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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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  • 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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