It has been annual review season here at Squire Patton Boggs. Looking back over my efforts this year in the usual endeavour to justify my own existence, I have spotted the same scenario cropping up with unusual frequency. An employee tells their employer that they have experienced something at work that they are not too … Continue Reading
Last week saw the publication of the draft Acas Code of Practice for handling requests for a “predictable working pattern”. When we previewed the draft Bill in February, we noted here Knew this would happen – entirely predictable problems with new working patterns Bill (UK) the lack of any definition of “predictable” despite the obvious … Continue Reading
Oops. Just found an unanswered question left over from our investigations webinar and blog series earlier in the year. Apologies if it was yours. The question revolves around employer and investigator interactions with the Police where the subject matter of your workplace investigation is potentially criminal conduct, and is maybe best answered as a series … Continue Reading
Every so often there comes along a case which is not madly interesting on its own facts (stay with me here) but which still serves as a useful future touchstone on a particular issue. If your particular interest is constructive dismissal, and in particular, constructive dismissal through the route of the proverbial last straw, then … Continue Reading
On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading
If you look for the statutory source of the ordinary right to bring a workplace grievance, you may be gone some time. It arose initially as a by-product of the implied duty of trust and confidence, and formally bubbled to the surface in WA Gould (Pearmak) Limited – v – McConnell in 1995. There the … Continue Reading
A new manager arrives in the department. He is notably unburdened by people skills. Employees begin to leave. The protagonist of this story (let us call her Sarah) does not actually get it in the neck from Bad Boss very much, but she can see his actions having a toxic effect on the team. She … Continue Reading
Gibbs -v- Leeds United Football Club concerned the former Assistant Manager of the Club who took his £330,000 constructive dismissal claim to the High Court so as to sidestep the compensation ceiling in the Employment Tribunal. Having fairly easily established the fundamental breach of contract necessary to win his claim against Leeds, Mr Gibbs then … Continue Reading
It is a common issue facing employers; you want to start or take next steps with a grievance or disciplinary investigation. To do the right thing you want to meet with the employee to discuss your concerns but the worker is on sick leave or goes sick, often citing work-related stress. Can you contact the … Continue Reading
