Employment Law Explained

Monthly Archives: February 2012

When Can You Claim For Personal Injury?

Posted on 27/02/2012 by Michael Scutt • 0 Comments

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If you’ve suffered an accident, whether at work, on the roads or on the streets, you need to prove that someone else was responsible. Compensation isn’t automatically available; you first need to prove that the employer, the other vehicle driver or the occupier of the premises was at fault in some way.  When the other party owes you a duty of care and they fail to meet the required standard, you may be able to recover some compensation.  That often isn’t easy.  The law can be complicated, especially where the accident occurred in the workplace. You need to get good legal advice from a firm of specialist  injury lawyers to advise you as soon as possible after the accident has occurred.

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Filed Under: Personal Injury

Workplace Bullying Worst for Gay, Young and Disabled People

Posted on 24/02/2012 by Michael Scutt • 1 Comment

bullyimages Workplace Bullying Worst for Gay, Young and Disabled People race discrimination equality disability discrimination

If you’ve got learning disabilities, chronic illness, are young or gay, you’re more likely to be the victim of workplace bullying, according to a four year long survey of 4,000 people conducted by the Universities of Plymouth and Cardiff. The survey was reported in People Management Magazine Online yesterday.

The figures are fairly startling, even though those most likely to be targeted aren’t that surprising.  Clearly behaviour learned in the playground runs deep.  The survey reported that 47% of UK workers faced unreasonable treatment, which included being subjected to an unreasonable workload, having their views ignored and “employers not following proper procedures”.

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Filed Under: disability discrimination, Equality, Race Discrimination

Redundancy – Have You Got The Right Pool?

Posted on 23/02/2012 by Michael Scutt • 0 Comments

selectionpoolimages Redundancy – Have You Got The Right Pool? unfair dismissal redundancy

 

We see a lot of employees who are being made redundant.  One of the issues that comes up time and time again is why they were selected.  Unless the role is unique then, usually, a selection pool is necessary to decide how to select the unlucky people for redundancy.  The composition of that pool can cause problems, such as was the case in Capita Hartshead Ltd v Byard, an EAT case, where the selection pool comprised one individual.

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Filed Under: Redundancy, unfair dismissal

The Long Arm of (Employment) Law Just Got Longer?

Posted on 14/02/2012 by Michael Scutt • 1 Comment

 

 

 

herriman 071201 3 295x300 The Long Arm of (Employment) Law Just Got Longer? unfair dismissal

 

Just how far does the long arm of the Employment Tribunal stretch when considering unfair dismissal? Last week the Supreme Court gave its Judgment in the case of Ravat v Halliburton Manufacturing and Services Ltd and the answer may well now be that the reach of the ET has just got longer.  S.94(1) of the Employment Rights Act 1996 provides that an employee has the right not to be unfairly dismissed. This does not present problems where the employee is working in Britain. However, it becomes an issue if the employee is working overseas.  In what circumstances can an employee claim protection under British law not to be unfairly dismissed?

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Filed Under: unfair dismissal

In Praise of the City

Posted on 12/02/2012 by Michael Scutt • 2 Comments

cheapside gracechurch In Praise of the City miscellaneous stuff city of london

 

 

 

If you came to this post expecting a defence of bankers and their bonuses or an erudite explanation of why the City isn’t to blame for the country’s economic woes, I’m sorry to disappoint you.  I thought it time to have a break from employment law and go off piste, as they say. If I wasn’t a lawyer I’d like to be an historian and that is what this post is, sort of, about. Many commuters gripe about the trouble getting into the City; late and crowded trains, the cost of a season ticket and not seeing enough of the family during the week, to name but a few.  And there’s no doubt that it can be a drag. But, lots of things make up for it. More pubs, bars and restaurants and gyms than you could shake a stick at, not to mention recitals in churches, proximity to the West End and all its theatres and shops. However, there is something beyond even that lot.

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Filed Under: City of London, Miscellaneous Stuff

Capello a-go-go

Posted on 09/02/2012 by Michael Scutt • 1 Comment

 

 

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Blimey or, as Sir Alex Ferguson put it years ago “Football, bloody hell”, or as The Times journalist Simon Barnes put it “Real life, bloody hell”.  I am referring, of course, to the resignation of Fabio Capello as England manager yesterday. Presumably in response to my blog article on the subject icon wink Capello a go go news

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Filed Under: News

Fabio Capello: In Breach of Contract?

Posted on 07/02/2012 by Michael Scutt • 2 Comments

Fabio Capello 007 Fabio Capello: In Breach of Contract? news

 

The ability of the FA to shoot itself in the foot never ceases to amaze me, but I must admit to feeling justa little sorry for them over the John Terry affair.

The Chairman, David Bernstein, in my view, made the right decision in stripping Terry of the England captaincy, but then had the decision attacked by Fabio Capello, the Head Coach who said;

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A Nail in the Coffin of the Honours System?

Posted on 01/02/2012 by Michael Scutt • 2 Comments

It was wrong of the Forfeiture Committee to strip Fred Goodwin of his “K”. It smacks of a politically motivated knee-jerk reaction (as in knee to the groin) and does more to bring the honours system itself into disrepute than the actions of one man. He may have been guilty of incompetence or, more likely, recklessness, but that shouldn’t justify this action.

What about those peers who have been convicted of crimes – Lord Archer or Lord Taylor of Warwick, for instance?  Lord Black of Crossharbour (Conrad Black as was).  Why do they still have their peerages?

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Filed Under: News