What is the critical question when deciding claims for unfair dismissal on grounds of ill-health? The Court of Session held in BS v Dundee City Council that it was “whether any reasonable employer in all the circumstances would have waited longer before dismissing the employee”. In determining the above question in circumstances where an employee […]
Constructive Dismissal – Reason for Leaving Test
In a constructive unfair dismissal claim, does the breach of contract by the employer have to be the principal reason for the employee’s resignation? No said the EAT in Wright v North Ayrshire Council. The Claimant was employed by the Council as a care at home assistant for just under seven years from 3 December […]
Financial Penalties for Employers – Likely Commencement Date
Section 16 of the Enterprise and Regulatory Reform Act 2013 (“the Act”) will be implemented in April 2014 according to Jo Swinson (Minister of Employment Relations). This section, when in force, will empower Tribunals to impose financial penalties on employers where they breach a workers rights and there are “aggravating features” The penalty will be […]
Free Employment Law Seminar for Employers
Astons Solicitors will be hosting a Free Employment Law Seminar on 8th October 2013 at the Holiday Inn Northampton, Bedford Road, NN4 7YF. Registration will be from 8.30am with complimentary breakfast rolls and tea and coffee. The seminar will commence at 9am and aim to conclude by 11am. The Seminar will be hosted by Partners […]
Sickness Absence and Holiday Pay
In the recent EAT case of Sood Enterprises v Healy it was held that additional annual leave cannot be carried forward into the next leave year, unless there is an agreement in place between the parties. One of the difficult questions concerning the relationship between statutory holiday rights and long-term sick leave is the apparent […]
The Employment Tribunal Fees Order
As of this Monday (29th July 2013) all new claims made to an Employment Tribunal or appeals to the Employment Appeal Tribunal (EAT) will carry an issue and a hearing fee payable by the Claimant. The new legislation is ordered in The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 Claims have been […]