Contents tagged with Redundancy
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
Consultation On Extending Redundancy Protection For New Parents
A recent study by the Department for Business, Energy and Industrial Strategy found that one in nine returning to work after maternity leave were fired, made redundant, or treated in a manner which forced them to leave their job. The study also found that as many as 54,000 women per year are losing their jobs as a result of their pregnancy or maternity leave.
With Brexit fast approaching, Theresa May is said to be "determined to do even more as we leave the EU", including by building on the current EU requirements on maternity and paternity leave protection.
The government is now seeking views on plans to help protect new mums returning to work from the risk of redundancy. Currently, new mothers have additional … 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
Following on from our article ‘How to avoid compulsory redundancies’ a few months ago, unfortunately there can be instances where a business simply has no alternative but to consider cutting staff to reduce costs.
If that is the case then there are important rules that you must follow and if you fail to do so then any redundancies you may make could be unfair and you could be taken to a tribunal. You must identify which people you will make redundant and ensure you select people fairly.
If you don’t consult employees in a redundancy situation any redundancies you make are likely to be unfair.
If you plan to make fewer than 20 redundancies then there are no set rules relating to the length of the consultation process but it is good practice to … more
With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.
Ensure that you keep in touch with employees whilst they are away on maternity leave.
Line managers should agree with employees that are due to go off on maternity what “reasonable contact” would be appropriate before their leave starts. Once agreed, you can use this time … more
The last year has seen a number of major businesses collapse, notably Monarch Airlines and now this week, Carillion.
Carillion’s financial troubles were well documented but the fact that the company went straight into a compulsory liquidation, rather than administration, caught some by surprise.
Administration allows the appointed administrators of a company to continue to operate a Company as they attempt to find a buyer for the business, or parts of the business. By entering liquidation the company ceases to trade and the liquidators role is simply to realise any assets and distribute them to creditors. The fact that Carillion bypassed an administration shows that there were no assets to sell and no viable parts of the business.
Carillion has contracts to provide school meals, … more
As we count down to the New Year, let’s remind ourselves of 2015’s key judgments. They include cases on: whistleblowing, working time, annual leave during sickness absence, holiday pay, disability discrimination, redundancy consultations, recruitment, and the role of HR in disciplinary proceedings.
1. HR’s role in disciplinary proceedings
In Ramphal v Department for Transport it was held by the Employment Appeal Tribunal (EAT) that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by HR. Thus, HR should refrain from lobbying managers to reshape their view on culpability and limit their advice essentially to questions of law, and procedures and processes.
2. Right to be accompanied: a new type of claim?
It was held by the … more
In some industries work is seasonal and employees expect a short lay off and/or ‘short time’ working period per year to cater for this, most employees use this period to take their annual leave. Unfortunately for the majority of businesses laying staff off or putting them on short time hours has resulted from the challenging economic climate.
Businesses continue to face hard decisions like whether they should make staff redundant or whether they should consider a temporary ‘lay off’ period in the interim to ascertain whether business will eventually pick up.
So when is it appropriate for a lay-off or short-time working?
Please note: the statutory procedure for lay-offs/short time working as set out in the Employment Rights Act 1996 (“ERA”) … more
The election is over and the Queen Speech has announced the programme of new laws the Conservative government intend to implement. How it will affect SME’s, only time will tell.
However, for those of you who are going to have to deal with scaling down staff, whether or not that’s related to proposals by the new government, I have put together a guide to ensure you deal with redundancies fairly:
1. First Consultation Meeting:
Meet with all of the employees who might be made redundant (as a group).
Explain the reasons for the potential redundancies.
Explain how many jobs are at risk of being redundant.
Explain the methods being explored to avoid the redundancies (for example, restrictions on recruitment, alternative employment, re-training, voluntary early … more
The inherent difficulties of operating a practice day to day are, of course, substantial. One area that can often be neglected in the pursuit of superior quality standards and patient care is HR and employment law issues.
While this question may present no problems when all is running smoothly on the ‘Good Ship Dental Practice’, there is however a wealth of legal issues potentially lurking beneath the surface for the unprepared practice owner and associate alike. So what can go wrong?
The starting point for avoiding problems is naturally when a new starter is issued with their contract of employment or services. This defines most contractual relationships however at present many practice owners provide associate dentists with a contract for … more