Archives

Archives / 2012 / January
  • Online Management Course

    It has been an extremely busy week and in between everything this week I was determined to complete the Management Course 2, which I had purchased from Data Law (www.datalawonline.co.uk) a few weeks ago. Now I do not know about the rest of you but I am certainly sceptical about courses online however I urgently needed to do this one as it was long overdue (long story, if I was to go into it you may be here all day). I was very pleasantly surprised it was conveniently split into 6 parts which meant that you did not have to go through the whole 6 hours in one go, but it also allowed you to log each section that you had completed (I will let you know whether the logging process worked in due course). Mr A R Mackay was very entertaining lecturer and gave live examples of managing a company, … more

  • Unfair Dismissal: Pitfalls to avoid

    Tags: Unfair Dismissal

    I hope none of my followers and readers have started the New Year with an employment tribunal claim for unfair dismissal being served on them! However unfortunately at the moment I seem to have an influx of instructions for unfair dismissal so I thought I would put together a quick reference guide of things to think about before dismissing your employee. 1. Always ensure that you adhere to the ACAS Code on disciplinary procedures and carry out: A careful and fair investigation of the issues; Inform your employee of the issues of concern in writing setting out a date for a disciplinary hearing and informing them the right to be accompanied; Conduct a disciplinary hearing, ensure minutes are taken and that your employee agrees with the minutes; At the hearings, explain the complaint and … more

  • Changing terms and conditions of employment contracts fairly

    Tags: Unfair Dismissal, Employment Tribunals, Redundancy, Changing Terms and Conditions, Employment Law, Some Other Substantial Reason

    In the New Year there has been great media speculation about whether we are heading towards a double dip recession. This is unwelcomed news for employers and employees who will both be faced with difficult decisions.

    If you are an employer who as a result of a downturn in work is considering how to effect changes to your employees' terms and conditions then you might be in luck the EAT has provided you with some guidance in Slade and Others v TNT (UK) Ltd [2011] UKEAT/0113/11/DA. In this case, the four claimants were test cases for some 183 cases.

    Slade and Others has expanded on the case law history surrounding the definition of 'some other substantial reason' which is a ground for fair dismissal (under section 98 of the Employment Rights Act 1996). The employer in this case found that … more

  • The Queens Diamond Jubilee: 5 June 2012

    Tags: Queens Diamond Jubilee

    I hope that you have all had a great Christmas and New Year break...the most difficult week of the year is over!!

    I thought I would reminder all employers that this year there will be an additional bank holiday on 5 June 2012 to celebrate the Queens Diamond Jubilee which falls right after the Spring Bank Holiday on 4 June 2012. This may result in a high volume of holiday requests from employees for the 6-8 June 2012 as they will be looking to enjoy a longer break by using fewer annual leave days (well they do deserve it).

    But those of you with businesses may (if you have not already done so) want to set a policy to either restrict the number of employee’s taking annual leaving during those dates, particularily SME's who may find themselves in a position where they have no staff on … more

  • Redundancy checklist for employers

    Tags: Selection Criterion, Selection Pool, Redundancy Payment, Employment Law, Redundancy Procedure, Redundancy Consultation

     

    Employees are a company's greatest asset and no successful business owner wishes to make redundancies, however sometimes there is no other choice so I have put together a guide to ensure that if your business is faced with this difficult dilemma you can ensure that you undertake a fair and proper procedure.

    First Consultation Meeting:

    Meet with all of the employees who might be made redundant (as a group).

    Explain the reasons for the potential redundancies.

    Explain how many jobs are at risk of being redundant.

    Explain the methods being explored to avoid the redundancies (for example, restrictions on recruitment, alternative employment, re-training, voluntary early retirement, voluntary redundancy, short-term working and restricting overtime).

    Explain the selection … more

LATEST LEGAL UPDATES:

  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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