The ACAS Code of Practice (COP1) is said to explicitly not apply to redundancy dismissals. Two recent cases have extended the circumstances in which the Code does not apply to include ill-health and some other substantial reason dismissals. The case of Holmes v QinetiQ Ltd [2015] found that the Code does not apply in ill-health […]
Tag: employment solicitor thrapston
Can a lay-off only be for a reasonable period?
The EAT held in the recent case of Craig v Bob Lindfield & Sons that there is no implied term as to reasonableness so far as the length of lay off was concerned but also went onto find in this case that the period of four-week’s experienced by Mr Craig was not unreasonable in all […]
Zero hours dismissals
The much talked about and long awaited protection against zero hours dismissals for workers is now in place. This is where employees are dismissed for not being exclusive to one contract. It is now unlawful to dismiss an employee on a zero hours contract if the principal reason is that he breached a contractual clause prohibiting […]
National minimum wage v living wage
Ever wondered what the difference between the national minimum wage and the living wage is? Well here we explain the national minimum wage v living wage puzzle. April 2016 is due to see the introduction of the national living wage which will increase the national minimum wage to £7.20 for adults over the age of 25 […]
New ACAS Equality Guides
ACAS has published three new guides on equality which are detailed and set out the best practices for businesses to follow in the areas equality. The three guides are entitled: Equality and Discrimination: Understanding the Basics Prevent Discrimination: Support Equality Discrimination: What to do if it happens The guides can be found here and […]
Labour Leadership Contest
As the press is dominated by the race for the next Labour leader, I noted with interest that Jeremy Corbyn has set out his vision for the future government in equality policy. Jeremy Corbyn is seen as the favourite to take over the party in the opinion polls. The highlights of his policy are that […]
Disclosing your own wrongdoing to the boss
All employees have an implied duty of fidelity applies in their employment contract. However it is well established that employees are not under a general duty to disclose their own misconduct to their employer. The exception would be where the employee is at a senior level such as the director or senior manager where he would be obliged to report […]
Failure to comply with ACAS EC requirements
Two recent decisions concerning failures to comply with the ACAS Early Conciliation procedures have been heard before the EAT. The first was the case of Sterling v United Learning Trust where the Claimant submitted her ET1 missing some digits from the EC number on the form. The form was returned by the Tribunal. Her representative […]
Having your cake?
You may have read about the Northern Irish gay cake row which has been settled by the County court in Northern Ireland recently. A bakery was sued after it cancelled an order for a cake with an image and slogan “Support Gay Marriage” placed by a homosexual customer. The customer brought the case with the […]
Failure to comply with ACAS EC requirements
Two recent decisions concerning failures to comply with the ACAS Early Conciliation procedures have been heard before the EAT. The first was the case of Sterling v United Learning Trust where the Claimant submitted her ET1 missing some digits from the EC number on the form. The form was returned by the Tribunal. Her representative […]