HR
96 views | +0 today
Follow
Your new post is loading...
Your new post is loading...
Rescooped by David Readman from Employment law
Scoop.it!

Prison guard wins unfair dismissal case over dinner row

Prison guard wins unfair dismissal case over dinner row | HR | Scoop.it
A PRISON officer who was sacked for allegedly grabbing the neck of an inmate who was demanding second dinner helpings has won his case for unfair dismissal.

Via Chris Hadrill
David Readman's insight:

This case well illustrates the importance of employers taking a carefully balanced view before deciding to dismiss, especially when the employee has a significant period of service.

It is also interesting in that the reason the employer lost the case was through a failure of judgement rather than one of procedure.

more...
No comment yet.
Rescooped by David Readman from Employment law
Scoop.it!

Calls for review of "catastrophic" employment tribunal fees

Calls for review of "catastrophic" employment tribunal fees | HR | Scoop.it
LAWYERS have called on the Scottish Government to review "catastrophic" employment tribunal fees if the system is devolved as part of the Smith Agreement.

Via Chris Hadrill
David Readman's insight:

The original intention when the tribunal system was established following the Industrial Relations Act of 1966 was that neither party would need to be represented. Both sides could "state their own case".

However noble that intention was, it did not survive for long, with both Claimants & Respondents taking the view that "if they are going to be represented, then I need to be as well". What has survived is the general principle that neither side should pay the other's costs unless they had behaved unreasonably in some way.

This in turn created a system which many employers considered  to be unfair because it meant that disgruntled employees could bring often spurious claims against them at no personal cost, especially if they were represented by a trade union or a no-win no-fee solicitor.

 

In other words, employment law claims were cheaper to bring than claims in other areas of law. So has the recent change (introducing fees) really done anything other than bring employment law into line ?

 

Claimants who succeed at tribunal do recover the fees they paid from the Respondent. My own view is that employment law should be in line with other areas of law & not treated preferentially.

 

 

more...
No comment yet.
Rescooped by David Readman from Trade unions and social activism
Scoop.it!

Labour leader Ed Miliband drops just 2p into homeless woman's cup

Labour leader Ed Miliband drops just 2p into homeless woman's cup | HR | Scoop.it
On his way to deliver a speech, Ed Miliband first passed the woman in a green headscarf. Realising photographers were present, he doubled back. But appeared to drop just 2p into a cup.

Via Leicester Worker
David Readman's insight:

I may have said this before, but the trouble with democracy is that inevitably you get politicians.

more...
G. L. Taylor's comment, November 4, 2014 4:35 PM
Whilst I have no truck with any of the four stooges (who in truth are all no more than puppies to right of centre pro-business at ant cost) all the media is interested in is how much is puts in a cup not why have we got people begging on the street of modern day Britain.
G. L. Taylor's curator insight, November 4, 2014 4:50 PM

Whilst I have no truck with any of the four stooges (who in truth are all no more than puppies to right of centre pro-business at ant cost) all the media is interested in is how much is puts in a cup not why have we got people begging on the street of modern day Britain.

Rescooped by David Readman from newsyab
Scoop.it!

EXCLUSIVE: BBC waste more cash as staff given £10million in redundancy pay rehired - Breaking news around the worldBreaking news around the world

EXCLUSIVE: BBC waste more cash as staff given £10million in redundancy pay rehired - Breaking news around the worldBreaking news around the world | HR | Scoop.it
THE BBC has paid out more than £10million in redundancy to staff it has gone on to re-employ. Daily Express :: News Feed http://www.newsyab.com/exclusive-bbc-waste-more-cash-as-staff-given-10million-in-redundancy-pay-rehired/

Via NewsYab
David Readman's insight:

Of course this is wrong, but let's not pretend that it does not happen elsewhere. If you want people or organisations to behave honestly, then you need effective rules and controls in place.

And personal liability on the part of those who authorise the payments !

 

more...
No comment yet.
Rescooped by David Readman from ESRC press coverage
Scoop.it!

