Employment Law Explained

Category Archives: News

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

Men Behaving Badly title card Men Behaving Badly   sex discrimination news equality

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?

stress1mmon105h 1024x941 UK Banks Facing Rising Lawsuits over Stress? Really?   stress at work personal injury news

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

Protected Conversations? Protecting Who?

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?

The Beecroft Report: The Twitter Response

 

 

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.

Unfair Dismissal to be Abolished?

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.

No More Flexible Friend?

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.