Employment Law Explained

Monthly Archives: June 2012

Tribunal Backlogs: Sir Humphrey Strikes Again?

Posted on 27/06/2012 by Michael Scutt • 1 Comment

In an excellent blog post yesterday, Anya Palmer comprehensively demolished the story run in the Daily Telegraph on the 22nd June that said ETs were swamped with a backlog of over 500,000 cases, which came as a bit of a surprise to anyone who follows UK employment law.

The Telegraph seemed to confuse “single” cases with “multiples”, which gives the impression that there were 530,000 individual people waiting to have their cases heard.For reasons which Anya describes this figure is completely misleading as to the numbers of Claimants in the ET system.  The impression is given by the Telegraph that there is a tsunami of employee litigants all waiting impatiently for their claims to be heard, when the reality is very different.

This is a preview of Tribunal Backlogs: Sir Humphrey Strikes Again?. Read the full post (578 words, estimated 2:19 mins reading time)
Filed Under: Employment Law Reform, News

Sick as a Parrot

Posted on 26/06/2012 by Michael Scutt • 1 Comment

parrot glass 300x208 Sick as a Parrot employment policies

What happens if you get sick while on annual leave?

This has been a thorny issue for some time.  If you’re away from the workplace having a well earned rest whilst enjoying our glorious summer weather (ahem) and you get struck down by illness, can you (effectively) take your holiday again when better?

 The answer is yes, after a recent preliminary ruling in the case of ANGED v FASGA by the European Court of Justice, concerning Article 7 (1) of Directive 2003/88/EC. Prior to this case it was already the law that you could take retake holiday if struck down by illness or an accident  before going on leave.  This case merely confirms that it does not matter when the employee becomes afflicted;

This is a preview of Sick as a Parrot. Read the full post (317 words, 1 image, estimated 1:16 mins reading time)
Filed Under: Employment Policies

Settlement Agreements: What’s In a Name?

Posted on 15/06/2012 by Michael Scutt • 0 Comments

In my last blog on ERR, I referred to the plan to rename compromise agreements as settlement agreements as being purely cosmetic. Vince Cable’s plans announced this week when ERR had its Second Reading in Parliament suggest there might actually be more substance to it.

 This excerpt from the Department for Business Innovation and Skills (BIS) press release announced its plans;

This is a preview of Settlement Agreements: What’s In a Name?. Read the full post (544 words, estimated 2:11 mins reading time)
Filed Under: Employment Law Reform

ERR … Part 2

Posted on 08/06/2012 by Michael Scutt • 0 Comments

Following on from my last post on Beecroft, which was intended to be short but sort of kept on expanding, here is Part 2, covering the Enterprise and Regulatory Reform Bill, published by the Government a couple of weeks ago, which does propose definite reforms, unlike the Beecroft report.

The main proposals (*) are;

1. Mandatory early conciliation with ACAS and an extension of limitation periods to take account of pre-issue conciliation.

2. A cap on the compensatory award for unfair dismissal between one and three year’s median earnings (£26,000 – 78,000) or, one year’s earnings.

This is a preview of ERR … Part 2. Read the full post (978 words, 2 images, estimated 3:55 mins reading time)
Filed Under: Employment Law Reform

Beecroft and ERR …. (Part 1)

Posted on 08/06/2012 by Michael Scutt • 3 Comments

UK Employment law has been dominated by the issue of reform again, with the Beecroft report and then the Enterprise and Regulatory Reform Bill (ERR) being published shortly afterwards.  Vince Cable then shuffled back centre stage describing the Beecroft report as “bonkers”. In reply, Mr Beecroft, no doubt frothing at the mouth in frenzy, called Saint Vince a socialist. Aargh no! Not the “S” Word! Wash your mouth out Beecroft, let’s have none of that foul language here please.

This is a preview of Beecroft and ERR …. (Part 1). Read the full post (1212 words, 2 images, estimated 4:51 mins reading time)
Filed Under: Employment Law Reform, Employment Policies, News