Layla’s on the case: The bullying line manager
Layla investigates real-life cases and brings the conclusions to HRzone.co.uk, shedding light on important employment law issues. This month: is a company under an obligation to take disciplinary action against a line manager for bullying when the complainant was intially happy with an apology but has now changed her mind? The case:An employee has raised […]
Legal briefing: Equality laws explained
Protecting against discrimination by its nature opposes prejudice and bigoted views. But as three recent high profile cases have highlighted, it can also bring wider beliefs in to conflict, such as religious and ethical points of view. The way in which the courts have tried to reconcile such views in these recent cases has […]
Ask the expert: Can we promote a worker above their supervisor?
Can we promote a worker above their supervisor? Martin Brewer and Esther Smith advise. The question: Can we promote a worker above their supervisor? We have a factory Manager who is responsible for all issues within the factory. He has not been undertaking his duties correctly and during his reviews has said […]
Legal update: Discrimination and commission
Employment law briefing – practical, digestible takeaways to help you make sense of the confusing world of employment case law from Suzanne Horne of Morrison and Foerster. This month, discrimination and capping commission. Homer v Chief Constable of West Yorkshire Takeaway: Requirement of a degree not age discrimination The Court of Appeal has held that […]
PCS wins high court bid
A union has won its High Court bid to halt government measures that would have cut redundancy pay for civil servants in order to save it £500 million over three years. The Public and Commercial Services (PCS) union had called for a judicial review after changes to the Civil Servant Compensation Scheme were introduced without […]
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 […]
