Welcome to this month’s Review. In this issue we look at the upcoming changes to directors’ responsibilities, a ground-breaking tribunal case relating to the reversal of the burden of proof in victimisation claims, interesting methods used to creatively manage sickness absences and we introduce a new addition to Freeth Cartwright LLP.
In this month’s Review we report on whether an employer is in breach of contract if they terminate the contract by making a payment in lieu of notice when no such clause exists in the contract; the scope of stress at work claims in the context of employment procedures; the enforceability of non-dealing covenants; the increases in annual leave entitlement; and the findings of this year’s ACAS Annual Report.
In this month’s review we cover the first Tribunal decision dealing with the new “service provision change” definition of a transfer within TUPE 2006. There are also interesting cases about the ownership of an employee’s contacts list stored on the employer’s computer and the implications of an employee breaching warranty provisions within a compromise agreement.
In this month’s review we report on two cases that provide further guidance on the statutory dispute resolution procedures. One of these is particularly important, as it determined that an employer’s notes taken during a meeting with an employee could fulfil step one of the statutory grievance procedures. We also consider a Court of Appeal decision that has provided some further guidance on when communications will be regarded as being ‘without prejudice’ and therefore inadmissible in legal proceedings.
In this month’s review we consider some recent decisions on sick pay and holiday entitlements, as well as a case illustrating that it is not always easy for employees to demonstrate that changes have been implied into their contracts of employment by the conduct of the parties.
In this month’s review we report on whether the statutory grievance procedure applies if the employee claims discrimination arising from a dismissal; the protection afforded to a whistleblower from detriment by his employer; a change in the national minimum wage rates; the tale of the most difficult litigant in person ever; and the start of the process to potentially abolish the statutory dispute resolution procedures.
In this month’s Review we identify some interesting cases including: whether the UK has adequately implemented the EC directive against discrimination on the grounds of age; how employers are prohibited from taking into account expired disciplinary warnings when determining a sanction for subsequent disciplinary problems; and a warning shot about dealing with work-related stress. There is, however, some good news on non-competition restrictive covenants! We hope you enjoy and find it useful.
In this review we report on meeting the requirements of Statutory Disciplinary and Dismissal Procedures (SDDP) in relation to Section 98A(2) ERA “Polkey Reversal”; How section 98A(1) applies where SDDPs are not completed in relation to a dismissal; a case where a dismissed employee was not entitled to full pay in lieu of notice; the changes introduced by the Work and Families Act 2006; many recent discrimination cases including religious, disability, sex, age; and many more.