Employment Law Explained

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Bonus Rage and Clawbacks

Unusually for an August the topic of bonuses is back in the news pages.  This isn’t surprising given that the recession has been firmly blamed on reckless bankers supposedly taking unnecessary risks to generate huge returns that almost led the banking system to collapse last autumn.  Both Barclays and HSBC have announced huge profits for the last six months.  In Barclays case it was £3bn up 8% on the equivalent period last year, and the comparable figure for HSBC was £2.8bn.  Both banks also revealed that they were making massive provision for bad debts.  Bob Diamond, the head of Barclays Capital (BarCap) was on the front page of The Independent on Tuesday, where it was reported that he had received a remuneration package in excess of $50mn at the height of the boom.  The Independent also reported that the “average net income generated per member of staff” at BarCap had increased from £134,000 to £193,000 per member of staff in the last six months.   The FT also reports today that a US hedge fund group called Och-Ziff, based in the US made a loss of $88.3mn because of a 74% increase in bonuses paid to its top traders.  At the Dale Langley & Co website we recently posted on the steps the FSA are taking to try and restrict remuneration packages – click here to visit.  The government, the FSA and the public are all determined to stick the boot in.

Compromise Agreements: what are they?

This is a fairly common question.   Basically a compromise agreement (aka termination or settlement agreement) is a legally binding contract between employer and employee whereby the employee accepts a financial package (usual elements include: compensation for loss of employment, notice monies, outplacement services provision, release of stock etc) in return for agreeing not to sue the employer for breach of contract, or unfair dismissal or for any discrimination related reason. The employee will also commonly agree to keep the agreement itself confidential and to say nothing about the employer’s trade secrets and affairs, amongst other requirements.  In order to be legally binding the employee needs to take independent legal advice on the terms of the agreement from a qualified legal adviser – usually a solicitor.  The employer will usually pay a contribution towards the cost of that advice to encourage the employee to get the advice.

Dale Langley & Co

In my day job I am a Partner in the above firm. We have recently relaunched our website and have started a Dale Langley blog.  Initial comments have been favourable.  I have just posted an article on a case concerning compromise agreements and why you should not delay in negotiating the terms or signing off.  Please click here to go to the article.

I have also written on compromise agreements and what they are before – click here  to read more.

As ever, if you would like me to help please contact me at michaelscutt@dalelangley.co.uk

Further advice on swine flu

Personnel Today, a very useful website for HR and employment law matters has published  an article on what steps employers can take – click here to visit it.

There are also RSS feeds so you should have no reaosn not to be fully up-to-date!

More on Swine Flu

Well, since I jumped on the Swine Flu bandwagon with my post last week, I thought I better stay there for a bit longer. 

In that post I wondered just what precautions an employer could be expected to take to avoid the risk of being found liable to an employee for contracting swine flu at work (always assuming that it could be proven that the infection was picked up in the workplace).  My view then (and now) is not much, beyond promoting good hygiene and not insisting on ill employees coming into the office to spread their germs.   Business Link, the organisation for employers, has provided guidance on their website - click here to go to the site.

Constructive Dismissal – recent developments

This post isn’t about Freddie Flintoff bowling 5-92 to defeat the Aussies at Lords (a very constructive dismissal in my view) but, sadly, is about some recent cases on the law relating to constructive dismissal.  The recent case of Bournemouth University Higher Education Corporation v Buckland [2009] EAT whilst not being as newsworthy as this week’s actions at Lords is, nevertheless, important stuff on the difficult topic of constructive dismissal.  In my experience few topics cause as much confusion or are as overused as constructive dismissal.  Every second client thinks they have or are about to suffer it.

Swine Flu – should employers worry about being sued?

Thanks to Annabel Kaye of Irenicon (@AnnabelKaye) for bringing the article in MailOnline to my attention, via Twitter.  The full article can be found at www.dailymail.co.uk/news/articles-1201371/Bosses-risk-lawsuits-staff-swine-flu  .  Apparently, according to the Mail, employers need to be getting worried about the risk of being sued by employees who catch swine flu from doing their jobs .  The article quotes  lawyers and other commentators who  point out the risk of increased litigation.

The silly season is well and truly upon us

Continuing in the same vein as my last post, here is an article that caught my eye in Telegraph Online today – http://www.telegraph.co.uk/news/newstopics/howaboutthat/5718984/Staff-strip-naked-to-improve-morale.html

How on earth stripping off in front of one’s colleagues can improve morale I don’t know, but then I suppose I’m not a “business psychologist”. 

Perhaps the prospect of bearing all for the 5 1/2 people watching Virgin Channel 1 helped them to shed their garments?

Moustaches, nudity, what next? England have got Australia at 29-2 at lunch on the second day after being bowled out for 425.   Yep,  the world has gone mad.

Do Jobsworths wear moustaches?

Bob Ainsworth, the Defence Secretary, has come under fire for not only being a political lightweight out of his depth in one of the most important offices of state, but also for wearing a moustache (well, we are approaching the silly season).  An article at www.timesonline.co.uk/tol/life_and_style/men/article6709864.ece suggests that a moustache often signifies the wearer is homosexual or, of more importance to this blog, that it is a symbol of ”the constipated mentality of an inept, small-town jobsworth”, being the impression that Mr Ainsworth’s “facial furniture” gives to some.  I make no comment on that. 

Employers and Consultation

What obligations are there on an employer to consult with its workforce and when should they do so?  Many people will be aware of the provisions of s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 which imposes a requirement on all employers making 20 or more staff redundant in a 90 day period to collectively consult with any recognised Trade Union or employee representatives on the need for and ways of avoiding redundancies.    I’ve covered this issue before and it is particularly relevant in the current climate of large numbers of redundancies.