Unions must be realistic about the NHS's future - Telegraph

Unions must be realistic about the NHS's future - Telegraph | HR | Scoop.it
Were Unison and other unions to make a pitch for more pay alongside an acceptance that major changes are needed, their demands might be taken more seriously

Via ESRC
David Readman's insight:

It used to be that generous pensions in the public sector had to offset low salaries. That easy distinction has become blurred in recent years however.

Which of us would readily accept below inflation pay increase over a number of years without a serious argument - I know I wouldn't.

What really makes it worse is that it is politicians telling the NHS workers what we can't afford.

It does indeed come down to a question of raising taxes or cutting services

more...
Rescooped by David Readman from Employment law
Scoop.it!

Bar employers from advertising jobs for 'recent graduates', says Coaltion's older workers tsar - Telegraph

Bar employers from advertising jobs for 'recent graduates', says Coaltion's older workers tsar - Telegraph | HR | Scoop.it
Ros Altmann says the term is a 'euphemism' for younger employees and discriminates against the over-50s

Via Chris Hadrill
David Readman's insight:

Employers have equally valid reasons why they might prefer an older worker for their experience or a younger one who is cheap(er) and can be trained.

I believe that a reasonable mix of youth and experience makes sense & trying to outlaw it is unrealistic

more...
No comment yet.
Rescooped by David Readman from Employment law
Scoop.it!

40% of managers avoid hiring younger women to get around maternity leave

40% of managers avoid hiring younger women to get around maternity leave | HR | Scoop.it
Cost of maternity leave too high and women 'aren't as good at their jobs' when they return, survey of 500 managers says

Via Chris Hadrill
David Readman's insight:

I know that it is naïve to hope for honesty from politicians, BUT ...

 

Whenever they bring in some new work related benefit such as flexible working, wouldn't it be great if they said the cost would be borne by taxpayers rather than employers. If employers (especially small businesses) try to avoid flexible working it is usually because they are afraid that the additional costs will put them out of business.

 

 

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Maybe MPs should be on zero hours contracts

Maybe MPs should be on zero hours contracts | HR | Scoop.it
"There were a number of times when Vince looked a bit uncomfortable…you know the signs; fidgeting, increased swallowing and looking like a rabbit caught in the headlights." Glynis Millward reports ...
David Readman's insight:

After a week's holiday I thought I should see what I've been missing - and found this.

In my younger days I would have considered this far too radical, but now ....

 

I do like the idea of politicians being on zero hours. See, there is a case for zero hours contracts after all.

Whilst we're at it, how about performance related pay for them ? Would be hellish to monitor, but great fun.

 

Now what would be the most appropriate body to supervise their terms & conditions ? obviously not the politicians themselves, but someone truly independent.

 

 

 

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Glass workers on strike over 3% pay rise as boss awards himself 14% … and £750k - UnionNews

Glass workers on strike over 3% pay rise as boss awards himself 14% … and £750k - UnionNews | HR | Scoop.it
Unite members take action at Tyneside Safety Glass
David Readman's insight:

When you see reports of such a wide difference in pay increases as between what is offered to the general workforce and directors you begin to wonder whether European style Works Councils with worker representation can be all bad.

I have no problem with owners/entrepreneurs getting a higher reward having taken the initial risk of investing in their own business, but when I was involved in pay negotiation we looked at three factors, namely :-

- Rate of Inflation

- The "going rate" &

- Company profitability

 

Those three elements still seem valid

 

 

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Constructive Dismissal and Affirmation of Contract

Thanks to Will Young of Outer Temple Chambers for preparing this case summary

Can an employee be held to have affirmed the contract (and hence have lost any claim for constructive dismissal) if he or she gives longer than the contractual minimum notice period?

 

Yes, held the EAT in Cockram v Air Products Plc

 

The Claimant resigned his employment in response to what he considered to be a fundamental breach by the Respondent of the implied term of trust and confidence, but he gave 7 months notice rather than the 3 months required by his contract.

 

The EAT re-iterated that section 95(1)(c) of the Employment Rights Act 1996 varies the common law position by preventing the giving of notice when resigning from being automatically an affirmation of the contract.

