Employment Law Explained

Monthly Archives: October 2011

Protected Conversations? Protecting Who?

Posted on 27/10/2011 by Michael Scutt • 1 Comment

conversation 1367212c Protected Conversations? Protecting Who? unfair dismissal news

The headlines were grabbed yesterday by the leak of the Beecroft report’s proposal to abolish unfair dismissal in capability cases. Only slightly less newsworthy was Nick Clegg (the Lib Dem Deputy PM, leader of the supposedly caring party of government) announcing proposals to allow employers to have “protected conversations” with employees.  This is all part of the same agenda to cut red tape for business and to allow employers to get rid of underperforming workers and, interestingly, to discuss retirement with older workers, without the fear of being hauled off to an ET.

cleggimages Protected Conversations? Protecting Who? unfair dismissal news

Is Clegg protected?

This is a preview of Protected Conversations? Protecting Who?. Read the full post (466 words, 2 images, estimated 1:52 mins reading time)
Filed Under: News, unfair dismissal

The Beecroft Report: The Twitter Response

Posted on 26/10/2011 by Michael Scutt • 1 Comment

 

 

Twitter, well the bits of it I frequent anyway, have been abuzz with comments on the leaked Beecroft report which proposes abolishing unfair dismissal in capability cases.  I blogged on it this morning – click here.

Amidst all the tweets announcing the news there were some interesting and amusing comments, which I’ve collected below.  Most tweets I have seen are against the plans, a few make the point that the real issue is one of management and a few support it.  This is only a brief snapshot and I didn’t set out to try and gauge public opinion, although it seems those in favour are in the minority.

This is a preview of The Beecroft Report: The Twitter Response. Read the full post (854 words, 44 images, estimated 3:25 mins reading time)
Filed Under: News, unfair dismissal

Unfair Dismissal to be Abolished?

Posted on 26/10/2011 by Michael Scutt • 3 Comments
eweimages Unfair Dismissal to be Abolished? unfair dismissal news

She's not the only one getting tupped

 

The front cover of The Daily Telegraph today reports on how Wimpole Hall farm is setting up a “Ram-Cam” which will follow Paolo (an 18 month old ram) while he goes around mating on the farm.  The headline story though is “Give firms freedom to sack their slackers”, which discloses the existence of a confidential Downing Street report which recommends abolishing the law of unfair dismissal, thus being the second story about getting shafted on the Telegraph’s front page today.

This is a preview of Unfair Dismissal to be Abolished?. Read the full post (607 words, 1 image, estimated 2:26 mins reading time)
Filed Under: News, unfair dismissal

Free Legal Advice from LAC

Posted on 25/10/2011 by Michael Scutt • 0 Comments

General Advice Session Free Legal Advice from LAC uncategorized

Today I want to  give a plug to the  Queen Mary Legal Advice Centre, based on the Mile End Road in London.  It’s part of the School of Law at Queen Mary, which itself is part of the University of London.

It is an advice service, and they won’t handle your claim for you.  They act as a “signpost”  and if you need more than just initial advice on your situation they will refer you to another organisation that can help (and will provide free legal advice) to you. It’s open to all members of the public, but you will need an appointment.

This is a preview of Free Legal Advice from LAC. Read the full post (165 words, 2 images, estimated 40 secs reading time)
Filed Under: Uncategorized

No More Flexible Friend?

Posted on 19/10/2011 by Michael Scutt • 0 Comments

bossimages No More Flexible Friend? news flexible working

This government is getting good at sticking the boot into employment legislation without then actually doing much about it.  It’s time in office has been characterised by reviews over this and that – civil justice, legal aid, red tape – as well as reforming employment tribunal practice and procedure.  The supposed “gold-plating” of Euro-legislation is to be reviewed and there is even talk of limiting discrimination awards.  Now the latest emanations from the corridors of power suggest that not only may plans to extend flexible working to all workers and to extend maternity and paternity pay be scrapped but the existing rights might be rolled back. . Let’s hope that it is just another kite being flown round Whitehall and Westminster to be allowed to fall quietly and gracefully to the ground when no one is looking.

This is a preview of No More Flexible Friend?. Read the full post (385 words, 1 image, estimated 1:32 mins reading time)
Filed Under: Flexible Working, News

Barrack Room Lawyers Beware

Posted on 12/10/2011 by Michael Scutt • 0 Comments

 

barrackroomimages Barrack Room Lawyers Beware religion and belief discrimination equality

 

You’ve probably heard some barrack room lawyer saying “they can’t touch me, I’ve put all the assets in my wife’s name” or “they can do what they want, I’m a limited company.”  In this case “they” is usually a spouse or a creditor.  In the case of Bungay and Paul v Chandel & Ors (UKEAT/0331/10) “they” was actually a Claimant in proceedings before an ET.

Bungay and Paul were directors in the company. They were found by the ET to have conducted a campaign of discriminatory action against Mr Chandel which were intended to get him removed from his post. Even after Mr Chandel’s dismissal, the two directors continued to make unfounded and malicious complaints to the police.

This is a preview of Barrack Room Lawyers Beware. Read the full post (725 words, 1 image, estimated 2:54 mins reading time)
Filed Under: Equality, Religion and Belief Discrimination

What’s that worst that could happen if your insurance lapses?

Posted on 07/10/2011 by Michael Scutt • 0 Comments

Sponsored Guest Post

 

 

 

Few business owners take risks these days when it comes to public liability insurance and employers’ liability insurance. The ‘compensation culture’ that has developed in the UK over the last 10 years has made everyone more vigilant against the risk of having claims made against them for negligence. But there are still those who have been caught out.

Just this year in Ireland, no less than 14 member clubs of the Donegal Gaelic Athletic Association failed to renew their property and public liability insurance.

This is a preview of What’s that worst that could happen if your insurance lapses?. Read the full post (377 words, estimated 1:30 mins reading time)
Filed Under: Uncategorized

Agency Workers – the New Regulations

Posted on 06/10/2011 by Michael Scutt • 2 Comments

Agency Workers the New Regulations practice procedure news

Back in the middle of the last decade there were a number of cases involving agency workers (Dacas, James v Greenwich) etc that tried to deal with the gaping chasm suffered by temporary workers who had a contract with the agency but were working with the end user. If the end user terminated their employment (say for reason of redundancy) the worker couldn’t bring a claim for unfair dismissal against either the end user (because they weren’t employed by them) or against the agency (because they didn’t make the decision).  The Courts tried to be creative and imply a contract between the worker and the end user but it was not satisfactory. The plight of agency workers came to the fore and led to negotiations between government, the unions and business, leading to these Regs, which are only in force thanks to Europe. They aim to make life fairer for agency workers in the workplace.

This is a preview of Agency Workers – the New Regulations. Read the full post (832 words, 2 images, estimated 3:20 mins reading time)
Filed Under: News, Practice & Procedure

Employment Law Octoberfest?

Posted on 05/10/2011 by Michael Scutt • 0 Comments

Employment Law Octoberfest? practice procedure news

It’s here again, the second of the two days in the year when the government introduces new legislation and regulation and increases rates and allowances. Instead we could have been in Munich having some real fun.

Saturday saw the introduction of the long-awaited (and feared) Agency Workers Regulations.  Opinion on them varies between them being a fundamental step in ensuring fairness in the workplace to one of the greatest threats to the UK’s reputation as being a friendly place for businesses to do, well, business.  More on this in a later blog post, but here is the BBC’s report on it.

This is a preview of Employment Law Octoberfest?. Read the full post (1109 words, 6 images, estimated 4:26 mins reading time)
Filed Under: News, Practice & Procedure