There has been much media coverage over the past few months about zero hours contracts. Love them or hate them, they can be very valuable in many industries to flex up and down to demand. The problem with them is that, like most good ideas, they are often misused. Employers often use a zero hour […]
Employment Tribunal claims
Whilst the official figures are not released until December 2013, the Ministry of Justice has published provisional figures for employment tribunal claims received for the key period in the run up to and following the introduction of fees in July 2013. There was no significant change in the number of claims received of around 40,000 […]
The problem with Haringey
This blog is not about the rights and wrongs of the decision to dismiss Sharon Shoesmith following the Baby P case in Haringey, although I am sure many readers have a view on the subject. Instead, it is about the misreporting of the case itself. I am sure we have all read the press coverage […]
Changing terms and conditions
In this times of tough climate it is not unheard of for employers to implement various measures to cut costs but avoid redundancies. Measures I have seen are temporary reductions in the working week, reductions in hours per day, periods of unpaid holiday and removal of many company perks. Whilst there is obviously the need to […]
Disability and long term sickness
It is possible in some circumstances with long term sickness to adopt the doctrine of frustration and say that the contract has been frustrated, thus bringing the employment contract to end without dismissing the employee in unfair dismissal terms. This is something I have done in practice on a few occasions for employers but it […]
Confidentiality in Settlement Agreements
You may recall that there has been much press coverage over the past 12 months or so about the use of compromise agreements/settlement agreements particularly in the public sector where employees are being exited and asked to sign confidentiality clauses in return for their settlement. The use of “gagging clauses” is widespread but in the […]
National Minimum Wage changes
The national minimum wage increased this month, which is said to benefit approximately 890,000 workers. From 1st October 2013, the rates are as set out below: Adult £6.31 Aged 18-20 £5.03 Aged 16-17 £3.72 Apprentice £2.68 Also from 1st October 2013, those that fail to pay the national minimum wage will be named and shamed publically. […]
TUPE or not TUPE
I am not sure I will ever tire of that joke! The results of the review into TUPE have been published by the Government. There are no draft regulations as yet but the changes are expected to come into force early next year as recently highlighted in my blog. Contrary to the media speculation, the […]
Social media and employment law
Social media sites are numerous and some more popular than others but their use by employers and employees does throw up all sorts of interesting employment law issues. None more so than the use of LinkedIn given that it is designed to be used in a personal capacity but it is aimed at one’s professional life […]
Lost in the system
A recent EAT case may seem a little extreme but in the case of Elliott v The Joseph Whitworth Centre Ltd delay meant he was denied justice at Employment Tribunal. The Claimant was dismissed in February 2010 and presented his complaint for unfair dismissal within the three month time limit through his union representative. Nothing […]