Warnings all round…

A journalist working for the BBC’s Sri Lankan service has recently been awarded £50,000 following his dismissal.

Mr Bandara had been employed at the BBC for 18 years and in August 2014 was dismissed due to making a number of derogatory comments to some fellow workers and shouting at others.

The dismissal came after he had received a final written warning in July 2013 as a result of his failure to report the birth of Prince [...]

By |October 21st, 2016|Uncategorized|

Court of Appeal rules holiday pay must include results-based commission

On 7 October 2016, the Court of Appeal handed down its judgment in British Gas Trading v Lock & Anor.

To recap, a British Gas 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 decisionon whether the relevant EU law the UK must work to required holiday pay to [...]

By |October 20th, 2016|HR / Employment Law News|

Junior doctors lose High Court case

The High Court has ruled that the manner in which the Government is introducing new contracts of employment for junior doctors is legal, so the junior doctors’ attempt to stall the imposition of the controversial contract has failed.

At the heart of the issue was whether the Health Secretary, Jeremy Hunt, had the power to impose the new contract and whether that was what he was trying to do. The group representing the doctors, ‘Justice [...]

By |October 14th, 2016|HR / Employment Law News|

Disney company fined following injury to Harrison Ford

A production Company owned by Disney has been fined following an accident in June involving Harrison Ford that occurred during the filming of Star Wars: The Force Awakens at Pinewood Studios.

Foodles Production (UK) Ltd was fined a total of £1.6m after admitting two counts of breaching the Health & Safety at Work (etc.) Act 1974 at an earlier hearing (see here for our previous article in this regard).

The star was reprising his role as [...]

By |October 14th, 2016|General, Health & Safety News|

Shared Parental Leave back in the spot light…

When the Shared Parental Leave provisions were announced, there was much discussion in relation to whether any enhanced maternity pay provisions would cross over to fathers/partners who intended to share the parental leave. In a recent landmark case, Snell, an employee of Network Rail, has been awarded nearly £30,000 on the grounds of sex discrimination.

In this case, the husband and wife team were both employed by Network Rail and so as the mother commenced [...]

By |October 6th, 2016|Uncategorized|

National Minimum Wage on the up…

Following a week where we’ve heard Jeremy Corben pledging to increase the national living wage to £10 per hour by 2020, employers are tightening their belts ready for the annual national minimum wage (NMW) increases.

This year sees an average of 3.6% increase across the NMW rates for employees under the age of 25.

The National Living Wage introduced in April 2016 remains the same at this stage and is set to increase in April 2017, at [...]

By |September 30th, 2016|Uncategorized|

The dilemma of upholding a complaint of bullying or discrimination in the context of a grievance

The sixty-four-thousand-dollar question: How does an employer uphold a complaint of bullying or discrimination without risking further exposure to a related Employment Tribunal claim?

As is invariably the case in respect of grievances that include complaints of bullying, harassment and discrimination, the employer is caught between the devil and the deep blue sea in this regard.

Should it try desperately not to make any admissions for fear of providing further evidence in support of the employee’s [...]

By |September 23rd, 2016|HR / Employment Law News|

Tribunal rules voluntary overtime should be included in holiday pay

The recent case of Brettle and Others v Dudley Metropolitan Borough Council marked a further development in the evolution of case law surrounding the correct basis for calculating a worker’s entitlement to holiday pay, which has been ongoing since 2010 and pilots arguing (in Williams v British Airways) that they should have been paid flight time supplements whilst on holiday.

In Brettle, Birmingham West Employment Tribunal determined that workers who worked regular overtime on a [...]

By |September 9th, 2016|HR / Employment Law News|

Latest tribunal stats show continuing reduction in claims

The Ministry of Justice has published the latest quarterly Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) statistics for the period April to June 2016, the most eye catching of which is that single claims to the ET have fallen again in the last 12 months. Other figures of note include:

4,200 single claims were received in this quarter, a reduction of 3% compared to the same period in 2015.
Of the 5,100 Employment Tribunal [...]

By |September 9th, 2016|HR / Employment Law News|

Restrictive Covenants – High Court decision provides further guidance on enforceability

Employers seeking to protect their business in the event of a key employee leaving who may be able to take customers with them will normally include restrictive covenants in employment contracts in order to reduce the scope for this occurring. Such restrictions will be considered void in law as being “in restraint of trade” unless they protect a legitimate interest and are deemed reasonable in the circumstances. The protection of a legitimate interest usually [...]

By |September 5th, 2016|HR / Employment Law News|