Archives

Archives / 2015 / August
  • How to deal with laying employees off

    Tags: Redundancy, Constructive Unfair Dismissal, Lay-off, Short Time Working, Employment Law, Employment Tribunal

    In some industries work is seasonal and employees expect a short lay off and/or ‘short time’ working period per year to cater for this, most employees use this period to take their annual leave. Unfortunately for the majority of businesses laying staff off or putting them on short time hours has resulted from the challenging economic climate.

    Businesses continue to face hard decisions like whether they should make staff redundant or whether they should consider a temporary ‘lay off’ period in the interim to ascertain whether business will eventually pick up. 

    So when is it appropriate for a lay-off or short-time working? 

    Please note: the statutory procedure for lay-offs/short time working as set out in the Employment Rights Act 1996 (“ERA”) … more

  • The posts that can cost the most: Facebook and Gross Misconduct

    Tags: Unfair Dismissal, Social Media, Facebook dismissal, Employment Law, Employment Tribunal

    By this point, some eight years after it became a household name, we are all more or less au fait with the ubiquitous ‘Facebook’; it is indispensable for many, inescapable for some. 

    It seems however that the legal ramifications for employees making derogatory statements about their employers has still to yet fully sink in. While many users of the app may think that they are posting to a limited audience, it does of course have the capability to make such posts go much further and become the equivalent of taking out a full page advert in a national newspaper.

    Still though it seems the cases keep coming in respect of posts and their implications for those that make them and the wider employment law. The most recent example comes in the form of the Employment Appeals … more

  • Care home fined £100,000 for the death of a 96 year old resident

    Tags: Health and Safety

    Recently, the owners of Pontcanna House Care Home in Cardiff have been ordered by Cardiff Crown Court to pay £100,000 for the disastrous death of May Lewis, a 96 year old resident who had only been in their care for 5 days. In 2012, the 96 year old pensioner was wheeled to her death as her carer stepped backwards into the empty lift shaft, also leading to her own severe, life-threatening injuries. 

    It emerged during the trial that the care home owners, Shirwan Al-Mufti and Nasik, had previously been given warning not to use the broken lift by engineers. In order to ensure that the lift could not be used, the engineers had locked the second floor lift door. However, the owners recklessly disregarded the advice of the professionals and directed the staff to continue using the … more

  • How to conduct a grievance hearing: discrimination allegations

    Tags: Discrimination, Grievance process, Employment Law, Employment Tribunal, Grievance Hearings

    Discrimination is a complex and sensitive area of employment law, and can, and often does, detrimentally affect many aspects of peoples’ lives. Although often insidious in the workplace, this does not mean that employers should not take the necessary steps to ensure that it is eliminated, and where it still exists, to combat the issue quickly and competently.

    Those suffering from discrimination do not always feel confident to complain about it, especially if the perpetrator is a senior member of staff. They may worry that it will be seen as an over-reaction or that the complaint will only make the situation worse. This can lead to the employee simply resigning, giving them the basis to sue for constructive unfair dismissal as well as discrimination. In light of this, it is … 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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