|Statistics on Early Conciliation|
ACAS has a statutory duty to promote the resolution of claims to the Employment Tribunal (ET), in order to avoid recourse to a full hearing, using its conciliation service. The landscape in which the service operates has changed significantly since April 2014, with the introduction of a new ACAS service, ‘Early Conciliation’ (EC). Now employees intending to lodge an ET claim have to contact ACAS in the first instance, to see if the dispute could be resolved through EC. ACAS has now published statistics showing the impact of the first year of Early Conciliation.
Published Aug 17, 2015 - 04:48 PM
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|Dismissal & Reasonable Responses|
In September 2011 Robert Newbound was dismissed from his employment with Thames Water Utilities Ltd after 34 years' continuous service. He used his own judgement deciding whether it was safe to enter a sewer without breathing equipment. The employer had recently introduced new health and safety practices, under which he had signed a form indicating that he knew he was required to use breathing equipment for this particular task. He presented a claim for unfair dismissal. The Tribunal (ET) found that he had been unfairly dismissed, but he had contributed to the dismissal to the extent of 40%. At a subsequent remedies hearing, a meeting to establish the level of compensation due, the company was ordered to pay £54,197.84.
Published Aug 17, 2015 - 04:44 PM
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|Review of Tribunal Fees|
The Government has announced its long-awaited review of employment tribunal fees. It is expected to conclude towards the end of the year. The objectives are stated as being;
• financial - through transferring a proportion of costs to the user,
• behavioural - in encouraging other ways of resolving disputes, and
• seeking to maintain access to justice.
Published Aug 17, 2015 - 04:40 PM
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|General Election – Employment Law Results|
General Election – Employment Law ResultsThe return of a Conservative Government without any sort of coalition should produce much more certainty about the future of employment law, over the next five years, than most of us were expecting. Having said that, the Conservative Party manifesto and election pledges do look to be the least ‘exciting’ of the proposals put forward by the other major parties, so maybe we will get some stability. It is difficult to see any of their plans being urgent, although it is possible that their plans for Trade Unions and Strikes may be prioritised if they are expecting some degree of ‘industrial unrest’, particularly in Scotland or on the railways. The new Business Secretary (see below) has said that this will be a priority.
Published Aug 17, 2015 - 04:34 PM
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|Fit for Work Service|
Fit for Work ServiceThe Fit for Work service was launched on 15th December 2014 to offer impartial advice to employers for dealing with long-term sickness absence. The free service will help employees return to work after they have been on sickness absence for four weeks or more. It will be rolled out in phases, over a period of months this year.
Published Aug 17, 2015 - 04:30 PM
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|2016 Short Course|
Recognising & Avoiding Employment Myths, Mistakes & MuddlePeterborough - 16th June, Newmarket -23rd June & Norwich - 11th October
Managing people rather than projects, products or providing services often strikes fear and dread into most Managers, but it does not have to be that way.
By coming along to our short, but informative course, business owners and Managers will be provided with basic essentials needed to avoid finding themselves on the wrong side of employment law - which can be costly!
Published Aug 17, 2015 - 02:02 PM
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|Forthcoming Events for 2016|
2016 Main Training ProgrammeCONDUCTING INVESTIGATIONS - AN ESSENTIAL TOOL FOR MANAGERS
Pitfalls & Perils of Poor Investigation
Newmarket - 19th January; Peterborough - 27th January; Norwich - 4th February
Managers have to be able to investigate a whole range of issues, anything from Discipline or Grievance cases, accidents at work, through to customer complaints. Getting this wrong can have significance consequences, e.g. financial, staff morale, reputation for your business, team and even customers. This course will help equip your Managers with the principles and practical skills that they need to conduct a thorough and fair investigation with confidence, as a prelude to further action which may vary from a customer complaint being upheld, through to commencing a formal disciplinary or grievance process.
Published Aug 03, 2015 - 01:22 PM
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|Zero Hours and New Contract Restrictions|
Provisions in the Small Business, Enterprise and Employment Act 2015 that render exclusivity clauses in zero-hours contracts unenforceable came into force on 26th May. The law now provides that any provision of a zero-hours contract which:
- prohibits the worker from doing work or performing services under another contract or under any other arrangement, or,
- prohibits him or her from doing so without the employer's consent,
is unenforceable against the worker.
Published Jun 02, 2015 - 03:39 PM
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|Inexperienced Disciplinary Chairman led to Successful Claim|
The warning for employers in the case of Thomson v Imperial College Healthcare NHS Trust is that appointing an inexperienced decision-maker to preside over a disciplinary procedure could make a resulting dismissal procedurally unfair.
Published May 18, 2015 - 08:00 AM
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A woman banker Svetlana Lokhova in the London office of a Russian bank has been awarded £3.1 million after being driven to a mental breakdown by a campaign of harassment and unfounded drug slurs. At an employment tribunal she won on four heads of claim which were in respect of sex discrimination amounting to constructive dismissal, victimisation, whistleblowing and sexual harassment.
Published May 15, 2015 - 11:59 AM
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