Archives

Archives / 2015 / June
  • How to manage the workforce in a Heatwave

    A heatwave is expected to arrive over the British Isles, bringing temperatures in line with our continental neighbours like Spain and Portugal - though it may get a lot hotter. Although many you will be thinking about BBQs and visiting the beach, some unlucky folks will be stuck in work.

    Employers should be aware of the potential effects of the heatwave on their employees. Employees at work may be at risk of suffering from heat exhaustion, dehydration, heatstroke all of which can be life threatening.  In addition to these risks, high temperatures can also cause lethargy and loss of concentration, increasing the chances of accidents at work. 

    It is important for employers, as part of their duty of care towards their employees to take steps to minimise the potential risk.  … more

  • 4 Step Guide to Dealing with Employee Resignations

    Tags: Restrictive Covenants, Settlement Agreements, Garden Leave, Employment Law, Employment Tribunal

    Quite often employers contact me in respect of how they should deal with an outgoing employee, particularly if it is a member of their management team. So I have put together a short guide to help you deal with an exiting employee: 

    1. Exit interview: Arrange a meeting with the outgoing employee to ascertain the reason for their departure, sometimes it will have nothing to do with how you run your business but everything to do with salary. Having said that sometimes an employee (as they will have nothing to lose) may provide you with constructive criticism which may help you retain employees in the future (providing you implement their recommendations).

    2. Garden leave: you can only place an employee on garden leave if there is a provision for it in their employment contract. A … more

  • Company fined £18k for unsafe working practices.

    Tags: Health and Safety

    Recently, a scaffolding company, Southern Tube Scaffold, has been prosecuted and fined for putting the safety of its workers and the general public at risk when undertaking refurbishment work to a property which required providing a four lift scaffold and a temporary roof.

    Following a complaint made to the Health & Safety Executive (HSE) by a member of the public, HSE visited the site complained of. It was found that the company failed to provide its workers harnesses, guardrails or any other fall mitigation equipment to protect them from the risk of falling whilst they were on the roof. Further, the way in which items from the roof were being removed also posed a potential risk to the public at large. The company pleaded guilty to breaching regulation 4(1)(a) and 6(3) of the Work at … more

  • Are GP’s employees, workers or self-employed?

    Tags: Employment Status, Employment Law, Employment Tribunal

    When you are a professional, as the term suggests, you have obtained the required standard of knowledge and/or experience in a certain field to be able to charge for your services. How one goes about charging for that service, whether via direct employment, contracting for services or being self-employed, is more diverse in today’s skills marketplace than ever.

    In the medical sphere in particular, the construction of how one goes about getting paid for all that hard work can sometimes cloud the issue as to one’s employment status, something it is important to be certain of if problems arise.

    One such instance recently arose in the Employment Appeals Tribunal (‘EAT’) case of Suhail v Barking Havering & Redbridge NHS Trust. In this matter the Claimant, Dr … more

  • Must employees report their own misconduct?

    Tags: Unfair Dismissal, Breach of contract, Employment Law, Employment Tribunal

    Within every contract of employment there is an implied duty of trust and confidence, however does this implied duty extend to an employee having to disclose their own misconduct? 

    This issue was recently dealt with by the EAT in The Basildon Academies (“the Academies”) v Amadi. In this case Mr Amadi, a Cover Supervisor, for the Academies was dismissed for breaching his contract by not disclosing an allegation of sexually assaulting a pupil at Richmond upon Thames College. The Academies argued that Mr Amadi breached his express contract as well as the implied duty. 

    Upon examination of Mr Amadi’s contract there was no express duty on him to inform the Academies of all allegations made against him, there was only a duty to disclose allegations that he knew or … more

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  • Clearing the Air on Commercial Disputes

    Tags: Commercial Litigation, Commercial Disputes, Contract, Time Limits, Breach of Contract, Court, Remedies, Damages, Specific Performance, Rescission

    Navigating your way through a commercial dispute can be time consuming and stressful. Disruption caused to your business and the impact on managerial time can be costly.

    Commercial disputes are becoming increasingly commonplace, and therefore it is essential that businesses obtain strategic advice as soon as possible in any dispute so that they can minimise the impact on the business.

    Generally speaking, the law takes the view that a contract is formed between parties when one party makes an offer to another who accepts the offer. The parties have to be certain as to the terms of the contract, there has to be an intention to create a contract and there has to be ‘consideration’ i.e. there has to be some value.

    A contract does not need to be in writing or signed for it to … more

    

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