Employment Law Explained

Tag Archives: unfair dismissal

The Most Radical Employment Law Reforms for Decades? Or a Spectacular Own-Goal?

Posted on 05/12/2011 by Michael Scutt • 1 Comment
The Most Radical Employment Law Reforms for Decades? Or a Spectacular Own Goal? practice procedure news

Sorry Guys, Not Under This Government

There have been many excellent blogs, articles and podcasts on the government’s proposals for the “most radical reform to the employment law system for decades” contained in its “Resolving Workplace Disputes: Government Response to the Consultation” Here is my regrettably belated contribution to the debate.

The full review can be read by clicking the link, but if you don’t want to wade through all 55 pages of the report, here are the headlines. Vince Cable, the Business Secretary also added in some further proposals in a later speech.

This is a preview of The Most Radical Employment Law Reforms for Decades? Or a Spectacular Own-Goal?. Read the full post (1319 words, 3 images, estimated 5:17 mins reading time)
Filed Under: News, Practice & Procedure

Why Agency Workers Should Expect a P45 for Christmas

Posted on 14/11/2011 by Michael Scutt • 0 Comments

AWRimages Why Agency Workers Should Expect a P45 for Christmas unfair dismissal

Personnel Today, citing the CBI Employment Trends report, reports that the Agency Workers Regulations (AWR) that came into force on 1st October, have apparently led to employers reducing the number of temporary workers they employ.  The CBI calls for an “early review” of the AWR to ensure it is not making the UK uncompetitive and to remove any “gold-plating”.

This is a preview of Why Agency Workers Should Expect a P45 for Christmas. Read the full post (452 words, 1 image, estimated 1:48 mins reading time)
Filed Under: unfair dismissal

Derogatory “Private” Comments on Facebook Not Unfair Dismissal

Posted on 02/11/2011 by Michael Scutt • 4 Comments

 

appleimages Derogatory “Private” Comments on Facebook Not Unfair Dismissal unfair dismissal social media

Don't be Rude about Apple

 

A trickle of Employment Tribunal cases are coming through on dismissals associated with inappropriate or derogatory comments on Facebook.  The most recent, being Crisp v Apple Retail Ltd (unreported, as far as I can see) which held that an employee who posted (unspecified) derogatory comments about Apple and its products on a “private” Facebook page outside of his working hours was not unfairly dismissed for gross misconduct.  I would be interested to see the Judgment rather than just the brief summary in People Management Magazine (useful though that is) if anyone has it.

This is a preview of Derogatory “Private” Comments on Facebook Not Unfair Dismissal. Read the full post (621 words, 1 image, estimated 2:29 mins reading time)
Filed Under: social media, unfair dismissal

Protected Conversations? Protecting Who?

Posted on 27/10/2011 by Michael Scutt • 1 Comment

conversation 1367212c Protected Conversations? Protecting Who? unfair dismissal news

The headlines were grabbed yesterday by the leak of the Beecroft report’s proposal to abolish unfair dismissal in capability cases. Only slightly less newsworthy was Nick Clegg (the Lib Dem Deputy PM, leader of the supposedly caring party of government) announcing proposals to allow employers to have “protected conversations” with employees.  This is all part of the same agenda to cut red tape for business and to allow employers to get rid of underperforming workers and, interestingly, to discuss retirement with older workers, without the fear of being hauled off to an ET.

cleggimages Protected Conversations? Protecting Who? unfair dismissal news

Is Clegg protected?

This is a preview of Protected Conversations? Protecting Who?. Read the full post (466 words, 2 images, estimated 1:52 mins reading time)
Filed Under: News, unfair dismissal

The Beecroft Report: The Twitter Response

Posted on 26/10/2011 by Michael Scutt • 1 Comment

 

 

Twitter, well the bits of it I frequent anyway, have been abuzz with comments on the leaked Beecroft report which proposes abolishing unfair dismissal in capability cases.  I blogged on it this morning – click here.

Amidst all the tweets announcing the news there were some interesting and amusing comments, which I’ve collected below.  Most tweets I have seen are against the plans, a few make the point that the real issue is one of management and a few support it.  This is only a brief snapshot and I didn’t set out to try and gauge public opinion, although it seems those in favour are in the minority.

This is a preview of The Beecroft Report: The Twitter Response. Read the full post (855 words, 44 images, estimated 3:25 mins reading time)
Filed Under: News, unfair dismissal

Unfair Dismissal to be Abolished?

Posted on 26/10/2011 by Michael Scutt • 3 Comments
eweimages Unfair Dismissal to be Abolished? unfair dismissal news

She's not the only one getting tupped

 

The front cover of The Daily Telegraph today reports on how Wimpole Hall farm is setting up a “Ram-Cam” which will follow Paolo (an 18 month old ram) while he goes around mating on the farm.  The headline story though is “Give firms freedom to sack their slackers”, which discloses the existence of a confidential Downing Street report which recommends abolishing the law of unfair dismissal, thus being the second story about getting shafted on the Telegraph’s front page today.

This is a preview of Unfair Dismissal to be Abolished?. Read the full post (608 words, 1 image, estimated 2:26 mins reading time)
Filed Under: News, unfair dismissal

Can You Tell Your Boss to Fxxx Off and Get Away With It?

Posted on 14/09/2011 by Michael Scutt • 0 Comments

iStock 000014071275XSmall Can You Tell Your Boss to Fxxx Off and Get Away With It? unfair dismissal

 

As a general rule of thumb employees would usually be well advised not to try this course of action, even as banter.  One employee, Mrs Doman, who had been a customer service adviser with the Royal Mail for nine years told her supervisor to “Fxxx Off” and was sacked for her pains.

This is a preview of Can You Tell Your Boss to Fxxx Off and Get Away With It?. Read the full post (482 words, 1 image, estimated 1:56 mins reading time)
Filed Under: unfair dismissal

Riots, Looting and Unfair Dismissal

Posted on 20/08/2011 by Michael Scutt • 0 Comments

london riots 540x334 Riots, Looting and Unfair Dismissal unfair dismissal news

Now that the riots have passed away, thanks in no small part to the rain and a lot of police, the inquests can start. And the legal proceedings.  Police cells in London are said to be full to brimming with rioters and Magistrates Courts sitting all night and all weekend to get through the numbers being prosecuted. The airwaves and news media are thick with demands for retribution against the participants, for benefits to be cut and for evictions from social housing. Last week the Evening Standard carried a front page alleging that a teaching assistant had been arrested for participating in the riots. More such stories will surely follow and whilst it would be wrong to speculate on what might happen to any one particular person, are the Employment Tribunals going to get very busy over the next few months dealing with dismissed employees, leaving aside the issue that many rioters may have been unemployed or, scarily, beneath working age.

This is a preview of Riots, Looting and Unfair Dismissal. Read the full post (1219 words, 1 image, estimated 4:53 mins reading time)
Filed Under: News, unfair dismissal

Cartoon Time

Posted on 19/08/2011 by Michael Scutt • 0 Comments

wbTANDBERGir wideweb 430x323 Cartoon Time cartoons

Permanent link to this post (2 words, 1 image, estimated 0 secs reading time)
Filed Under: Cartoons

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 (486 words, estimated 1:57 mins reading time)
Filed Under: unfair dismissal