nine million will not receive a full state pension
Her Majesty’s Revenue & Customs has denied trying to shift the blame to employers for a National Insurance blunder that could mean millions of people are not entitled to a full state pension. The entitlement problem came to light after an All Party Parliamentary Taxation Group found that about 9.3 million NI payments made […]
Gray to sue over sexism sacking
Former Sky Sports presenter Andy Gray is set to sue the broadcaster for £3 million in an unfair dismissal lawsuit after losing his job following a sexism row with fellow presenter Richard Keys. The football pundit was sacked on Tuesday after leaked videos showed him making sexist comments and actions. But he has now […]
Paternity leave: A practical guide
The Government has confirmed that the rules concerning “shared” maternity leave will come into force, supplementing a father’s existing right to two weeks paternity leave. The two separate rights are “Paternity Leave” and “Additional Paternity Leave”. Paternity Leave: the entitlement In order to qualify for up to two weeks’ paternity leave, the following must apply: […]
Ask the expert: AWOL or Sickness?
This time the experts, Esther Smith and Martin Brewer give their advice on dealing with an employee who appears to be AWOL… The question: AWOL or Sickness? A member of staff has been off sick since beginning of October. The last contact was via a "family friend" in mid November which was followed up with […]
Legal lowdown: Age discrimination at the BBC
Miriam O'Reilly’s successful age discrimination case against the BBC last week sets a benchmark for age discrimination cases going forward, says employment lawyer Emma Bartlett. The BBC’s public apology and acceptance of the Employment Tribunal’s decision and desire to take Ms O’Reilly back is somewhat exceptional. Taking her back could mitigate the BBC’s potential liability […]
Parental leave shake-up “ignores needs of business”
Coalition government proposals to overhaul the current parental leave system have been slammed by employers’ groups as an example of "rushed thinking" that "fundamentally ignores" the needs of business. Speaking yesterday at the launch of a report on parenting by thinktank Demos, Deputy Prime Minister Nick Clegg confirmed that measures formulated by the […]
Ask the expert: Question regarding redundancy
The experts, Adam Partington and Esther Smith advise on what a vauge redundancy conversation means for an employee. The question: Question regarding redundancy I was in a meeting with my manager last week to discuss topic a. During the meeting my manager raised the issue of redundancy and suggested a possible leave date of […]
Video: How will the default retirement age abolition affect you?
With the news that the coalition intends to go ahead with the abolition of the DRA, it's imperative to know how it will affect your business. Employment lawyer at Pinsent Masons, Sarah Banatvala, explains what approach businesses should take once the law is removed.
