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;
Employment Law Explained
Category Archives: Practice & Procedure
Can an Employee take a Lawyer into a Disciplinary or Grievance Meeting?
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).
When is an Ex-Gratia Payment a Notice Payment?
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.
Unfair Dismissal Without 12 Months Continuous Employment Experience?
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?
Employer vs Employee: The Saga Continues
The government last week announced that it intends to shake up employment law practice and procedure with a consultation trying to rebalance the rights of employer and employee. It’s the latest episode in the long-running saga “does the law favour employees too much?”
I suspect that there is much political posturing in the consultation and I would be surprised if some aspects survive the consultation process. The headlines have been well trailed already: here is my take on the main points that caught my eye.
Issue Fees – how much is too much?
Termination Payments: Taxing Times Ahead for Employers
How much tax should employers deduct from termination payments? HMRC have announced a change to the way that lump sum termination payments have to be taxed by employers from this coming April.
As is well known, the first £30,000 of a compensation payment can be paid free of income tax and national insurance contributions, provided that it is paid as compensation for “loss of office” or employment. This commonly applies on redundancy, but can apply in other situations too.
Parasites and Legal Rights
First day back from the festive break and The Times, which must be short of contributors at the moment, rehashes the old argument about employees and their lawyers holding poor innocent small businesses to ransom.
Yesterday’s edition contained an opinion piece from Helen Giles, HR Director of a business called Broadway which apparently provides services to homeless people. Her theme? “Stop legal parasites feeding on small business”(*) This morning the story made it onto the Today programme on Radio 4 and a much more useful discussion, chaired by Evan Davis.
It’s Snow Joke: My Boss Won’t Pay Me
If you’re snowed in and can’t get to work, does your employer have to pay you?
Almost certainly not. I did an interview for parentdish.co.uk on this very subject (click here). Unless the employer is contractually obliged to pay (which would be unusual) if you can’t make it in to work because of the weather conditions, your employer doesn’t have to pay you. The Lawyer today reported on one law firm taking a hard line on the issue. As ever, much will depend on what the contract of employment says, but in my experience it is very unusual for contracts to say anything at all about this situation.
Can Recruiters Relax on Age Discrimination in Advertisements?
Are you a recruiter worried about what to write in a job advert? Or concerned about inadvertently discriminating against applicants on the grounds of age?
It’s a difficult area and care needs to be taken. However, some comfort can be taken from a recent case in the Employment Appeal Tribunal (“EAT”), which held that serial litigants may have to pay costs if they try to exploit the Age Discrimination Regulations for financial gain.
Enforcing Unfair Dismissal Awards Part II
Send the boys round?
So, the Employment Tribunal (ET) agreed you had been unfairly dismissed. They award compensation for unfair dismissal in your favour. Then your former employer doesn’t pay up. In a recent post I wrote about how the ET won’t consider whether the employer can pay the award. So what happens if the employer can’t or won’t pay? What can you do? How do you get your money?