Contents tagged with Notice Pay

  • Can You Make An Employee On Maternity Leave Redundant?

    Tags: Redundancy, Maternity Leave, Redundancy Pay, Notice Pay, Employment Law, Employment Tribunal, Statutory Maternity Pay, Pregnancy and Maternity Discrimination

    Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

    Genuine Redundancy Situation

    You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim.  So, you must have evidence to prove why you need to make redundancies.

    Fair Selection Process

    You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more

  • Notice Jumping and Penalty Clauses

    Tags: Notice Pay, Breach of Contract, Employment Law, Employment Tribunal

    Giving notice to quit employment while often a simple act, can sometimes lead to disputes between the outgoing employee and their soon to be former employer. The logic to this is simply that one is trying to leave, preferably as soon as possible, while the other is now having to fill the gap left by the leaver and requires time in order to fill said gap.

    The concept of ‘notice jumping’, though it means a breach of contract on the part of the leaving employee, is nothing new and happens every day in practice. The core question often put to us by employers is what can they do about it?

    The recent Employment Appeals Tribunal (EAT) case of Yizhen Li v First Marine Solutions gives some assistance in answering this question in limited circumstances.

    Miss Li was employed as an … more

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  • 3 Things We Learnt In Law This Week (18 April 2019)

    Tags: Employment Law, Employment Tribunal, Unlawful Deductions, Overtime

    Holland & Barrett Employee Wins Overtime Case

    A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.

    Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.

    Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more

    

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