 

Nonetheless, it held that the concept of affirmation remained relevant to the statutory question of whether there had been a constructive dismissal (as defined by section 95(1)(c) ERA). This would always be a fact sensitive question, and there was no rule that post-resignation conduct (such as working a long notice period) was excluded from consideration.

 

The Claimant had, for his own financial reasons, given a longer notice period than was contractually required, and had thereby affirmed the contract. His constructive unfair dismissal claim was therefore struck out.

David Readman's insight:

Comment

 

This Claimant overlooked something rather obvious.

 

The elements needed for a successful Constructive Unfair Dismissal are :-

A fundamental breach of contract by the employer (such as to warrant resignation with or without notice)Prompt resignation by the employer in response to that breach

 

In this case, by giving excessive notice the Claimant drew attention to his ulterior motives and the tribunal consequently decided that he had accepted (affirmed) the employer's breach (of contract).

more...
No comment yet.
Scooped by David Readman
Scoop.it!

ICO-disclosure-of-employee-information-under-TUPE.pdf

David Readman's insight:

As one of my clients has just been through a TUPE process with a particularly uncooperative company in Scotland, I thought that you might find this useful.

It sets out nice and concisely what you need to know& do as a Transferee.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Former Le Gavroche receptionist loses employment tribunal - Telegraph

Former Le Gavroche receptionist loses employment tribunal - Telegraph | HR | Scoop.it
A former receptionist who accused two Michelin-starred restaurant Le Gavroche of racism claiming she was fired because she was black lost her employment tribunal.
David Readman's insight:

Is it perhaps too easy for claimants who only have short service (so can't claim Unfair Dismissal) to bring any discrimination claim, even if only in the hope of gaining an out of court settlement ?

more...
No comment yet.
Scooped by David Readman
Scoop.it!

How to Handle Disagreements During Performance Appraisals

How to Handle Disagreements During Performance Appraisals | HR | Scoop.it
During a performance appraisal, an employee said, “I disagree with your rating.  I am a good employee but I didn't get a 5 on anything.  You gave me a 2 on “cooperative behavior!" Example of an Ine...
David Readman's insight:

Whilst I approve of diplomacy, an even better approach would be in the appraiser could explain his/her grades by referring to specific examples of behaviour that was either good - or bad.

That approach can help to make the exercise that much more objective - rather than merely opinion based.

The worst "crime" I have witnessed during an appraisal interview was when two directors of a client company told an employee that he was "fine". However, as soon as he left the room they told a completely different story. They were strongly chastised !

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Unions furious at Tory anti-strike law pledge - Telegraph.co.uk

Unions furious at Tory anti-strike law pledge - Telegraph.co.uk | HR | Scoop.it
Patrick McLoughlin, the Transport Secretary, provokes a row with the TUC's Frances O'Grady, as the CBI and other business leaders welcome the election pledge to ban strikes with low ballot turnouts...
David Readman's insight:

The problem here is that both sides have a reasonable argument.

I believe that any individual should have the right to withdraw his/her service, but at the same time the employer should be free to make whatever alternative arrangements they can.

If you argue, as the government likes to, that unions should not be able to hold the country to ransom, is it not equally valid to argue that any individual should have freedom to choose - i.e. to strike or not to strike

The suggestion that at least 40 per cent of a union's members should vote seems reasonable until you think why not 30 per cent or 50 per cent.

 To me the principle of a simple majority of those who vote is the right principle.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Tribunals can reduce compensation if employee would have been dismissed ... - Lexology (registration)

Tribunals can reduce compensation if employee would have been dismissed ... - Lexology (registration) | HR | Scoop.it
In the case of Contract Bottling Ltd v Cave, Ms Cave and her colleague were awarded one year's salary for being unfairly dismissed following a…
David Readman's insight:

This is not actually anything new.

 

The "Polkey" principle has been around since the House of Lords gave its decision in November 1987.  

As the article says, it provides for a tribunal to reduce awards on the basis that employee might have been dismissed anyway (that is to say, if fair procedures had been followed).

