I know that over the years we have said some pretty harsh things in this blog about assorted government proposals and consultation exercises, but I take it all back. There is a new kid in town, the HM Treasury/HMRC consultation document on Simplification of the Tax and National Insurance Treatment of Termination Payments https://www.gov.uk/government/consultations/simplification-of-the-tax-and-national-insurance-treatment-of-termination-payments and … Continue Reading
In Newbound –v- Thames Water the Court of Appeal has recently upheld the ruling of the Employment Tribunal that Mr Newbound had been unfairly dismissed for gross misconduct despite his breaching company health and safety rules. The case highlights the difficulties faced by employers trying to enforce compliance with new health and safety procedures, but … Continue Reading
Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading
Back in January 2013, my colleague David Whincup published a blog about an Iowa dentist who dismissed his assistant because of the threat which his wife considered her to pose to their marriage. For those happy few who have spent the last 17 months wondering what would happen in similar circumstances in the UK, wonder … Continue Reading
It is rare that an employer wins its Tribunal case but still covers itself in so little glory as did Hampshire Police this month in its defence of a whistleblowing allegation brought by former policeman Mr Panayiotou. Mr Panayiotou was a chap with a strong, not to say obsessive, sense of right and wrong. He … Continue Reading
A politician who refuses to change his mind, regardless of any change in relevant circumstances, is oddly often praised for being “principled”, “strong willed” and “resolute”. However, employers who take the same approach to their employees are almost invariably hauled over the coals in the Tribunals – circumstances alter cases, after all, for all but … Continue Reading
The law is not an exact science, and employment law among the least of all. The test supposed to be used by the Employment Tribunals to determine the fairness of a dismissal is whether it falls “within the range of reasonable responses”, so potentially allowing for a whole variety of right answers to the basic … Continue Reading
Last week the well-publicised and drawn out litigation between Sharon Shoesmith and London’s Haringey Council was resolved by settlement. For those unaware of the case, Shoesmith was the Director of Children’s Services at Haringey at the time that a 17 month old toddler, Peter Connelly (known at the time as Baby P) was beaten to … Continue Reading
You may recall a few months back a blog post Cricket Australia’s legal position turns to Ashes on the sacking of the Australian Cricket team’s coach Mickey Arthur, two weeks ahead of the team’s Ashes test tour of England and less than two years into the job. We now know this drastic action by Cricket … Continue Reading
As part of the new financial services regulatory framework introduced in April 2013, the Financial Conduct Authority – successor to the Financial Services Authority – has the power to issue warning notices. Whilst the FSA had a similar power, what is significant about the new regime is when the notices can be issued: it is … Continue Reading
You know that there is something seriously amiss with employment relations in the UK when Acas’ new Guidance on settlement agreements has to run to 83 pages. This is of course on top of its Code of Practice which contains another 11. So that is close to 100 pages dedicated essentially to how to agree … Continue Reading
Those who thought that the debate about where to draw the line in accommodating religious beliefs at work had been pretty much ended by the Equalities & Human Rights Commission’s Guidance on Religion and Belief in the Workforce (see our post of 15 February) should think again. The Telegraph online reported last week that the … Continue Reading
Back in October we suggested that the Government’s employee shareholder status proposal was a clear case of attaching too much credibility to its own publicity, and was destined to fail – ill thought-out, with insufficient consideration given to how it would actually work in practice, as opposed to party political conference cosmetics. Since then, much … Continue Reading
If there is one thing to unify outrage across the political spectrum, it is the pay-outs which are often reportedly made to “failed” senior figures on departing their roles. The most recent example is George Entwistle, who may go down in history as the shortest serving Director General of the BBC, having managed to stay … Continue Reading
Squire Sanders presents a series of webinars focussing on the key labour and employment issues in various countries throughout Europe, Asia Pacific and the Americas. On 30 October 2012 at 4.00pm GMT (5.00pm CET, 12.00pm EDT) the featured country is Spain. Ignacio Regojo and Juan Nasarre from Squire Sanders’ Madrid office will provide an update … Continue Reading
The sort of heading to a case report which leads even the most tired and jaundiced of employment lawyers to prop open an eyelid long enough to take a look. The case in question concerned two care- home employees. Despite what might strictly be thought to be unnecessary instructions to remain awake during their shift, … Continue Reading
“I told you so” has always been one of the least attractive things one adult can say to another, but I did and I was right, so there. Earlier posts on this blog have expressed a degree of scepticism as to whether the Government’s “protected conversations” concept could ever be translated into clear and cogent … Continue Reading
Hot on the heels of the hapless Shearman & Sterling trainee and his inappropriate emails (see post 20 February), transatlantic financial news site hereisthecitynews http://hereisthecity.com/ brings word of another promising candidate for the 2012 Employment Law Worldview Career Suicide Awards. Imagine that you work for an international bank in one of the largest skyscrapers in … Continue Reading
Is there a point, you wonder, when discrimination law becomes too much of a good thing? Sitting with last night’s London Evening Standard Evening Standard – Home RSS feed, you find reports of Employment Tribunal discrimination proceedings on pages 3, 6 and 8, with a small trot off to the Employment Appeal Tribunal Judgments for … Continue Reading
Making a number of appearances in the press recently is the sad story of a trainee at US law firm Shearman & Sterling. He was part of a group of four City workers (two lawyers and two brokers) whose emailed list of “rules” for a lads’ holiday in Dubai went viral, ending up as national … Continue Reading
More hot news from the Department of Cheap Political Gestures earlier this week. Under the not even remotely inflammatory headline “Old Slackers Face the Boot” the Evening Standard Evening Standard – Politics RSS feed reports somewhat vaguely on new Government proposals to help employers with the tricky issue of raising retirement with their older staff. … Continue Reading
Hurrahs and cheers can heard from employers across the country this month as the Government announces proposals for major reforms to the UK Employment Tribunal system. But will they work? The changes announced by Chancellor George Osborne at the Conservative Party conference in Manchester at the beginning of October include the introduction of an … Continue Reading
News just in from the Department for Business Innovation and Skills (BIS) that the Government intends to increase the minimum length of service for ordinary unfair dismissal claims back up to two years in April next year. This is with a view to “a saving to British industry of around £6million”, and is intended to … Continue Reading
There are some interesting nuggets lurking within the Ministry of Justice statistics for the Employment Tribunal Service for the year to 31 March 2011, released this week. The figures record an overall number of claims in excess of 218,000 across the UK. The good news is that this is 8% down on 2009/10, but the … Continue Reading
