Employment Law Explained

Podcast#2

Posted on 27/07/2011 by Michael Scutt • 0 Comments

According to Daniel Barnett “If it looks like an employee and quacks like an employee, it’s probably not a self-employed subcontractor.”

Today saw the Supreme Court’s Judgment in Autoclenz Limited v Belcher & Others handed down and I’ve recorded my thoughts on it in this brief podcast.

“He had to duck as a cheesecake was propelled towards him.” Kitchen staff dismissed over hijinks http://ow.ly/5MxMs #HR #tribunals #ukemplaw
bird Podcast#2 podcast 25/07/2011 3:06 pm via HootSuiteReplyRetweetFavorite
XpertHR Logo high res normal Podcast#2 podcast
@TribunalWatch
Tribunal Watch

As well as quacking employees I’ve also talked about chefs, Facebook and flying cheesecake.

[podcast format="video"]http://traffic.libsyn.com/jobsworthpodcast/Jobsworth_Podcast2.m4a[/podcast]

This is a preview of Podcast#2. Read the full post (100 words, 2 images, estimated 24 secs reading time)
Filed Under: Podcast

Social Media in the Workplace

Posted on 23/07/2011 by Michael Scutt • 1 Comment

iStock 000016362860XSmall Social Media in the Workplace social media

In the Middle East this year we have seen country after country rocked by revolution.  The popular uprisings in Tunisia and Egypt succeeded, Libya remains in the balance and Bahrain and Syria may yet succumb.  What does this have to do with social media for lawyers?  Social media networks are credited with having fanned the flames lit by Mohamed Bouazizi, the fruit and vegetable seller in Tunisia who set fire to himself triggering everything that followed.  The immense power of these networks as tools of communication is still not fully understood by most people and how they are used in the workplace is an issue that needs to be given careful consideration.

This is a preview of Social Media in the Workplace. Read the full post (2423 words, 3 images, estimated 9:42 mins reading time)
Filed Under: social media

Can an Employee be Sacked for Refusing a Paycut?

Posted on 11/07/2011 by Michael Scutt • 0 Comments

Employers are more keen these days, it seems, to make employees take a pay-cut or somehow alter the employee’s contractual terms than make staff redundant. It is cheaper, less disruptive and reduces the unpleasantness that comes with redundancy processes.

However, varying an employee’s contract of employment can be fraught with risk, as was demonstrated in Garside v Laycock & Booth UKEAT/0003/11/CEA

Mr Garside refused to take a 5% paycut when his employers decided they needed to become more profitable.  He was the only employee out of 77 to refuse. He took his claim to the ET and won, but subsequently lost on appeal.

This is a preview of Can an Employee be Sacked for Refusing a Paycut?. Read the full post (485 words, estimated 1:56 mins reading time)
Filed Under: unfair dismissal

Podcast#1

Posted on 10/07/2011 by Michael Scutt • 0 Comments

[podcast format="video"]http://traffic.libsyn.com/jobsworthpodcast/Jobsworth_Podcast1_1072011.m4a[/podcast]

There’s been only one story in the news this week: the gripping scandal at News International and the demise of the News of the World today.  Here are my thoughts, in podcast form for a change, on the employment issues involved.

 

 

Permanent link to this post (46 words, estimated 11 secs reading time)
Filed Under: Podcast, Redundancy, TUPE, unfair dismissal

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).

This is a preview of Can an Employee take a Lawyer into a Disciplinary or Grievance Meeting?. Read the full post (961 words, estimated 3:51 mins reading time)
Filed Under: Practice & Procedure

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.

This is a preview of When is an Ex-Gratia Payment a Notice Payment?. Read the full post (366 words, estimated 1:28 mins reading time)
Filed Under: Case Round Up, Practice & Procedure

The Justice Bill: CFA or DBA?

Posted on 28/06/2011 by Michael Scutt • 1 Comment

On Monday I wrote about the government’s plans for reforming legal aid and the funding of civil litigation. One of the issues which confuses me is what will happen to no win no fee agreements now that contingency fee arrangements (or, Damages Based Agreements as they are to be known) are to be allowed in the courts. They have, of course, been allowed in Employment Tribunals for quite some time but were regulated by the Damages Based Agreements Regulations 2010 last year.

This is a preview of The Justice Bill: CFA or DBA?. Read the full post (1388 words, estimated 5:33 mins reading time)
Filed Under: News, Politics

The Legal Aid, Sentencing & Punishment of Offenders Bill: Access Denied?

Posted on 27/06/2011 by Michael Scutt • 0 Comments

 

justice image The Legal Aid, Sentencing & Punishment of Offenders Bill: Access Denied? politics news

Access Denied?

The government has finally published its long awaited bill on civil litigation cost reform, bundled in with legal aid and sentencing reform. It is highly controversial and the government has done nothing to calm fears by fast-tracking the bill through parliament.  In the foreword to “Legal Aid Reform in England and Wales: The Government Response” Ken Clarke sets out what he seeks to achieve with these reforms;

This is a preview of The Legal Aid, Sentencing & Punishment of Offenders Bill: Access Denied?. Read the full post (1555 words, 1 image, estimated 6:13 mins reading time)
Filed Under: News, Politics

Redundancy Selection: Now Harder for Employees to Challenge?

Posted on 22/06/2011 by Michael Scutt • 0 Comments

 

iStock 000013215981XSmall Redundancy Selection: Now Harder for Employees to Challenge? uncategorized redundancy

Choices, choices

 

 

 

Many employees often suspect they have been unfairly placed in the “departure lounge” when their company decides to restructure. Sometimes it is obvious there has been unfairness, or discrimination, in the process.  On other occasions it’s much harder to prove even if suspected and the recent case of Dabson v David Cover & Sons Ltd doesn’t help employees much.  On the other hand, employers will be relieved.

This is a preview of Redundancy Selection: Now Harder for Employees to Challenge?. Read the full post (530 words, 1 image, estimated 2:07 mins reading time)
Filed Under: Redundancy, Uncategorized

Webinar: How to Raise Your Lawfirm’s Profile post-ABS

Posted on 07/06/2011 by Michael Scutt • 0 Comments

poppy.1717199189 2 Webinar: How to Raise Your Lawfirms Profile post ABS forthcoming events

Poppy in a Wheat Field

Raising Your Profile in the Post – LSA Marketplace

 

Wednesday 6th July 2011 5.30pm – 6.30pm

 

With Alternative Business Structures (ABS) on the way, competition for legal services promises to become fiercer.  There are plenty of  solicitors out there offering a quality, friendly and accessible service but what differentiates your practice? Standing out from the crowd will be essential for the survival of your business, but how do you do it?

Join me and media strategist Michelle Drapeau for a FREE 1 hour webinar to help you raise your business profile.

This is a preview of Webinar: How to Raise Your Lawfirm’s Profile post-ABS. Read the full post (323 words, 2 images, estimated 1:18 mins reading time)
Filed Under: Forthcoming Events