However, it is always safer to follow procedures scrupulously in order to avoid any finding of unfairness in the first place.

We are always happy to advise clients on the steps to take..

 

 

 

 

more...
No comment yet.
Rescooped by David Readman from Trade unions and social activism
Scoop.it!

'Sweatshop' claims over T-shirt

'Sweatshop' claims over T-shirt | HR | Scoop.it
The Fawcett Society vows to investigate claims its pro-feminism T-shirt - worn by leading politicians - has been made in sweatshop conditions.

Via Leicester Worker
David Readman's insight:

There is something specially satisfying when politicians get egg on their face(s). Even better when it happens to a whole bunch of them.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

‘Simplistic’ redundancy metrics criticised

‘Simplistic’ redundancy metrics criticised | HR | Scoop.it
Warwick staff concerned about ‘single cash metric’ used to identify redundancies in life sciences
David Readman's insight:

This looks like another of those cases where the selection criteria are not fair if they affect me.

Now that may be an unduly cynical view of the situation, but when it comes to redundancy selection criteria I am in favour of keeping them simple and relevant. This is on the basis that the more complicated you make it, the greater the potential for human error.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Helen Ives: Who should you hire?

Helen Ives: Who should you hire? | HR | Scoop.it
Share this story:Anyone who works in people management knows the pains associated with recruitment. Finding the right candidate to fill […]
David Readman's insight:

Some years ago when I worked for a life assurance company two HR people were recruited at the same time. I recruited one, the director to whom I reported recruited the other.

The person I recruited had a long & successful stay, the one recruited by the director proved to be a total fruitbat & stayed only a short time.

My point is that whether you recruit for experience, qualifications or attitude you still have the problem of people who can give all the right answers at interview, but cannot do the job.

 I totally approve of probationary periods.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Redundancy selection criteria and making reasonable adjustments - Shoosmiths legal updates

Redundancy selection criteria and making reasonable adjustments - Shoosmiths legal updates | HR | Scoop.it
Redundancy selection criteria and making reasonable adjustments Shoosmiths legal updates Mr Dominique suffered a stroke several years ago which impacted on his physical and cognitive abilities and he was therefore disabled for the purposes of the...
David Readman's insight:

The most simple message to take from these cases, both relating to employees with disabilities, is that you should never make assumptions.

Direct consultation in redundancy is simply good practice, especially when it is fully documented.

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Widowed mother-of-two wins £30,000 damages for campaign of sexual harassment from boss that escalated after she had a BOOB JOB

Widowed mother-of-two wins £30,000 damages for campaign of sexual harassment from boss that escalated after she had a BOOB JOB | HR | Scoop.it
A Croydon employment tribunal heard recruitment manager Jennifer Newman, 34, was also described as dressing like 'someone who works in a dubious establishment' after she underwent breast enlargement.
David Readman's insight:

It is hard to believe that an employer could behave so wrongly and then so stupidly by not even turning up for the tribunal hearing.

It serves as yet another reminder that people do not always behave logically (or properly).

The employer seems to have got off relatively lightly so I would guess that Ms Newman had possibly found other employment.

more...
No comment yet.
Rescooped by David Readman from HR
Scoop.it!

Glass workers on strike over 3% pay rise as boss awards himself 14% … and £750k - UnionNews

Glass workers on strike over 3% pay rise as boss awards himself 14% … and £750k - UnionNews | HR | Scoop.it
Unite members take action at Tyneside Safety Glass
more...
David Readman's curator insight, July 2, 2014 7:49 AM

When you see reports of such a wide difference in pay increases as between what is offered to the general workforce and directors you begin to wonder whether European style Works Councils with worker representation can be all bad.

I have no problem with owners/entrepreneurs getting a higher reward having taken the initial risk of investing in their own business, but when I was involved in pay negotiation we looked at three factors, namely :-

- Rate of Inflation

- The "going rate" &

- Company profitability

 

Those three elements still seem valid

 

 

Scooped by David Readman
Scoop.it!

