We are starting to hear reports of cases before the Employment Tribunal where the Claimant has failed to comply with Early Conciliation either because they have wrongly stated that an exemption applies or as in the case of Thomas v Nationwide Building Society because the Claimant did not comply until after the claim was presented. […]
The risks for employers during this festive period
Christmas – a time for celebrating and the staff Christmas party is a great way of rewarding your hard-working employees. However, as an employer, are you aware that the party season can expose you to an increased risk of claims including discrimination, harassment and personal injury? ACAS have previously issued advice on the do’s and […]
Permanent Health insurance and fixed term employee
Do employers need to offer fixed term contract employees the same benefits as ordinary employees? Well normally the answer is yes to avoid claims for less favourable treatment. In the case of Hall v Xerox UK Ltd, the employer provided the benefit of income replacement for ill health through a third party. The Claimant suffered […]
Should overtime pay be included in the calculation of holiday pay?
Workers have today won a groundbreaking case at the Employment Appeal Tribunal to include non guaranteed overtime in the calculation of holiday pay. The case is Bear Scotland v Fulton (and conjoined cases) and the link to the case is here:- http://www.judiciary.gov.uk/wp-content/uploads/2014/11/bear-scotland.pdf Previously, many employers had worked on the basis that only basic pay counts […]
Deposit orders in the Employment Tribunal
Under Rule 39(1) of the Employment Tribunal (Constitution & Rules of Procedure) Regulations 2013 a Tribunal is permitted to make an order requiring a party to pay a deposit not exceeding £1,000 as a condition of continuing to advance an allegation or argument in the ET1 or ET3. Traditionally Tribunals could only order £1,000 in […]
ACAS Guidance on Parental Leave
ACAS has issued guidance on the new shared parental leave arrangements coming into force in December 2014 for babies due on or after 5th April 2015 where the parents meet the eligibility criteria. The guidance is comprehensive and covers best practice as well as some template letters and policies for employers to use. As always […]