It’s official – voluntary overtime should be included in holiday pay

The Employment Appeal Tribunal (EAT) has confirmed that voluntary overtime payments should be taken into account when calculating holiday pay if they are regular enough to constitute “normal pay”.

In the first binding decision on this point, the EAT upheld the Employment Tribunal’s judgment in the case of Brettle and Others v Dudley Metropolitan Borough Council, which marked a further development in the evolution of case law surrounding the correct basis for calculating a worker’s [...]

By |August 2nd, 2017|HR / Employment Law News|

Tribunal consults on Vento bands

The Presidents of the Employment Tribunals have issued a joint consultation statement seeking views on RPI-linked increases to the bands of awards for injury to feelings in discrimination cases, which have not risen since 2009.

To explain, the lower band is intended to capture less serious cases of discrimination, such as a one-off act of relatively minor harassment or discrimination. The middle band is for cases which are serious, but cannot reasonably be said to [...]

By |August 2nd, 2017|HR / Employment Law News|

Employment Tribunal Fees to be Abolished

The Supreme Court has today published its landmark decision in the long-running legal battle between the Government and UNISON regarding the legality of Employment Tribunal fees.

The Court has ruled that the current system effectively prevents access to justice, and is unlawful. The Ministry of Justice has said that it will take immediate steps to stop charging.

Fees for bringing a claim in the Employment Tribunal and Employment Appeal Tribunal were introduced in 2013, with claimants having to [...]

By |July 26th, 2017|Uncategorized|

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 [...]