TUPE: Relocation and ETO

Is the requirement to work in a different location following a TUPE transfer a 'change in the workforce' within the meaning of the (pre-2014 amendments) TUPE Regulations?

 

No, held the EAT in NSL v Besagni.The London Borough of Barnet outsourced some of its parking operations and as a result the Claimants' workplace moved from Barnet to Croydon and Lancing. The Claimants refused to move and were consequently dismissed.

 

TUPE Regulations provide that an employee is automatically unfairly dismissed if they were dismissed because of the transfer or for a reason connected to the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.

 

The EAT confirmed that, in accordance with Berriman v Delabole Slate Ltd [1985] ICR 546, the phrase 'changes in the workforce' does not include a change in the workplace.

 

The position is likely to be different following the 2014 amendments to the TUPE Regulations which widen the meaning of 'changes in the workforce' to include changes in location.

 

 

David Readman's insight:

Comment

 

This just goes to show how quirky TUPE can be.

 

I wonder what the situation would be if the employment contracts contained a mobility clause allowing for a change of workplace

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Enforcing notice periods

Is a clause deducting a month's salary for an employee's failure to work their notice period a penalty clause?

 

No, held the EAT (with some hesitation) in Li v First Marine Solutions.

 

The Claimant resigned and did not work her notice period because she said she had outstanding holiday. The parties agreed that the effect of the contract was that the employer could not only to withhold her pay for the period not worked but also deduct from any sum outstanding a sum equal in value to that shortfall. The Claimant argued that this was unenforceable as a penalty clause.

 

The employment tribunal held that the clause was enforceable. The Claimant had not worked her notice period (she did not have holiday remaining), and it was difficult and expensive to recruit a replacement at short notice.

 

In upholding that decision, reluctantly, the President of the EAT (Mr Justice Langstaff) expressed concerns that the parties had agreed the effect of the clause. He made a number of observations on clauses of this type (at paras.43 to 47).

 

Firstly, the employment tribunal should consider the 'reality of employment circumstances', and whether the effect was really intended. The normal principle is 'no work, no pay'.

 

Further, employment tribunals should carefully consider whether the clause was a penalty clause, a liquidated damages clause or simply a clause entitling the employer to withhold pay.

David Readman's insight:

Comment

 

This is interesting because we do have issues raised by clients from time to time when staff leave without working their notice period.

 

If you think that this could happen to your business, it is important to have an appropriate clause in the employment contract before you have a problem.

 

Recently a senior person quit a restaurant business without giving notice and this led to a review of the notice provisions.

more...
No comment yet.
Rescooped by David Readman from Trade unions and social activism
Scoop.it!

Coming soon – Flexible working for all, but what does this mean for you?

Are you’re looking to spend more time with your family, studying or pursuing a hobby? Or do you simply want to avoid the daily rush hour? On June 30th, the flexible working laws are changing which m

Via Leicester Worker
David Readman's insight:

Is this just another of those cosmetic changes that make the politicians appear good, but does not change much in practice.

 

Whilst employers need to be able to demonstrate to a tribunal that they have followed proper procedure, they still have the same list of reasons for which they may refuse a flexible working request.

 

In my experience one of the most common reasons for flexible working requests being turned down is that the employee sought to be too demanding in terms of the hours she (usually it was a female employee) she wanted to work.

 

It will be interesting to see if there is any real change

more...
No comment yet.
Scooped by David Readman
Scoop.it!

Drop in tribunals must be reviewed

Drop in tribunals must be reviewed | HR | Scoop.it
When the UK Government proposed introducing fees for employment tribunals - in some cases up to £1,200 - there was considerable concern expressed by lawyers and trade unions that the reform could discourage employees with genuine grievances from going to tribunal.
David Readman's insight:

Let's not forget that when the tribunal system was set up following the Industrial Relations Act of 1966 the intention was that neither side would need to be legally represented.

If the litigants themselves do not pay the costs, then we the taxpayers have to.

Employers liked to complain that claims were made because the ex employee did not have to pay anything. Equally, there is no shortage of bad employers.

more...
No comment yet.