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 […]
Ask the expert: SOS – help with SOSR
How should you handle a re-engagement after dismissal of SOSR following a salary reduction? Martin Brewer and Esther Smith advise. The question: Due to a requirement to cut costs we need to introduce salary reductions (amongst other measures).Following consultation, it is likely that we will have a small number of individuals who […]
Tribunal ‘fast track’ scheme announced
The Ministry of Justice is implementing a new Employment Tribunal Fast Track Scheme in an attempt to clamp down on the huge four out of ten rogue employers that fail to pay staff awards. Research published by the MoJ last year indicated that some 39% of people granted awards by tribunals had not been paid […]
Ask the expert: Sickness in an SME
One of our employees has been off sick 22 times in the past year. Now she claims she has an underlying health condition. How should we handle it? Adam Partington and Esther Smith advise. The question: Sickness in an SME We are a very small company (two full time and one part time), and […]
Unpaid interns ‘may be illegal’
Employers may be breaking the law by not paying as many as one in three interns the national minimum wage even though they qualify for it, according to the TUC. The union umbrella organisation warned that any intern who is not simply observing and shadowing paid employees but is instead undertaking work-related tasks with set […]
Female students rule out career in finance due to perceived discrimination
While the UK’s top female students are ruling out careers in the City seeing it as unethical and rife with discrimination, two thirds of healthcare workers are enthusiastic about their jobs, with nine out of ten feeling that they really make a difference. According to a survey of 450 female undergraduates at Oxford University undertaken by […]
Ask the expert: Withholding pay
Martin Brewer and Esther Smith advise on whether you can withhold an employee’s pay while you decide if an absence was unauthorised. Withholding pay We have an employee who was employed on a fixed-term contract. They suffered an injury and were absent from work for three weeks in total. The first week was self certified […]