Employment Law Explained

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It's up to you which lawyer you instruct

I’ve been asked a couple of time recently by prospective clients whether I can act for them when they’ve been given a compromise agreement by their employers, usually following redundancy.  The answer is almost always yes. Why does the question get asked? Well, often HR departments will, as a service to their departing employees, provide a list of solicitors that will be able to advise on the agreements, because it is a requirement of every properly drafted compromise agreement that an independent solicitor review and explain it and sign a certificate at the end of the document to say they have done so.  Indeed, my firm is on many such lists.  The employer will usually offer to pay a contribution towards the cost of that advice and in many cases that contribution will cover all the solicitor’s fees in advising on the document.  Many people think that they are only allowed to use the law firms on the list provided by HR, but this is not the case. 

The Claimant's Companion

Whenever I see a client I am always conscious of the need to try and explain the law and procedure clearly and in plain terms.  That’s not always easy, especially in complex cases and many people are nervous or uptight and find it hard to retain everything that is said.  I’m always conscious that many of the things I take for granted – how the process works, who will be in the court, who will hear it etc – is a complete mystery for those people who have never been through the process before.  For a solicitor the tendency is to focus on the “issues” and what you need to prove to win the case without explaining the wider context.  An interesting new booklet, published by the London Law Centre, has just come out which does deal with all these points, and very helpful it is too.  Take a look at this link, which will download it as a PDF.

When is a penalty not a penalty?

Answer:  when it’s a liquidated damages clause.  Let me explain.  This isn’t another football article (although in passing let me just say how pleased I was to see Arsenal, sorry England, beat Croatia)   but a report on an interesting Court case decided this week.  Well, interesting to employment law nerds. 

Who (or what) is a Jobsworth?

 

 

jobsworth

 

  • noun Brit. informal an official who mindlessly upholds petty rules.

  — ORIGIN from ‘it’s more than my job’s worth (not) to&ddd;’.

 

[Oxford English Dictionary] 

 

To describe someone as a “Jobsworth” is not a term of endearment.  I always think of it as indicating a petty minded person who makes life difficult for colleagues by working to rule all the time and being inflexible.  Wikipedia (of course) has a much fuller definition – go to http://en.wikipedia.org/wiki/Jobsworth

What do workers want?

This is the title of research published this week by the TUC summarising the results of a poll carried out by YouGov.  The findings make for reading as depressing as the weather this summer.  Of the 2800 people polled last month and in July, 25% were dissatisfied with their job and would not recommend their employer (which should mean a lot of negative comments on the Glassdoor.com website I mentioned last week), 42% thought that their pay hadn’t kept up with inflation, and 46% complained of increased workload.  39% complained of feeling stressed and, according to the research, 3.5 million people are bullied at work.   Many workers, 30% of respondents did not see themselves as having reasonable promotion prospects.   In all six million people are unhappy at work.

Football's back …

 

 

As if it ever went away.  The Premiership kicks off this weekend and I will be hoping that Arsenal can do better than last year’s third place and gain the trophy that their brand of exciting, attacking play deserves.  One person who will probably see the great kick off as a bittersweet moment will be Ben Collett, the former Manchester United player whose career was cut tragically short at the age of 18 by a bad tackle, when he made his debut in a reserve game against Middlesbrough.

 

Glass ceilings and revolving doors?

I’ve just stumbled upon a new website, called Glassdoor.com, an American website which allows employees to post (anonymously) what they really think about the company they work for on the web. It is looking to expand globally and claims to have reports from 11,000 employees in 80 countries. It allows you to compare your salary against competitors, provided you post, again anonymously, your own salary or review on where you currently work.  It’s free to access and the only commitment you need to make is, apparently, to post your own review. 

 

It's not cricket

Last week we heard about the award of £4.5mn compensation to Ben Collett, the former Manchester United player who had his leg broken in a match against Middlesbrough five years ago.  Another footballer, Adrian Mutu, formerly of Chelsea, also made the non-sports pages for being ordered to pay his former club £13.68mn in compensation.  Mutu was one of the first players brought in , for £15mn, following the Abramovich takeover and one of the first out after he tested positive for cocaine. Chelsea sacked him for gross misconduct in October 2004.  He was banned from football for seven months and when that was lifted he went to Juventus and was subsequently sold by them to Fiorentina, for whom he now plays.