Employment Law Explained

Category Archives: Practice & Procedure

Government Introduces New Fast-Track Dispute Resolution Scheme

Posted on 22/12/2011 by Michael Scutt • 0 Comments

It was today announced that the Coalition Government, following consultation with the Institute of Directors has decided to consult on a new means of resolving workplace disputes,

velrrimages Government Introduces New Fast Track Dispute Resolution Scheme silly season practice procedure
Fast Track Dispute Resolution – But is it Justice?

The scheme has been trialled in the United States where it has proved to be instrumental in reducing the amount of employment related litigation.  It is said to be the most successful method of Alternative Dispute Resolution ever seen and both David Cameron and George Osborne are known to be giving it careful consideration.  Vince Cable, the Business Secretary, was not available for comment.

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Filed Under: Practice & Procedure, Silly Season

Mediations Not Protected Conversations?

Posted on 08/12/2011 by Michael Scutt • 0 Comments

samurai mediation1 300x207 Mediations Not Protected Conversations? practice procedure news

 

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.

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Filed Under: News, Practice & Procedure

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

Posted on 05/12/2011 by Michael Scutt • 1 Comment
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.

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Filed Under: News, Practice & Procedure

Are They Having a Protected Conversation?

Posted on 01/12/2011 by Michael Scutt • 0 Comments

 

 

84393 SMJPG 20111130171802462 Are They Having a Protected Conversation? unfair dismissal practice procedure

Last week the government announced various plans for reforming employment law. I’ll be writing about them shortly…

I wonder if the employee above has just been made aware of his “Compensated No Fault Dismissal” package?

 

 

 

 

 

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Filed Under: Practice & Procedure, unfair dismissal

Agency Workers – the New Regulations

Posted on 06/10/2011 by Michael Scutt • 2 Comments

Agency Workers the New Regulations practice procedure news

Back in the middle of the last decade there were a number of cases involving agency workers (Dacas, James v Greenwich) etc that tried to deal with the gaping chasm suffered by temporary workers who had a contract with the agency but were working with the end user. If the end user terminated their employment (say for reason of redundancy) the worker couldn’t bring a claim for unfair dismissal against either the end user (because they weren’t employed by them) or against the agency (because they didn’t make the decision).  The Courts tried to be creative and imply a contract between the worker and the end user but it was not satisfactory. The plight of agency workers came to the fore and led to negotiations between government, the unions and business, leading to these Regs, which are only in force thanks to Europe. They aim to make life fairer for agency workers in the workplace.

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Filed Under: News, Practice & Procedure

Employment Law Octoberfest?

Posted on 05/10/2011 by Michael Scutt • 0 Comments

Employment Law Octoberfest? practice procedure news

It’s here again, the second of the two days in the year when the government introduces new legislation and regulation and increases rates and allowances. Instead we could have been in Munich having some real fun.

Saturday saw the introduction of the long-awaited (and feared) Agency Workers Regulations.  Opinion on them varies between them being a fundamental step in ensuring fairness in the workplace to one of the greatest threats to the UK’s reputation as being a friendly place for businesses to do, well, business.  More on this in a later blog post, but here is the BBC’s report on it.

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Employment Tribunals: Legalised Extortion?

Posted on 09/08/2011 by Michael Scutt • 2 Comments

Given the appalling events unfolding in London as I write this, it seems completely trivial to talk about extortion and implying criminal behaviour in the settlement of employment disputes, however on Sunday  The Telegraph reported about a massive costs award in favour of one Tim Watts following his defeat of a sex discrimination claim against him by one of his former employees.  Under an article entitled ‘Employment tribunals are legalised extortion’ he sets out his view that Employment legislation is too complex and offers far too many opportunities to employees who decide they want to have a go;

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Can an Employee take a Lawyer into a Disciplinary or Grievance Meeting?

Posted on 09/07/2011 by Michael Scutt • 0 Comments

Following the Supreme Court’s decision in R (on the application of G) v The Governors of School X probably  not if you’re a teacher in a state school. Doctors in the NHS may be able to.

One of the issues that arises in advising clients on the process is whether the employee should be allowed to bring a lawyer with them into the meeting.  There is no statutory legal right to be allowed to do so.  The Employment Relations Act 1999 s.10 only provides for a worker to have the right to be accompanied by a trade union official or a fellow worker.  It does not cover family members or friends (unless they are within the two allowed categories).

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When is an Ex-Gratia Payment a Notice Payment?

Posted on 29/06/2011 by Michael Scutt • 0 Comments

Employers: watch out. Trying to pay notice pay as an ex gratia payment could land you in trouble.

That is what happened in the case of Publicis Consultants Uk Ltd v Ms O’Farrell in a case that was heard before the Employment Appeal Tribunal last month.

The issue in dispute was the company’s description of a payment equivalent to three month’s gross salary as an “ex-gratia” payment. She was contractually entitled to three month’s notice monies but was dismissed for reason of redundancy with only four days notice.  Although she was paid the ex-gratia monies, a statutory redundancy payment and her holiday monies she sued for, amongst other claims, breach of contract.  The employer tried to say that they had effectively paid the notice monies by way of the ex-gratia.

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Filed Under: Case Round Up, Practice & Procedure

Unfair Dismissal Without 12 Months Continuous Employment Experience?

Posted on 07/02/2011 by Michael Scutt • 10 Comments

iStock 000015112276XSmall Unfair Dismissal Without 12 Months Continuous Employment Experience? unfair dismissal uncategorized practice procedure

A few days ago I was telephoned by a prospective new client: she has been working for her employers for just over eleven months and was expecting her boss to terminate her employment at any moment. She told me she had worked well, been very flexible when required, worked unsociable hours and taken a cut in her hours when the business fell on hard times.   In return her boss criticised her (unfairly I am told) for not having the right attitude and spending too much time on her social life.  Leaving aside the issue of who was telling the truth, what is her legal position if her employment is terminated before she has gained 12 months continuous employment experience? What rights has she got?

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Filed Under: Practice & Procedure, Uncategorized, unfair dismissal