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employment-law

Court Clarifies When Facts Known by Junior Employees are to be Treated as ‘Known’ by the Employer

Businesses that entrust specific tasks to employees should make sure their policies, procedures and training require them to pass on health and safety-related facts they become aware of when carrying out those tasks to more senior managers. This is because any such facts will be treated as 'known' by the company as a whole if [...]

New guidance from Acas on employees with long-term or life-threatening conditions

Acas has published a new guide to help employers manage staff with long-term or potentially life-threatening conditions, including cancer, HIV and multiple sclerosis. As well as specific sections on these three conditions, the guidance, Conditions automatically treated as a disability - The Equality Act and Cancer, MS and HIV, covers topics including telling the employer, [...]

Small businesses may be able to rely on external advice when dismissing an employee

A small and/or owner-managed employer may fairly dismiss an employee on the advice of an external HR consultant in certain circumstances, according to a recent ruling. The owner of a small business had nine employees and dismissed a senior manager for gross misconduct. The conduct in question involved "a senior manager engaging in sexual activity [...]

An employee left, threatening to sue us, over four months ago. Since then we have heard nothing. Are we off the hook?

Unfair and constructive dismissal claims must be made within three months (three months less at least one day, or the claim will be barred) of the effective date of termination of employment (although there is provision to extend the deadline in certain circumstances). Claims are being scrutinised much more rigorously, and it is unlikely that [...]

Self-employed or Worker – what rights do subcontractors have?

Trade businesses frequently use subcontractors to help meet the demand of their workload. Often there is no difficulty in establishing that subcontractors are self-employed and are therefore afforded no employment related rights against the contracting business. If the relationship between the business and the subcontractor renders the latter a ‘worker’, then there are additional obligations [...]
Suspending an employee pending investigations was not a ‘neutral act’, and amounted to constructive dismissal

Suspending an employee pending investigations was not a ‘neutral act’, and amounted to constructive dismissal

Employers should not suspend employees as a first reaction to a potential disciplinary matter, and only after an appropriate initial investigation, and after the employee is given opportunity to respond to the allegations - particularly where the employee’s job is vocational, a recent ruling makes clear. A teacher was suspended following allegations she had used [...]

Overtime Necessary to Complete Jobs After Shift End Should Be Included When Calculating Holiday Pay

Employers whose employees are required to work overtime after their shift has ended, in order to finish off work on emergency or other matters, should ensure they include such overtime when calculating employees' holiday pay under the Working Time Regulations, a ruling makes clear. Ambulance staff claimed unlawful deductions from wages on grounds that their [...]