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Archives / 2013 / October
  • Help! I cannot get to work.

    While I am stranded in London as a result of the storm, Warren has kindly put together this short blog for everyone. 

    As the storm causes disruption throughout the U.K, mainly employees are likely to encounter problems getting to work. From delayed trains, car and household damage to dangerous walking conditions. The question is as an employee what should you do.

    Firstly and most importantly, call your employer and let them know what has happened as soon as possible together with when you expect to be able to return to the office. Your employer is usually only obliged to pay you for working so they may ask you to make the time up, take annual leave or take the time unpaid.

    Some employers may have a 'Severe Weather Policy'  however if there is no such policy, employers are … more

  • Facebook dismissals; when are they fair?

    Tags: Unfair Dismissal, Social Media, Facebook dismissal, Employment Tribunal

    Following on from last weeks blog on 'Managing social media professionally' I thought this week I would hand pick a few Facebook dismissal cases to see what we can learn from the Employment Tribunal (ET) decisions. 

    In EA Whitham –v- Club 24 Ltd t/a Ventura the dismissal was held to be unfair. In this instance the employee, Ms Whitham who was employed as a team leader made some inappropriate comments on FB after a difficult day at work. She posted “I think I work in a nursery and I do not mean with plants” and then later commented “Don’t worry, takes a lot for the bastards to grind me down. LOL [laugh out loud]”.

    Her posts lead to a flurry of comments from her FB friends, who were former and current employees. This resulted in two complaints … more

  • Managing Social Media Professionally

    Tags: Employment Law, Employment Tribunal, Social Media, Unfair Dismissal, Breach of Contract, Facebook, Twitter, LinkedIn

    Social media is everywhere these days, be it at home, on the train and of course very often in the workplace.

    The key platforms as you will no doubt be aware are Facebook, Twitter and LinkedIn. The personal nature of these pages allow the user to share news, gossip, photo and video, no matter how inane or mundane. A profile can be restricted to being seen by family and friends, or alternatively be open to the general public.

    Many professionals view social media as a tool to be utilised for progression of their professional goals, this in particular relates to LinkedIn. However problems can arise for employers where individuals make comments on their personal pages in the mistaken belief that no one from work will see them. The consequences for such mistakes can range from the … more

  • Employment Law Round-Up

    Tags: Employment Law Reforms 2013, Harassment, Employment Law, Fee Remisssions, Financial Penalties

    This month’s employment law round-up covers some interesting and rather important changes that all employers and HR folks should be aware of. Two of the three topics will be welcomed by employers, the other not so much.

    Law on Third Party Harassment Repealed

    Now to the first bit of good news for employers…

    Per the Equality Act 2010 an employer can be vicariously liable for harassment by a third party. An example would be where a female sales assistant at a retail store is sexually harassed by a delivery man that delivers to the store. The delivery man is not employed by the same company as the retail assistant and comes into the store only to deliver goods.

    In this example and under the previous law the retail store employer would have been liable for the harassing acts … more

  • National Minimum Wage (NMW) to increase on 1 October 2013

    Tags: National Minimum Wage, Employment Law

    On the 1 October 2013, the National Minimum Wage (NMW) rates increase. The hourly rate for workers over the age of 21 increases from £6.19 to £6.31.

     The other changes are:

    £5.03 for those aged 18 up to the age of 20

    £3.72 for 16 to 17 years old, who are above school leaving age but under 18

    £2.68 for apprentices under 19 or 19 or over who are in the first year of apprenticeship.

    ACAS has also introduced a new useful online tool to assist employers calculate entitlements.   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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