Employment Law Explained

Tag Archives: employer

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?

It’s Snow Joke: My Boss Won’t Pay Me

iStock 000013733155XSmall Its Snow Joke:  My Boss Wont Pay Me   practice procedure employment policies contracts of employment

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.

Enforcing Unfair Dismissal Awards Part II

 Enforcing Unfair Dismissal Awards Part II   unfair dismissal practice procedure

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?

Leaving your job? Three things not to do before you get your P45

iStock 000010955553XSmall Leaving your job?  Three things not to do before you get your P45   practice procedure miscellaneous stuff

For an employee who has decided to move on to pastures new and has handed in his/her notice, or has been told they are to be made redundant, there are certain pitfalls to be avoided. They may seem obvious (like serving notice), but people still fall foul of them. Walking out there and then is a big step for an employee – we’re in constructive dismissal territory here and legal advice should be taken  before you do it. In other cases some employees only have regard to the restrictive covenants in their contracts of employment (which are the clauses that say the departing employee won’t try to solicit work or custom from the clients he’s been dealing with, or prevent him from joining a competing business once he’s left).  Whether those restrictions are always legally enforceable is another matter and constitute another material for another blog post or three, but in this post I want to highlight for employees that trying to get ahead by taking confidential information, or by acting inappropriately whilst stil an employee (even if on garden leave) could end in tears.

Has the Dust Settled on the Ash Cloud?

ash cloud 1637785c Has the Dust Settled on the Ash Cloud?   news employment policies

It's the one in Iceland, I can't spell it either

Now that the drama of the election is over and the novelty of the Coalition government is fading and before the whole country shuts down for the World Cup, it’s time for a brief reminder of the event that brought Europe to a standstill, Kenyan flower growers to the brink of bankruptcy and led to people having extended holidays all over the world.  Yes: the eruption of the Eyjafjallajökull  volcano (it’s only marginally easier to spell than to pronounce), which won’t quite go away (although The  Guardian reported on 23rd May that it may now be dormant) and which caused almost as much pain to news broadcasters as to those stranded in airport departure lounges.

What happens if my employer goes bust? Part 2

It all depends on what is meant by “going bust” (sorry, typical lawyer’s answer).  There are several ways a company can go bust, i.e become insolvent, and much will depend on whether the company can be rescued or if it is beyond help.  Insolvency practitioners talk about “terminal” and “non-terminal” insolvencies.  Insolvency law is a complex area and what follows is only a “noddy’s guide”.