Employment Law Explained

Too little time

Posted on 26/09/2009 by Michael Scutt • 0 Comments

As I’ve previously announced on this blog, I am writing a guide to employment law for the Insite Law free legal resource project.  May I correct that and say I am trying to write?  Finding the time is proving to be a bit of a struggle but this afternoon presents an opportunity.  Mrs J. has taken the Junior Jobsworths to a birthday party so I have the house to myself. Time to put in some serious work at the keyboard.  Problem is, it’s lovely weather outside, I had a late night last night and Arsenal are on ESPN at 17.30.  A snooze seems more attractive …

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Filed Under: Miscellaneous Stuff

Heyday loses

Posted on 25/09/2009 by Michael Scutt • 0 Comments

Hot off the press comes news, via the BBC website,  that the Heyday challenge to the default retirement age has been defeated in the High Court.  This means that it is not illegal for employers to insist that an employee retires on their 65th birthday, although that conflicts with the Age Discrimination legislation.  At the moment I have not seen the rationale for the decision but will post on this again when I have.

This is a preview of Heyday loses. Read the full post (181 words, estimated 43 secs reading time)
Filed Under: Age Discrimination

A new look for Jobsworth

Posted on 23/09/2009 by Michael Scutt • 0 Comments

London Fashion week may well be in full swing, but Jobsworth wasn’t going to miss out on the fun.  To keep up with the Naomis, Kates and Giselles, Jobsworth has gone for a makeover.  Now, I don’t happen to know whether hemlines are up or down this year, or whether purple is the new black (Mrs J. was unable to enlighten me) and, frankly, my dear reader I don’t give a damn. 

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Filed Under: Miscellaneous Stuff

Latest News

Posted on 18/09/2009 by Michael Scutt • 0 Comments

Employers have to repay sick pay

Some good news for employees came out last week with the decision by the European Court of Justice in Pereda v Madrid Movilidad SA that says if an employee is sick whilst on holiday, they can retake the holiday later on or carry the days lost over to the next year.

Not surprisingly employers’ representatives are unhappy about it as it places additional burdens on them. It also increases the risk of unscrupulous employees taking advantage. No guidance is offered by the ECJ on how this could be policed. Employers can only insist on a sick note from GPs after seven days absence.

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Filed Under: disability discrimination, Practice & Procedure, unfair dismissal

How (not) to sack someone

Posted on 14/09/2009 by michaelscutt • 0 Comments

As an employer, if you want to avoid your name appearing in the Metro or any of the other free papers, try to avoid sacking employees suffering from cancer by email.  This is the moral from the recent report concerning Melinda Bolnar, a 27 year old teacher suffering from bowel cancer and who had just endured seven months of chemotherapy and given a 30% chance of survival.  According to the report it is alleged that her private school sacked her by email.  I should point out that the case is due to be heard at an Employment Tribunal later this year and the above report are merely the employee’s allegations against her employer and not the proven facts.

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Filed Under: disability discrimination, Practice & Procedure, unfair dismissal

Extra-Mile Charity Loire Cycle Challenge 2009

Posted on 08/09/2009 by michaelscutt • 0 Comments

My friend Richard Gordon is taking part in the above cycle challenge later this month to raise funds for St Francis Childrens’ Society in Milton Keynes, as well as the RNLI, Prostate Cancer Charity and a local charoty called MK Snap for people with special needs.

They have committed to cycling (in relay) 500 miles through and around the Loire.  Donations can be made via this address

http://www.justgiving.com/teamfrankieskids/

Good luck guys!

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Filed Under: Miscellaneous Stuff

Things employers shouldn't ask …

Posted on 02/09/2009 by michaelscutt • 0 Comments

Most people know that employers these days shouldn’t in job interviews ask women of child-bearing age when they intend to start a family.  Nor should they now ask potential employees how old they are.  The reason in both cases is that (a) it is usually going to be none of the employer’s business but, also, (b) it runs the risk of the applicant/employee later stating that the failure to appoint them was on discriminatory grounds. A report on the Personnel Today website from a few days ago questioned the wisdom of Cherwell District Council in asking employees to state whether they intended to retire in the next two or three years.  The Council is currently asking staff to work fewer hours or to work without pay to avoid the need for redundancies.  However, its request to staff to detail their plans and aspirations over the next two to three years could lead to them facing an age discrimination claim, suggests the article, if an employee could show that they were selected for redundancy because of their stated plan to seek retirement.  The same risk would apply if a woman stated she intended to start a family and was subsequently place “at risk”. 

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Filed Under: Age Discrimination, Redundancy, Redundancy or Pay Cuts?

Amnesty in trouble

Posted on 01/09/2009 by michaelscutt • 0 Comments

There are some things you just don’t expect to come across, like good weather at Bank Holiday weekends for instance, or Amnesty International being found by the Employment Appeal Tribunal to have discriminated against one of its employees on the grounds of race.  Yet that is what was found to have occurred in the case of Amnesty International v Ahmed that was reported recently. 

This is a preview of Amnesty in trouble. Read the full post (304 words, estimated 1:13 mins reading time)
Filed Under: Race Discrimination

Free Employment Law Resource

Posted on 24/08/2009 by michaelscutt • 0 Comments

I am delighted to announce that I will be writing the Employment Law resource on Insite Law, the online legal resource page run by Charon QC.  It is designed to be an online textbook, with hyperlinks to cases and to be capable of being updated regularly so that it remains current.

This is a preview of Free Employment Law Resource. Read the full post (233 words, estimated 56 secs reading time)
Filed Under: Miscellaneous Stuff

What are Lawyers really like?

Posted on 24/08/2009 by michaelscutt • 0 Comments

Now, if this doesn’t provoke a whole heap of comments, no doubt mainly derogatory, nothing will.  This being the silly season it seems like an ideal time to ask the question.  And I’m not going to tell you the answer. Instead I suggest you read Tim Kevan’s new book “Baby Barista and the Art of War”, just published by Bloomsbury and which is based on his blog in The Times.  Tim is also a barrister, albeit he is currently taking a break from practising in favour of surfing in Devon and walking his dog.   

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Filed Under: Miscellaneous Stuff