Archives

Archives / 2012 / September
  • Are ‘without prejudice’ conversations safe?

    Tags: Unfair Dismissal, Employment Tribunals, Compromise Agreement, Discrimination, Without Prejudice, Disability Discrimination, Employment Law

     

    Employer-employee relationships can become strained due to a number of different factors and sometimes both parties wish to amicably part ways and embark on what they term as ‘off the record’ or ‘without prejudice’ conversations with a view to entering into a compromise agreement. The Question is; if no agreement is reached can the content of those conversations be admissible in the employment tribunal?

    Gallop –v- Newport City Councilis a recent Employment Appeal Tribunal (EAT) decision which looked at the issue of admissibility of ‘without prejudice’ conversations. Mr Gallop was employed by the Newport City Council as a training officer. He claimed to be suffering from depression which has been brought about as a result of work related … more

  • Further plans by the Government to provide businesses more flexibility through changing employment laws

    Tags: Settlement Agreements, Compromise Agreements, Unfair Dismissall, Compensation, TUPE, Disciplinary process, Grievance process, Employment Law, Employment Law Reforms

    I know it may only seem as though it was yesterday that I was informing everyone on the consultation about the employment tribunal but I can assure you that it was last month! So I thought for those of you who are following the reforms I would provide you with a short summary of the proposal by Business Secretary Vince Cable on 14 September. He announced further steps to reduce employment law in his vision to give business owners/managers more flexibility in managing their workforce.

    The package put forward on the 14 September 2012 came from the response from businesses to speed up the process for ending an employment relationship (for both employer and employee) when it breaks down (if you have not been following the employment law reforms you may find it useful to read the following … more

  • New BIS scheme to enforce National Minimum Wage (NMW) by naming and shaming employers

    Tags: National Minimum Wage, BIS, Employment Law

    You may have all heard about the BIS scheme which was launched on 1 January 2011 and set out to name employers who failed to pay their employees the NMW. Well now Norman Lamb, Minister for Employment Relations, has named the first employer – Rita Patel. The Leicester hair and beauty salon owner has been named for failing to pay £3,361.22 to former worker following an investigation by HM Revenue and Customs (HMRC).

    HMRC have resorted to enforcing the debt through the courts. The Government argues (and I have to agree it is certainly arguable) that bad publicity is an effective way of deterring employers who may be tempted to pay their workers less than the NMW.

    Currently HMRC issue a press release when an employer has unsuccessfully appealed against a notice of underpayment … more

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  • 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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