Archives

Archives / 2016 / December
  • Aftermaths of the Christmas party: Vicarious liability

    Tags: Vicarious Liability, Employment Law, Employment Tribunal, Christmas Party

    Following on from our earlier article, this month, I think it’s safe to assume that most of you have had your Christmas party. For the majority, I’m sure it’s been a pleasant experience, however, for some, the night may not have ended as pleasantly as it had begun. This raises the question of when a company is vicariously liable for an assault at a Christmas party. 

    This question was recently answered by the High Court in Bellman v Northampton Recruitment; in this case Mr Bellman, a manager, was seriously injured as a result of an assault by Mr Major, a company director, following a Christmas party. The assault caused brain injury, and the decision was taken to sue the company, and in effect its insurers, rather than Mr Major personally. 

    When examining the … more

  • Unpaid compensation in employment tribunal claims

    Tags: Unfair Dismissal, Sex Discrimination, Employment Law, Employment Tribunal, Leeds

    Hitting the news last week was the fact that Lucy Ward, former Leeds United employee, had still not received the compensation awarded to her by the employment tribunal months ago.  At the time, we reported on her successful claim of unfair dismissal and sex discrimination against the Club.  If you missed our article, check it out here. 

    Unfortunately, Ms Ward is part of a worrying statistic that a high proportion of claimants who are awarded compensation by the employment tribunal do not receive the money.  Less than half of all claimants receive their compensation in full, some receive only a small amount of the compensation awarded and over a third receiving absolutely nothing.  So, why does this happen?

    Pursuing an employment tribunal claim against an … more

  • Winter weather policies at work

    As December well and truly kicks in, the weather has become fairly mild and the possibility of a white Christmas seem unlikely. In Leeds, we’ve already had our first flurry of snow disrupt the roads and, inevitably, impact upon employees getting to work. This brought with it questions from employers about what they should do when their staff cannot get in to work as a result of the inclement weather. We recommend our clients have a policy in place to deal with travel disruption but, if you don’t have a policy, consider implementing one. Here are my top tips for what a policy should include in anticipation of some wintery weather over the forthcoming months.

    Make sure staff know that they should make every effort to attend work for their normal working time in adverse … more

  • Have yourself a merry little, stress-free Christmas party!

    Tags: Employment Law, Employment Tribunal, Christmas Party, Leeds

    So, December is upon us once again and as we all concur about the year passing by in a flash, the festivities build.  December sees the start of Christmas party season within the workplace.  From office-based lunchtime functions, to post work beverages, to all expenses paid Christmas parties and everything in between; whichever category of celebration you fall into, it’s worth thinking about how to ensure your Christmas do runs smoothly.

    Here are our top tips for ensuring your festive function is stress-free!

    Pre-party preparation

    And by preparation we don’t mean ensuring the food and beverages are fully stocked (although it’s perhaps a good place to start) … what we mean is thinking ahead about what, if anything, you want to communication to staff … more

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  • 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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