Ask the expert: Disciplinary while off sick

How can we sort out disciplinary while the employee is off sick? John Brandon and Esther Smith advise.    The question: I have an employee under an existing disciplinary sanction, who now has another ‘issue’ over capability and have asked them to attend another disciplinary meeting. They have responded by getting themselves signed off sick […]

BA strike fears continue

Unite union leaders have been urged to call almost three weeks of strikes at British Airways as they prepare to meet cabin crew representatives today to discuss next moves.   The recommendations were made by some union officials to their leadership after Unite members voted overwhelmingly – 81%, on a turnout of 71% – on Friday […]

Lawyer takes firm to tribunal after redundancy during sick leave

A former partner at PricewaterhouseCoopers has taken the firm to an employment tribunal over claims of disability discrimination after he was made redundant while on sick leave caused by workplace stress.  Colin Tenner was a former equity partner, who specialised in public sector consultancy for the Belfast branch of the company. He attested to the […]

Ask the expert: Should redundancy payment include bonus?

Martin Brewer and Esther Smith advise on whether redundancy pay should include a ‘set bonus’ and ‘travel allowance’. The question: Should redundancy payment include bonus? My friend works for a building company and has just been made redundant. He has been offered redundancy pay based on his basic weekly wage. For the past three years […]

Woman who didn’t complain loses discrimination case

A female City executive has lost her sexual discrimination case because she failed to complain about her boss’s behaviour at the time and was not considered a ‘persuasive’ witness.  Yesterday Jordan Wimmer lost her claim for £4 million in compensation for sex discrimination and unfair dismissal against her former boss Mark Lowe, the owner of […]

Compare the policies: employment law implications

With the General Election taking place, Lisa Mayhew, employment partner at law firm Jones Day, examines the implications of each of the main parties’ policies on employment law.  Having already introduced significant changes to employment law since 1997, the Labour Party has unsurprisingly put forward the fewest proposals. Recognising the pace of recent legislative change, […]

Pregnant partner sacking ruled fair due to papertrail

A Liverpool-based law firm accused of sacking one of its partners because she was pregnant has been cleared of sexual discrimination.   An employment tribunal dismissed all of the allegations against DLA Piper, even though it was described as an ‘old boy’s club’ by Sarah Sweeney. The 36 year-old former real estate partner at the company […]

McFarlane vs Relate: Employees must obey policy

The McFarlane versus Relate case has made it clear that employers are entitled to require staff to conform to equality and diversity policies in relation to both colleagues and those to whom they provide services, no matter what their religious beliefs.  The indirect discrimination case in question involved Gary McFarlane, who was dismissed by relationship […]

Equality ruling costs Birmingham Council £200 million

More than 4,000 female council workers have won the right to be paid the same as male colleagues in a test case that could lead to pay-outs of £200 million.  Following a seven week hearing, a Birmingham Employment Tribunal found in favour of the women, employed by Birmingham City Council in 49 different roles ranging […]

Ask the expert: Occupational health and stress

Matthew Whelan and Esther Smith advise on the role of OH in a ‘company caused’ stress case. Occupational health and stress Employee off work for six months with stress (consequence of work/bad management), attending MIND and Addiction Counselling treatment. How could Occ Health (with RGNs) offer help? They are not trained in mental health issues. […]

Layla Bunni’s On the Case: Drug testing at work

Layla investigates real life cases and brings the conclusions to HRzone, shedding light on important employment law issues. This month: if you force an employee to undergo a blood test for alcohol and dismiss them, can they appeal on grounds of data protection and human rights?  The case:A manufacturing company employs a number of field […]

Positive discrimination gets thumbs down

A survey of 545 senior UK business figures has revealed overwhelming opposition to legislative intervention to encourage under-represented minorities in UK companies.   More than four fifths (81%) of respondents to DLA Piper’s General Election Survey 2010, interviewed online by YouGovStone, said that they opposed ‘positive action’ to give priority to candidates for employment or […]

73% of HR think there’s too much employment law

Over seven in ten HR professionals in the UK (73%) believe that employment is excessively regulated, according to a new research study by national law firm Dickinson Dees.   The HR Legal Tracker 2010 also reveals that over half of respondents (55%) believe that simplifying employment law must be top of the agenda for the […]

Ask the expert: Rest day after night shift

Martin Brewer and Esther Smith advise on whether an extra rest day is required for a 20 hour employee after a night shift. Rest day after night shift A member of staff moved from a 30 hour contract to a 16 hour contract to allow him to study for a course which he doesn’t need […]

Employment law update: Paternity and pensions

April 2010 is upon us and it brings changes to current legislation. Some of these important changes are outlined below. Regulations on Blacklisting The Employment Relations Act 1999 (Blacklists) Regulations 2010 have been laid before Parliament, and subject to Parliamentary approval, are due to come into force sometime between February and April 2010. The regulations […]

Ask the expert: Is this harassment?

Is this employee being sexually harassed?  Matthew Whelan and Esther Smith advise.    The question: Is this harassment? I have an issue with one of the junior managers within my branch. Although he is not my direct line manager I have to report to him for technical decision making – I am effectively one of […]

Law essentials: Equality bill

The Equality bill changes you need to be aware of, from law firm Beachcroft LLP. Update: see the changes which came into effect on 1 October here View our article on the parts which didn’t make the cut here Harmonisation and extension of discrimination law: The prohibition in directly or indirectly discriminating “because of a […]

Equality bill gets washed up

The equality bill has been passed in the last days of the government in the ‘wash up’ period.      Update – See an overview of the changes which came into effect on 1 October 2010 here The Press Association reported Deputy Labour leader Harriet Harman’s flagship Equality Bill was sent for Royal Assent on […]

‘Time to Train’ is now in force

Employees working in organisations with 250 or more staff are, from 6 April, eligible to request time off under the Time to Train scheme, which will be extended to all employees from April 2011.   Legal changes have come into effect from 6 April 2010, which give employees the right to request time for study […]

Cases in point – bitesize employment law April 2010

Suzanne Horne of Morrison and Foerster gives her legal round up of case law affecting human resource practitioners.   1. Tullett Prebon v BGC Brokers LP – Team Moves & Constructive Dismissal2. British Airways Plc v Williams and Others – Holiday Pay ruling may impact all aviation sectors3. Dunn v AAH Limited – Failure to […]