EAT considers whether gross misconduct should always result in dismissal

The recent EAT judgment in Arnold Clark Automobiles Ltd v Spoor contains some useful reminders for employers when contemplating what appears to be a straightforward gross misconduct termination.

Spoor was a motor vehicle technician who had 42 years’ exemplary service. He went to help an apprentice who was having difficulty in operating a printer, but lost his temper because the apprentice was not listening to him and grabbed him with both hands in the vicinity of [...]

By |July 18th, 2017|HR / Employment Law News|

EML to speak on social media in the workplace

As part of the The Colony Networking Group’s ‘Business Protection Essentials’ programme, EML has been invited to speak on social media in the workplace and will be considering the question ‘Social Media: Marketing Miracle or Management Minefield?’.

As an employer engaging in business-related social media, there is often a fine line between business and personal use, with far-reaching implications if a code of conduct is not established at the outset and usage is not monitored. [...]

By |June 19th, 2017|HR / Employment Law News|

Issues with our telephone system…resolved!

We are pleased to announce that the issues we have been experiencing with our telephone system over the last 24 hours have now been resolved by Vodafone and that normal service has resumed.

Thank you for your cooperation during this period and apologies for any disruption.

 

The team at EML

By |June 16th, 2017|General|

Accommodating Ramadan in the workplace

We are currently in the midst of Ramadan which, for many Muslims, is a period of religious observance. Failing to account for this in the workplace can give rise to employee relations issues and risk exposure to tribunal claims. Here, we look at ways in which employers can support their Muslim employees during this period.

Ramadan is the annual four week period during which Muslims fast from dawn until dusk, pray and give to charity. [...]

Issues with our telephone system…

We are currently experiencing issues with our telephone system due to a nationwide problem with Vodafone’s One Net Business service. If you encounter any difficulties when contacting us on our main office number, direct dials or individual mobiles, please email us instead until further notice.

Thank you for your cooperation and apologies for any inconvenience.

The team at EML.

By |June 15th, 2017|General|

Full pay awarded during paternity leave

Since the introduction of Shared Parental Leave arrangements, many organisations providing enhanced maternity pay have considered whether similar increased benefits should be provided where fathers/partners access paternity and shared parental leave.

In the case of Ali vs Capita Customer Management, Ali succeeded in his claim for full pay during shared parental leave on the basis that the Company provided (under protected terms from his previous employer) 14 weeks full pay as an enhanced maternity package.

Ali [...]

An Introduction to Health Surveillance

What is Health Surveillance?

Health surveillance is a system of ongoing health checks on those working within an organisation which allows for early detection of ill-health and helps identify any corrective action needed. Health surveillance may be required by law if your workers are exposed to:

noise
vibration
solvents
fumes
dusts
biological agents
other substances hazardous to health
work with compressed air

All the above areas of surveillance are required by the Control of Substances Hazardous [...]

Is Theresa May’s pledge to protect workers’ rights all it seems?

As previously reported, certain employment-related elements of the Conservative Party’s manifesto were announced earlier this week. However, the Tory pledge to protect all workers’ rights currently guaranteed by EU law might not be as bold as it appears.

Chris Nagel, EML’s Director / Head of HR, comments:

 
“As UK legislation has already enacted a large proportion of EU employment law, it will remain effective until amended. Such changes would require Parliamentary approval which, of course, [...]

Dismissal for inappropriate Facebook post found to be fair

Continuing our review of social media and tribunal claims, an Employment Tribunal (in the case of Plant v API Microelectronics Limited) recently considered whether the decision to dismiss fell within the range of reasonable responses.

The Claimant had been employed by the Respondent for 17 years and at the time of her dismissal she had a clean disciplinary record. In 2015, the Respondent introduced a social media policy which clearly stated the things that employees [...]

Does your employment documentation discriminate on the grounds of age?

When was the last time you reviewed you employment documentation to ensure you aren’t discriminating against age?

Age discrimination occurs when you unfairly disadvantage someone on the grounds of age for reasons that you can’t objectively justify. Examples include:

 

Stipulating age restrictions on job advertisements
Forcing employees to retire at a certain age
Only recruiting employees from specific age groups
Using ageist language such as referring to someone as a “youngster” or “old timer”
Asking for [...]