For babies due on or after 5th April 2015 or those who will be placed for adoption after that date there will be new rules around the leave so that parents can take the traditional maternity leave period between them. The mother must take the compulsory leave but after the initial 2weeks or 4 weeks […]
Sarah King Employment Solicitor
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News
Early conciliation statistics
The first quarter’s statistics for ACAS Early Conciliation have been released. In April, the scheme was still voluntary and ACAS processed around 1,000 applications a week. Once the process became compulsory in May and June this rose to an average of 1,600 applications. ACAS say that this mirrored the expectation for demand on the service. Interestingly, […]
What should be in an employment contract?
Employment contracts should be in writing, not only is this a legal requirement under s1 of the Employment Right Act 1996 but it avoids disputes later as to what the terms of the contract were. There are certain things that should be included in a contract of employment in order for it to be s1 […]
Zero hours consultation
Another consultation has been launched by the Government until 3rd November 2014. Having decided over the summer to introduce a ban on exclusivity clauses in zero hours contracts in due course, the Government consultation is primarily around making sure that employers do not circumvent the ban and ways to avoid them doing so. […]
Whistleblowing consultation
Some years ago an amendment was made to the ET1 form whereby you could ask the Tribunal to refer on the claim if it involved a claim relating to whistleblowing to the appropriate regulator. There was much debate in practice as to whether tactically it was advisable to tick that box or not. I have […]
Resigning without notice
As an employer you are required to give your employee notice unless of course they have committed an act of gross misconduct. Notice can be worked, served out on garden leave or paid in lieu depending on the terms of the contract. Unfortunately not all employees give the required length of notice or any notice […]
Reasonable adjustments
The EAT has held that the employer in Dominique v Toll Global Forwarding Ltd had failed in its duty to make reasonable adjustments by not adjusting the redundancy selection criteria where a disabled employee was placed at a substantial disadvantage even though the adjustment to the criteria would not have made a difference to the outcome. […]
Providing a reference
This month’s business development briefing sets out the key issues a business should consider before providing a reference for an employee or former employee. Types of reference A business is most likely to be asked to provide a reference for a prospective employer, although it could be asked to give one in other circumstances (for […]
TUPE for small employers
The last of the changes made by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16) came into force on 31 July 2014. The new regulation 13A of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) now provides that employers with fewer than ten employees may directly […]
Restrictive covenants on appeal
You may recall my post some months ago about the widening of restrictive covenants by the Court. The court added words into the covenant to give it a commercially sensible result. If not here is a reminder: Restrictive Covenants Well the case has been overturned on appeal. The Court of Appeal has held in Prophet […]
(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)