Employment Law Explained

Category Archives: News

The Queen’s Speech

It didn’t meet with the same critical acclaim last week that the film of  nearly the same name – The King’s Speech – did a few months ago. No one seemed very impressed by it, little detail was provided and what we have been promised has been mooted already.  The business lobby were underwhelmed by the lack of specifics. The Government’s public discomfort continued as they managed to please no one. Business didn’t like the lack of detail and everyone else seemed underwhelmed. Ed Miliband had a good day, saying,

No change, no hope – that is the real message of this Queen’s Speech.

Employer Liable for Employee’s Injuries Sustained During Sex Session

Employers in the UK might think are vulnerable to any manner of speculative or vexatious claims from employees, however they should be grateful they aren’t in Australia, where a recent case will have the Institute of Directors and Tory MPs spluttering into their copies of the Daily Telegraph.

 Roll on Friday, the purveyor of legal news and salacious gossip, carried this story (which also featured in the Australian Telegraph) about an HR executive required to travel for a meeting and to stay overnight in a motel.  During this overnight stay she had sex with a male acquaintance (not a work colleague), which led to her sustaining facial injuries and psychiatric injury from a falling light fitting.

Capello a-go-go

 

 

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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

Fabio Capello: In Breach of Contract?

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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;

A Nail in the Coffin of the Honours System?

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?

Men Behaving Badly

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In case it were needed, the Daily Telegraph today reported on a case where “laddish” behaviour in the workplace led to a substantial payout for the female Claimant, Miss Angelina Ashby, which included £15,000 for injury to feelings and £9,158 for loss of earnings.  Read the article for the details, but this case should serve as a reminder that this sort of behaviour just isn’t acceptable in the workplace.

Male workers made unpleasant jibes about her weight and appearance and viewed pornography online.  When she issued a grievance she was criticised for being too sensitive and “unmanageable”.  She won her claim for sex discrimination and constructive dismissal against her employers. There are no great surprises there.

Mediations Not Protected Conversations?

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Amidst all the hullabaloo over the government’s plans to reform employment law,  one issue that hasn’t got as much of an airing as it might deserve is over mediation/conciliation.  In the Law Society Gazette yesterday an article stated that the government intends to promote mediation in the workplace.

Apparently less than 50% of employer respondents to the government’s recent “Resolving Workplace Disputes” had used mediation to resolve disputes, which is a number I find surprisingly high in fact.  The more interesting question though is at what stage did they use it?  I would guess that for many businesses mediation is only used when the lawyers suggest it as a means of settling a dispute and avoiding a trial.

The Most Radical Employment Law Reforms for Decades? Or a Spectacular Own-Goal?

 The Most Radical Employment Law Reforms for Decades?  Or a Spectacular Own Goal?   practice procedure news

Sorry Guys, Not Under This Government

There have been many excellent blogs, articles and podcasts on the government’s proposals for the “most radical reform to the employment law system for decades” contained in its “Resolving Workplace Disputes: Government Response to the Consultation” Here is my regrettably belated contribution to the debate.

The full review can be read by clicking the link, but if you don’t want to wade through all 55 pages of the report, here are the headlines. Vince Cable, the Business Secretary also added in some further proposals in a later speech.

UK Banks Facing Rising Lawsuits over Stress? Really?

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Banks are facing a rising tide of stress at work claims, according to Reuters yesterday. The report refers to anecdotal evidence by GQ Employment Lawyers to the effect that the number of “stress related lawsuits” is on the increase, but doesn’t say what type of lawsuits, nor give any statistics to back up the assertion.

 Never mind, the Health & Safety Executive’s own statistics for 2010/11 state the following;

“The number of new cases of stress, depression or anxiety has fallen from an estimated 254,000 in 2001/02 to 211,000 [in 2010/11]” *

The Brodie Clark Resignation

 brodieclarkimages The Brodie Clark Resignation   unfair dismissal news constructive dismissal

 

The Head of the UK Border Force, Mr Brodie Clark, resigned on Tuesday, reportedly in reaction to comments by the Home Secretary that blamed him for a relaxation of biometric and anti-terrorism checks over the summer.  Mr Clark had been suspended a few days previously over the matter.

He disputes any wrongdoing and has stated that Ms May’s comments were misleading and had amounted to a campaign of public vilification against him, such that he would not receive a fair hearing. One Home Office source called him a “rogue civil servant”.    According to reports in the media Home Office lawyers are telling Ms May that he has a good case and is likely to win. In his resignation statement he said