Archives

Archives / 2013 / March
  • Is your legal advice privileged?

    Tags: Employment Tribunals, Legal Advice Privilege, HR Consultants, myHR, Outsourced HR Service, Litigation Privilege, Employment Law

    The issue of ‘Legal Advice Privilege’ (“LAP”) can be a complex matter to understand in terms of what correspondence is and is not subject to disclosure to the other side in employment litigation. However as you will see, choosing the correct legal advisors from the outset can stop the loss of a critical tactical advantage if matters escalate to an Employment Tribunal hearing.

    LAP

    The time tested definition of LAP amounts to conferring privilege on communications that are made in confidence between a solicitor and client or internal agent, for the giving or receiving of legal advice, and litigation need not be in contemplation.

    Contrast this with Litigation Privilege (“LIP”) which confers privilege on communications or documents created between a … more

  • Huge sum for getting your recruitment wrong!

    Tags: Employment Tribunals, Discrimination, Recruitment, Interview, Vicarious Liability, Victimisation, Employment Law

    It is a well-established principle that employers are vicariously liable for the conduct of their employees. However does this mean that compensation can be apportioned between the employer and the individual responsible for the discriminatory acts?

    The Court of Appeal (CA) has recently provided us with some clarity on the issue in London Borough of Hackney v Sivanandan & Ors.

    Background

    This discrimination case has been in dispute for the last 12 years. The Claimant had applied for a job with Hackney Action for Racial Equality (“HARE”), which was funded partly by the Hackney Borough Council (“the Council”), but was a separate body. Ms White, an employee of the Council, sat in on the interviews as was required in her role with the Council

    Ms Sivanandan had … more

  • Employer perceptions of employment law out of step with reality

    Tags: Employment Law Reforms, myHR, HR, Employment Law, Employment Law, Employment Contracts, Employment Policies

    A recent Government research survey appears to be at odds with many of the arguments the coalition has used to justify its reforms on employment law since coming to power.

    The main thrust of the study entitled ‘Employer Perceptions and Impact of Employment Regulation’ is that many businesses view employment law as overly burdensome, while accepting that this view was mostly derived from a lack of understanding.

    Contrary to the Government’s view, the business survey confirmed that regulations were rarely a key factor when it came to recruitment and management of staff. Unsurprisingly, the main criteria for recruitment remain to be, to find the best candidate, who has the necessary education, required work experience and skills to perform the role.

    The survey revealed … more

  • HR and employment law in a dental practice

    Tags: Dental practice, Employment Tribunals, Employment Status, TUPE, Restrictive Covenants, Redundancy, The Equality Act 2010, Age Discrimination, Disability Discrimination, Race Discrimination, Sex Discrimination, Sexual Orientation Discrimination, Associate Dentists, Dental Nurses, Dental Staff, Employment Law

    The inherent difficulties of operating a practice day to day are, of course, substantial. One area that can often be neglected in the pursuit of superior quality standards and patient care is HR and employment law issues.

    While this question may present no problems when all is running smoothly on the ‘Good Ship Dental Practice’, there is however a wealth of legal issues potentially lurking beneath the surface for the unprepared practice owner and associate alike. So what can go wrong? 

    Well…

    The Contract

    The starting point for avoiding problems is naturally when a new starter is issued with their contract of employment or services. This defines most contractual relationships however at present many practice owners provide associate dentists with a contract … 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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