Latest employment tribunal and EAT stats published

The latest employment tribunal and EAT statistics have been published by the Ministry of Justice. They detail the type and volume of cases received, disposed of and outstanding for the period April 2016 to March 2017. This information is useful in assessing employment litigation trends and the impact of fees (introduced in July 2013, but outlawed in July 2017) and Acas early conciliation (introduced in May 2014).

The stats show that 88,476 employment tribunal claims [...]

By |September 28th, 2017|HR / Employment Law News|

Unlawful Employment Tribunal fee regime ruling – The implications for employers

Now that the dust has settled on July’s landmark ruling by the Supreme Court that the current Employment Tribunal fee regime was preventing access to justice, was unlawful and should therefore cease with immediate effect, we look an in-depth look at the implications for employers.

Prior to the introduction of fees there is no doubt that employers were frustrated by the time and money they had to throw at an increasing number of frivolous and vexatious [...]

By |September 27th, 2017|HR / Employment Law News|

Revised Vento bands confirmed following consultation

Last month, we reported that the Presidents of the Employment Tribunals had issued a joint consultation statement seeking views on RPI-linked increases to the bands of awards for injury to feelings in discrimination cases, which had not risen since 2009. The Presidents have since released a Joint Response confirming the following revised bands:

 

Lower band: £800 to £8,400: suitable for one-off and isolated incidents where the nature of the prohibited conduct is less serious

By |September 14th, 2017|HR / Employment Law News|

Pregnancy-related issues for the Duchess of Cambridge – An employer’s guide

As the Duchess of Cambridge cancels her official duties due to severe morning sickness, we look at what the Palace would need to know if it were deemed to be her employer

Risk Assessment

As soon as it was notified it would be required to undertake a risk assessment to identify any particular risks to her or to her unborn 5th in line to the throne – perhaps stress on joints caused by constant public walkabouts, [...]

By |September 6th, 2017|HR / Employment Law News|

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|

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|

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. [...]

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 [...]