Email: law@baineswilson.co.uk Tel: 01228 552600 Fax: 01228 549560
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In our Employment Alert dated 4 October 2011, we reported that the qualifying period for an employee to bring an ‘ordinary’ unfair dismissal claim would be increasing to two years. The proposal is part of the Government’s plan to boost economic growth and improve business confidence.
Disclosure means formally stating that documents or classes of documents exist or have existed. All parties to civil proceedings in England and Wales must give disclosure, subject to some very narrow exceptions. Subject to some very important exceptions, your opponent has the right to inspect and/or take copies of disclosed documents. Privileged documents must be disclosed but may not be inspected.
As freezing rain and ice covered roads cause havoc for many of the commuting public, this recent cold snap also coincides with the recent ‘national sickie day,’ the label applied over recent years to the first Monday in February, which is known as the day on which most employees take the day off ‘sick’.
There may be a variety of reasons why the first Monday in February is particularly prone to being a popular ‘sick day,’ but it highlights for some employers a more deep seated problem of persistent short-term sickness absenteeism, where the genuineness of absence is often in doubt, but employers feel powerless to act.
After the recent pessimistic figures on youth unemployment and the fall in university applications, it is no doubt with some relief that the focus can move from the negative to the positive with National Apprenticeship Week. Launched by the National Apprenticeship Service, It is the fifth year of the initiative, which seeks to raise the profile and importance of apprenticeships.
It is an established common law principle that employers are liable for the acts (or omissions) of employees acting within the “course of their employment.” The Court of Appeal has recently considered whether the victims of the employees’ actions (who were also employees) could successfully sue their employers within the scope of this principle.
A recent Court of Appeal decision illustrates the dangers for businesses of relying on conversations and unsigned draft agreements.
A recent Employment Appeal Tribunal (EAT) case has considered the correct test to be applied where, in a redundancy situation, an employee refuses to accept an offer of suitable alternative employment.
A recent remedy decision has highlighted the huge awards that can be made by an Employment Tribunal.
An interesting tale……..a recent judgment from the Technology and Construction Court provides a powerful warning that, even in the high pressure run-up to a full trial, and in circumstances where both parties were represented by solicitors, the court will give effect to a client's settlement of a dispute.
It is a long established principle that employees owe an implied duty to serve their employer with good faith and fidelity.
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Tel: 01228 552600
Fax: 01228 549560
Email: law@baineswilson.co.uk
