Archives

Archives / 2014 / November
  • Variation of Contract: Implied Acceptance

    Tags: Employment Law, Employment Contracts, Employment Tribunal, Variations

    The actual terms of one’s contract of employment can sometimes be an elusive thing to nail down. Many people are unaware that a contract can be altered without them ever expressly agreeing to such alterations being made and/or via implied custom and practice over a prolonged period of time.

    Nevertheless such variations to a contract of employment are entirely possible and occur all the time. It is often only when both the employer and the employee need to consider what the current terms of the employment relationship are that issues previously lying dormant come to the fore.

    In the recent Employment Appeals Tribunal (EAT) case of Wess v Science Museum Group such a situation arose. The question placed before the EAT was whether the Employment Tribunal (ET) of first instance was … more

  • Avoiding employment issues during your Christmas party

    Tags: Discrimination arising from disability, Disciplinary Procedure, Christmas Party

    As the festive season gets into full swing next week, many of us will be preparing ourselves for the Christmas party, where of course many of us intend to relax with colleagues over one or two, or in some cases, twelve drinks.

    This time of year is great for letting your hair down; however the concept of ‘liquid courage’ usually leads to no small amount of questionable antics, including but not limited to ritual abuse of the photocopier and a kiss or two under the mistletoe.

    Therefore as we prepare for our own Christmas party I have put together a few tips for ensuring a smooth office do!

    Preparation

    If you are worried about getting far too drunk then perhaps avoid alcohol or the party altogether. You could also consider stopping drinking after a certain time or … more

  • Employer sentenced after worker crushed to death

    Tags: Health and Safety, Death at Work

    A North Lanarkshire employer has been fined £24,500 when it admitted its negligence at Airdrie Sheriff Court after a 22-year-old employee was fatally crushed when a fork lift truck he had been driving in a yard toppled over, trapping his head against the ground, sustaining injuries from which he died.

    The employee who had only been working for the scaffolding refurbishment company for two weeks prior to the incident, was not wearing a seat belt and performed a sharp turning manoeuvre when the fatal accident occurred. However, this tragedy was a result of the company failing to abide by its Health and Safety obligations as well as established and obvious construction safety guidelines.

    The employee should never have been driving the forklift as he had not received the correct … more

  • Non-Guaranteed Overtime to be included in Holiday Pay

    Tags: Unlawful Deduction of Wages, Holiday Pay, Employment Law, Employment Tribunal

    Big happenings this week in the world of employment law in the form of Bear Scotland Ltd & others -v- Fulton & others. In this widely reported case the Employment Appeal Tribunal (EAT) handed down a much anticipated decision as to whether holiday pay should be calculated to include remuneration beyond basic salary. It was held that this would be the case for the standard four-week annual leave entitlement but not for the additional 1.6 weeks under the UK’s Working Time Regulations 1998 (WTR).

    This decision in principle confirmed that the WTR can (and should) be interpreted in a way that gives effect to the requirement of Article 7 of the Working Time Directive that holiday pay reflect “normal remuneration”. The most worrying aspect of this for employers is that … more

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  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

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