Archives / 2014 / June
  • Manufacturer prosecuted over forklift death

    Tags: Health and Safety

    A sauces manufacturer, AAK UK Ltd, has been fined £140,000 after a forklift truck driver was killed at a factory in Runcorn.

    The victim was using his forklift truck to load a lorry trailer outside the factory on the Astmoor Industrial Estate when another lorry reversed into the side of his vehicle. The forklift overturned, killing him instantly.

    The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found that forklift truck drivers had regularly driven onto a public road to load lorries, without the company putting any safety measures in place.

    Liverpool Crown Court heard the 49-year-old from Warrington had been loading pallets containing tubs of mayonnaise onto the trailer. He had finished loading one side and had moved into the road to reach … more

  • Notice Jumping and Penalty Clauses

    Tags: Notice Pay, Breach of Contract, Employment Law, Employment Tribunal

    Giving notice to quit employment while often a simple act, can sometimes lead to disputes between the outgoing employee and their soon to be former employer. The logic to this is simply that one is trying to leave, preferably as soon as possible, while the other is now having to fill the gap left by the leaver and requires time in order to fill said gap.

    The concept of ‘notice jumping’, though it means a breach of contract on the part of the leaving employee, is nothing new and happens every day in practice. The core question often put to us by employers is what can they do about it?

    The recent Employment Appeals Tribunal (EAT) case of Yizhen Li v First Marine Solutions gives some assistance in answering this question in limited circumstances.

    Miss Li was employed as an … more

  • Managing staff during the World Cup 2014

    Tags: Disciplinary Procedure, Employment Law, World Cup 2014

    I think it’s safe to say that every business will have employees that will avidly follow the World Cup. So the challenge for many of you will be how to balance the wishes of your staff with the needs of your business during the next couple of weeks.

    Here is some guidelines of good practice:

    1.    Communicate your approach to annual leave, unauthorised absence and use of the internet during the period.

    2.    Be flexible with annual leave requests particular after a match day, this will reduce unauthorised absence, sickness and ensure that performance remains at optimal levels. Also ensure that due consideration is given to all applicants, including those who support other countries; this will avoid any allegations of discrimination.

    3.   … more

  • The Queen’s Speech 2014: Employment Law Implications

    Our illustrious Head of State and all around good egg, Her Majesty Queen Elizabeth II, has given her annual speech signalling the opening of a new legislative session at Parliament, this being the last of such she will give under the current coalition Government.

    So aside from fainting junior members of the aristocracy, did anything of interest take place I hear you ask? Well in relation to employment law the answer to that question would be a resounding yes.

    Employers appear to have been divided over the proposed reform of zero hours’ contracts contained in the speech, as indeed they have been on the topic generally for some time. The proposal contained in the speech came in the form of the Small Business Enterprise and Employment Bill. The focus of such a Bill being said to be … more


  • 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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