Archives

Archives / 2013 / June
  • Supporting Paul Muszanskyj celebrate 18 years cancer-free

    On the 22 June 2013 we were privileged to be invited to attend “Remission” a charity event hosted by local Yorkshire musician Paul Muszanskyj of Brighouse, to celebrate 18 years of him being free from cancer.

    Paul, who  is now a business owner, said: “The objective is simple: to raise as much money as possible to support the vital work of Ward 15 at the Bradford Royal Infirmary as they continue to help patients and their families live and cope with cancer.

    The event took place at Farnley Sports and Social Club in Leeds. Paul’s aim was to take friends, family and supporters through an uplifting musical journey of one man’s experience of coming to terms with, taking on, surviving and living life after cancer.

    We had a fantastic evening listening to … more

  • Insolvent Companies, Consultation and Protective Awards

    Tags: Employment Law, HR, Employment Tribunal, TUPE, Unfair Dismissal, Consultation, Insolvency, Inform and Consult, Protective Award

    Many of you will be familiar with section 188 of the Trade Union and Labour Relations (Consolidated) Act 1992 (“TULRCA”), which defines and governs the roles of trade unions. Under this section an Employment Tribunal (“ET”) may order an employer to pay its employees a ‘protective award’ where the employer has failed to consult the employee representatives when proposing to make 100 or more redundancies.

    In this scenario a protective award is in effect a penalty payment equating to a maximum of 45 days’ wages (since April 6 2013, previously 90 days) for each employee, so can be very costly, particularly given that amount for a weeks’ pay is uncapped.

    The question which frequently arises is whether it would be reasonable to expect an … more

  • How enforceable are restrictive covenants?

    Tags: Restrictive Covenants, Constructive Unfair Dismissal, Employment Law, Employment Tribunal, Enforceability, Injunction, Contractual Terms

    Restrictive covenants (“RCs”) are the contractual terms restricting an employee’s activities after termination and are often critical to some employer/employee relationships, particularly where the employee concerned is senior or vital to the employer’s business. Over the last few years the courts have given them a new lease of life, though it remains a complex area of law where mistakes are frequently made both by employers and employees.

    RCs can be void unless the employer can show that it has a legitimate business interest to protect and sought to enforce the covenant no further than was reasonably necessary to ensure that protection. RCs can also be invalidated by an employer terminating an employment contract in breach of its terms, including where an … more

  • TUPE and outstanding disciplinary appeals

    Tags: Employment Law, Employment Tribunals, Employers, Employees, Unfair Dismissal, Disciplinary process, Disciplinary Appeals, Misconduct

    No industry likes the chaos and anarchy the word TUPE brings. Most employers are aware that employees from OldCo transfer to NewCo on the same terms and conditions, however does this also mean that an employee pending an appeal from dismissal also transfers to NewCo?

    The Employment Appeal Tribunal (“EAT”) recently dealt with this interesting issue in Bangura v Southern Cross Healthcare.

    Here the relevant employee worked in a care home operated by Southern Cross Healthcare where she was dismissed for gross misconduct around six weeks before the care home transferred to Four Seasons Healthcare. At the time of the transfer Ms Bangura had an appeal pending against her dismissal though the result was as yet underdetermined.

    The original Employment Tribunal (“ET”) … more

  • Employment Law News Roundup

    Tags: Employment Law, Employment Tribunals, Employment Law Reforms, Enterprise and Regulatory Reform Act 2013, Whistleblowing, Political Belief, Unfair Dismissal, Discrimination, Financial Penalties on Losing Employers

    With so many serious changes planned to the tribunal system and employment law generally this year, it is well worth pointing out some of the key alterations that may have escaped your attention in anticipation of their being implemented via the Enterprise and Regulatory Reform Act 2013. With that in mind the following roundup provides a handy summary of what is coming into force and most importantly, when.

    Changes to Whistleblowing Provisions

    From 25 June 2013 there will be alterations to the provisions relating to whistleblowing, also known as the making of a protected disclosure. This is an important aspect of employment law as where the principal reason for a dismissal is because a worker made a protected disclosure then the two year qualifying period for claiming unfair dismissal … more

LATEST LEGAL UPDATES:

  • Parental Bereavement Bill

    Tags: Still born, Parental leave, Parental pay, House of Commons, House of Lords, Legislation, Draft

    MP Will Quince's Parental Bereavement Bill passed the final stage in the House of Commons last month, seeking to allow parents time to grieve after the death of their child and gaining unanimous cross-party support. Quince proposed the bill along with Kevin Hollinrake, after Quince’s son, Robert, was stillborn at full term in 2014, suffering from Edward’s Syndrome.  

    Current legal position  

    While it is expected of employers to be compassionate and flexible when their employees face difficult times such as mourning the loss of a loved one, there is no legal requirement for employers to provide leave or pay to employees who are grieving the loss of a child.  

    Under the Employment Rights Act, employees do have a day-one right to take a ‘ … more

    

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