Whistleblowing – What is ‘in the public interest’? (part 2)

In a recent article, we summarised the case of Chesterton Global Ltd & Anor v Nurmohamed, in which the Employment Appeal Tribunal (EAT) considered what would amount to being in the public interest and concluded that a relatively small group of individuals may be sufficient to satisfy the public interest test.

Following hot on the heels from this judgment is the Employment Tribunal’s decision in Newman v Riverside Building Supplies in which it was determined [...]

Round-up of Tory pledges on employment law

Further to the Conservative Party’s triumph in the recent general election and following on from our recent blogs on the stances adopted by the various political parties on employment issues, it is worth recapping on what the Tories are intending to do on the employment law front.

 

Employment Tribunal Fees

As the Conservative Party introduced the fee regime and has been vocal about its effectiveness in reducing the volume of claims, it is probably no surprise [...]

Steel casting manufacturer fined following death of worker

A steel casting manufacturer was fined £150,000 and ordered to pay £24,000 costs following the death of a worker who was hit in the mouth by fragments of a grinding disc which exploded.

Following a Health & Safety Executive (HSE) investigation, it was established that a grinding disc ‘suddenly exploded’ catapulting fragments across the workplace.

Two workers reported hearing a loud bang and saw a colleague collapse to the floor. When they ran to his aid, [...]

By |May 14th, 2015|Uncategorized|

EAT confirms no obligation to suspend disciplinary process on receipt of grievance

A recent case has determined that an employer is not obliged to put disciplinary proceedings on hold whilst the employee’s grievance is dealt with.

The case involved a bus driver who was accused of poor driving. Her alleged offences included pulling out with cars still passing, one-hand driving, clipping kerbs, showing poor lane discipline, running a red light and pulling into the path of two cars. As a result her employer considered her driving to [...]

British Gas appeal against Lock decision on holiday pay and commission

We recently reported on the much anticipated decision in Lock v British Gas Trading in which Leicester Employment Tribunal determined that holiday pay should include an element reflecting commission where applicable.

To recap, the Claimant, a sales consultant, claimed he was owed holiday pay due to the amount he received whilst on annual leave not incorporating an amount reflective of his variable monthly commission payments. Originally, the Tribunal could not reach a decision on whether [...]

UPDATE – Security Industry Authority (SIA) Licences

Further to our March blog ‘Security Industry Authority (SIA) Licences – Are you at risk?’, an investigation has been conducted by the examination awarding body, IQ. As a result, 215 security guards had their licences revoked from a single college (Ashley Commerce College, Ilford).

An SIA licence is required for activities in the following areas:

Manned Guarding
Cash and Valuables in Transit
Close Protection
Door Supervision
Public Space Surveillance (CCTV)
Security Guarding
Key Holding

Adelle Hutton, HR Consultant at [...]

ECJ rules that there must be 20 or more dismissals at a single establishment to trigger collective redundancy consultation

The ECJ yesterday brought to a close the long-running saga in respect of Collective Redundancy consultation requirements (see our last blog on this subject here).

In answer to questions referred to it by the Court of Appeal in the long-running case of Usdaw v Woolworths  and Ethel Austin, the ECJ has ruled that the requirement to consult collectively on planned redundancies (ie, with a recognised trade union or with elected employee representatives) is only triggered [...]

Tribunal tackles the use of e-cigarettes

The first tribunal case to involve the use of e-cigarettes in the workplace has recently been heard, highlighting the importance of ensuring that company policies are up to date and clear on the organisation’s position when it comes to the use of e-cigarettes in the workplace and the consequences if an employee is found to be breaching that policy.

In the case of Insley v Accent Catering, Ms Insley was suspended following an allegation that [...]

By |April 29th, 2015|Uncategorized|

General election build-up – Manifestos and Employment Law

Further to our recent blog on the stances adopted by the various political parties on the issue of Employment Tribunal fees, we thought a wider-ranging article on key areas of Employment Law touched upon across the manifestos was in order.

 

Zero Hours Contracts

Conservatives will pass legislation to make exclusivity clauses (which prevent an individual from working for another employer even when no work is guaranteed) unenforceable.
Labour will ensure workers who have worked ‘regular hours’ [...]

By |April 28th, 2015|HR / Employment Law News|

Whistleblowing – What is ‘in the public interest’?

For a worker to be protected against detrimental treatment or dismissal under whistleblowing legislation, they must have made a protected disclosure. A protected disclosure is one made by a worker who has a reasonable belief that one of the following sets of circumstances exists:

 

A criminal offence has been committed, is being committed or is likely to be committed. Examples of such are fraud, bribery or corruption.
A person has failed, is failing or is [...]

By |April 27th, 2015|HR / Employment Law News|