Archives

Archives / 2014 / November
  • Variation of Contract: Implied Acceptance

    Tags: Employment Law, Employment Contracts, Employment Tribunal, Variations

    The actual terms of one’s contract of employment can sometimes be an elusive thing to nail down. Many people are unaware that a contract can be altered without them ever expressly agreeing to such alterations being made and/or via implied custom and practice over a prolonged period of time.

    Nevertheless such variations to a contract of employment are entirely possible and occur all the time. It is often only when both the employer and the employee need to consider what the current terms of the employment relationship are that issues previously lying dormant come to the fore.

    In the recent Employment Appeals Tribunal (EAT) case of Wess v Science Museum Group such a situation arose. The question placed before the EAT was whether the Employment Tribunal (ET) of first instance was … more

  • Avoiding employment issues during your Christmas party

    Tags: Discrimination arising from disability, Disciplinary Procedure, Christmas Party

    As the festive season gets into full swing next week, many of us will be preparing ourselves for the Christmas party, where of course many of us intend to relax with colleagues over one or two, or in some cases, twelve drinks.

    This time of year is great for letting your hair down; however the concept of ‘liquid courage’ usually leads to no small amount of questionable antics, including but not limited to ritual abuse of the photocopier and a kiss or two under the mistletoe.

    Therefore as we prepare for our own Christmas party I have put together a few tips for ensuring a smooth office do!

    Preparation

    If you are worried about getting far too drunk then perhaps avoid alcohol or the party altogether. You could also consider stopping drinking after a certain time or … more

  • Employer sentenced after worker crushed to death

    Tags: Health and Safety, Death at Work

    A North Lanarkshire employer has been fined £24,500 when it admitted its negligence at Airdrie Sheriff Court after a 22-year-old employee was fatally crushed when a fork lift truck he had been driving in a yard toppled over, trapping his head against the ground, sustaining injuries from which he died.

    The employee who had only been working for the scaffolding refurbishment company for two weeks prior to the incident, was not wearing a seat belt and performed a sharp turning manoeuvre when the fatal accident occurred. However, this tragedy was a result of the company failing to abide by its Health and Safety obligations as well as established and obvious construction safety guidelines.

    The employee should never have been driving the forklift as he had not received the correct … more

  • Non-Guaranteed Overtime to be included in Holiday Pay

    Tags: Unlawful Deduction of Wages, Holiday Pay, Employment Law, Employment Tribunal

    Big happenings this week in the world of employment law in the form of Bear Scotland Ltd & others -v- Fulton & others. In this widely reported case the Employment Appeal Tribunal (EAT) handed down a much anticipated decision as to whether holiday pay should be calculated to include remuneration beyond basic salary. It was held that this would be the case for the standard four-week annual leave entitlement but not for the additional 1.6 weeks under the UK’s Working Time Regulations 1998 (WTR).

    This decision in principle confirmed that the WTR can (and should) be interpreted in a way that gives effect to the requirement of Article 7 of the Working Time Directive that holiday pay reflect “normal remuneration”. The most worrying aspect of this for employers is that … more

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  • How To Manage Workplace Relationships

    Tags: Sex Discrimination, Victimisation, Sexual Harassment, Employment Law, Human Resources, Valentine's Day, Workplace Relationships, Romantic Relationships

    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:

    Sexual Harassment

    This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more

    

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