Contents tagged with ACAS
NHS Secretary Becomes Oldest Person To Win Age Discrimination Case
An 88-year-old NHS secretary who was dismissed from her job over “frailty” claims has become the oldest person to win an age discrimination case.
Eileen Jolly was fired from her role at the Royal Berkshire Hospital in Reading in January 2017. She was 86 years old at the time.
Her age came under scrutiny after she allegedly failed to upload details of cancer patients into a new electronic database, which meant that 14 women had to wait more than a year for non-urgent surgery.
The error prompted Jolly’s colleagues to inform her boss that they were concerned her age was affecting her performance.
Jolly, who had been working at the hospital for 25 years, felt “humiliated” and “ … more
UK Government Annouces New Code Of Practice To Tackle Workplace Sexual Harassment
A new statutory Code of Practice will be developed by the Equality and Human Rights Commission in order to guide employers on their legal responsibilities regarding sexual harassment in the workplace. This was one of 12 actions recently announced by the UK government as it makes confronting workplace harassment a priority.
The announcements are in response to the July 2018 recommendations of the UK Women and Equalities Committee, which called for (1) putting sexual harassment at the top of the UK government’s agenda; (2) requiring regulators to take a more active role in tackling harassment; (3) making enforcement processes work better for employees by setting them out in the Code; (4) … more
Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.
Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.
An employee with qualifying service (two years continuous service) is protected from unfair dismissal. A fair procedure, including investigation, disciplinary and appeal stages, should be followed before reaching … more
This recent case highlights the importance of following the ACAS code of conduct when dealing with disciplinary matters correctly, before dismissing an employee.
The employee, Mrs Smith, was dismissed for gross misconduct for emailing a colleague referring to another colleague as a “knob-head”. Her first disciplinary hearing was postponed when she was ill, but her employer refused to postpone the re-arranged meeting when her union representative was unable to attend. The Employment Tribunal rendered the dismissal “unfair procedurally and fatally flawed”.
Mrs Smith was found to have been unfairly dismissed and awarded over £20,000.
Read the full judgement here
If you need any help and advice in relation to a disciplinary matter, please … more
Regardless of the service requirement having increased to two years in 2012, unfair dismissal claims remain to be common types of claims brought in Employment Tribunals (ET), and now more often than not they are ‘dressed up’ as automatic unfair dismissal claims (i.e. those not requiring the service requirement). So I thought I would put together a quick reference guide for you to consider before you dismiss your employee.
1. Follow the ACAS Code on disciplinary procedures which includes carrying out the following:
A careful and fair investigation of the issues;
Inform your employee of the issues of concern in writing setting out a date for a disciplinary hearing and informing them the right to be accompanied;
Conduct a disciplinary hearing, ensure minutes are taken and … more
Mandatory ACAS conciliation has been bandied about for the best part of a year, and it’s finally coming into play on 6 April 2014. So will this new concept revolutionise the concept of early settlement?
This remains to be seen, however for the first time since the creation of Employment Tribunals (then called Industrial Tribunals) in 1964; all potential claimants will need to contact ACAS before submission of a claim. The idea is that ACAS will offer the opportunity for Early Conciliation (EC) and this will lead to resolution of the dispute saving parties time and cost.
Whether you are a potential claimant or respondent the burning question will be how will it work? Well, there will be four steps to the procedure which will be administered through ACAS:
1. … more
The Government is acting on the promise they made last year to commit to working families in the 21st century through the publication of the Children and Families Bill. You may recall that the proposals relating to changes in employment law included shared parental leave, pay and extending the right to request flexible working to all employees – this has now been put in motion. The Bill has been through its first reading and though all is not yet clear, we now have a fair idea of the changes to be implemented.
New statutory rights to shared parental leave and pay
The Bill creates new rights for shared parental leave and statutory shared parental pay. The precise detail of how the shared parental leave and pay scheme will work, including eligibility criteria, will be … more
It is generally accepted that a dismissal is fair where an employer has conducted a proper investigation and reasonably concluded the allegation has been proven based on the evidence before them. However, what happens when a dismissed employee's professional body decides to take no action over the same incident? Does this make the dismissal outside the range of reasonable responses?
The Employment Appeal Tribunal (EAT) dealt with this issue in the recent case of Bryant v Sage Care Homes Ltd
Ms Bryant had worked as a registered nurse for 40 years with an unblemished record.
Ms Bryant began working at Sage Care Group (‘Sage’) in 2005 often deputising in the manager’s absence. On 6 June 2009 while carrying out the drug round, … more
This week, Deputy Prime Minister, Nick Clegg announced that, from 2015, the UK will have a new system of flexible parental leave and the right to request flexible working will extend to all employees from 2014.
The Government’s Modern Workplaces response on flexible parental leave states that:
The default position in respect to maternity leave will remain at 52 weeks;
Fathers will continue to be entitled to two weeks’ paid paternity leave;
Up to 50 weeks of the maternity leave can be taken as flexible parental leave, if the mother returns to work. The remainder of any maternity leave can be shared between the mother and her partner. If the mother notifies the employers in advance of her early return then the balance of the leave can be taken by the parents together, … more
For those of you following my blog and/or keeping up with the rapid employment law proposals which are ultimately to assist business growth in today’s challenging economic conditions, may find this round up of this week’s events useful.
The Enterprise and Regulatory Reform Bill
The Enterprise and Regulatory Reform Bill, which was mentioned in the Queens speech this year, was laid out before parliament on the 23 May. It is essential for employers to keep up with the bill as it sets out a number of amendments to the current legislation.
The Bill sets out the following amendments:
1. A mandatory period of ACAS conciliation before presenting claims to an employment tribunal (guidance on this will be published in due course). I think this may help employment disputes to be … more