Contents tagged with Employment Law
With Valentine’s Day making February the month for romance, this month we take a look at some of the potential risks to employers when romance blossoms amongst employees and the steps that can be taken to address these.
Why Should An Employer Be Concerned About Its Employees Forming Romantic Relationships In The Workplace?
Romantic relationships between employees in the same organisation can expose the employer to a number of legal risks. These are most likely to arise when one employee is pursuing another to start a relationship or, even more so, when the relationship breaks down. The most obvious legal risks are as follows:
This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more
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
Under section 94 of the Employment Rights Act 1996, an employee has the right not to be unfairly dismissed. If an employer wants to dismiss an employee with the necessary length of service, the employer needs to be able to show that they had a good reason to take that action and that they did so in a fair manner.
If an employee started work with the employer after 6 April 2013, they need to have built up two years’ continuous service before they’re protected by the law. Those who started work before that date need to only have one year’s continuous service to achieve the same protection.
If an employee enjoys protection under the law, the employer needs to be wary when considering dismissal.
There are five potentially fair reasons for dismissing an … more
Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director
An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.
Benson’s Vending dismissed Darren Atherton for gross misconduct without notice after a string of social media posts in which he told his manager to stick his Christmas gift “where the sun doesn’t shine”.
Atherton had been employed by the vending machine company from April 2012. The ET heard managing director Ken Haselden had a practice of giving a discretionary Christmas bonus gift to employees. These gifts … more
Allegations of workplace bullying are difficult for an employer to deal with because bullying can be hard to recognise and define. In this article we look at how employers can best handle a bullying grievance.
What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of the beholder – one person’s robust management style is another’s bullying, and the employer faces the unenviable task of adjudicating where the line between acceptable and unacceptable behaviour lies. While most people will agree what constitutes bullying in extreme cases, there is a grey area in the middle which may cause more debate.
It’s an easy word for an employee to throw out in the heat of the moment, “she’s … more
Disabled Shop Worker Wins Tribunal Award From M&S Over Lift Key
An Employment Tribunal (ET) has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled shop worker with a lift key to allow him to reach the toilets more easily.
In Mitchell v Marks and Spencer plc, the ET held that the employer breached its duties under section 20 and section 21 of the Equality Act 2010 to make reasonable adjustments for disabled workers.
Mr Mitchell has a disability that requires him to go to the toilet frequently. He reached the second-floor staff toilets using the goods lift, the stairs, or a combination of the escalator and the stairs.
An operation meant that Mr Mitchell anticipated more frequent toilet visits. He said that both before and … more
Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal ('ET') recently in Ball v First Essex Buses.
A bus driver was dismissed for failing a drugs test. He had been employed for 20 years with an unblemished disciplinary record. He was diabetic. He did finger prick blood tests throughout the day and would lick his fingers to stop the bleeding. His bus route took in lots of students and he handled lots of cash. He argued that his drug test had been contaminated by cocaine on bank notes. He also argued that the test was conducted without gloves or prior handwashing and so was open to contamination. He provided his own drug tests which tested negative for cocaine.
The ET ound that the employer’ … more
What position should an employer take regarding an employee who has committed a criminal offence outside of work?
We are all aware that, when someone is charged with a criminal offence, they are innocent until proven guilty. Any dismissal will be unfair unless it is for one of the statutory fair reasons and as employer you act reasonably in all the circumstances.
If an employee is convicted of a criminal offence occurring outside work, a dismissal is only likely to be fair if that criminal offence has some material impact on the employee’s ability or suitability to do their job or affects their acceptability to other employees to a material extent.
ACAS has made it quite clear that just because an employee has been charged or convicted with an offence, … 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
2018 has been a landmark year for employment law with gender pay gap reporting and widespread claims of workplace sexual harassment dominating the headlines. It looks like 2019 will be just as busy with a number of legal changes on their way. Below we list just ten changes that employers will need to look out for.
Increase in NMW Rates
Both the National Living Wage (NLW) and National Minimum Wage (NMW) rates will increase in April 2019. Under the new NLW, the minimum hourly rate that workers aged 25 and over are entitled to will increase from £7.83 to £8.21. The NMW rate for workers aged between 21-24 will increase from £7.38 to £7.70 an hour; the rate for 18-20 year olds will increase from £5.90 to £6.15 an hour and those over compulsory school … more