Employment Law e-alert December 2012

Size: px
Start display at page:

Download "Employment Law e-alert December 2012"

Transcription

1 Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair dismissal. Q&A: Unfair Dismissal 1. What is unfair dismissal? The right not to be unfairly dismissed is a creation of statute. It is set out in the Employment Rights Act 1996 (Act). An employer who dismisses a qualifying employee will have unfairly dismissed that employee unless: The employer can show that it dismissed the employee for one of five potentially fair reasons that are set out in the Act; and The employer acted reasonably in relying upon that reason in order to justify the employee s dismissal (e.g. it followed a fair procedure). What equates to a fair procedure will vary, both according to the reason for dismissal and the individual circumstances of each case. 2. What is a fair reason for dismissal? In order to be a fair reason for dismissal, it must fall into one of the following five categories: Conduct Capability (this includes both poor performance and ill-health) Redundancy Where continued employment would be a breach of statutory duty or restriction Some other substantial reason (SOSR) An example of dismissal for a breach of statutory duty (or restriction) is where continued employment would be a breach of immigration rules. SOSR is a catch-all category where the reason for dismissal does not fall into one of the other categories. One of the most common SOSR dismissals is where there has been a breakdown in trust and confidence between the parties. Another is where the employer is reorganising its workforce, which may lead to dismissals, but those reorganisation dismissals do not fall under the statutory definition of a redundancy dismissal. 3. Once an employer has established a potentially fair reason for dismissal, how does an employment tribunal decide if an employer has acted reasonably (and therefore fairly) in dismissing the employee?

2 An employment tribunal has to consider whether, taking into account all the circumstances, a reasonable employer could have dismissed the employee for the reason it based its dismissal upon. Over the years case law has developed in order to formulate particular tests for different types of dismissal. For example, in relation to dismissals on grounds of an employee s misconduct, case law has established that in order for the dismissal to be fair, the tribunal will have to satisfy itself that at the time of making the decision to dismiss: the employer believed, and had reasonable grounds for believing, that the employee was guilty of the misconduct in question; and that before it formed its belief, it had carried out such investigation into the misconduct as was reasonable in the circumstances. The questions that a tribunal needs to ask itself in order to assess the reasonableness of other types of dismissal, such as poor performance and redundancy, are different. In addition, if dismissal was for poor performance or misconduct, an employment tribunal will also take into account whether or not the employer has complied with the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures (ACAS Code) in determining the fairness of the dismissal. What a Tribunal should not do is to substitute what it would have done in the same situation. It should only consider whether the employer s decision to dismiss fell within the range of reasonable responses that an employer might have taken. 4. Can an employer use information that comes into its possession after the dismissal in order to justify the fairness of the dismissal? No. In determining whether or not a dismissal was fair, an employment tribunal can only take into account facts known to the person making the decision to dismiss at the time that they reached their decision. 5. Who can claim unfair dismissal? Unless the dismissal is for an automatically unfair reason (see below) an individual must satisfy the following eligibility criteria in order to bring a claim for unfair dismissal: They must be an employee; and If the employment commenced prior to 6 April 2012, he or she must have accrued at least one year s continuous service with the employer by the date that the employment terminated, or If the employment commenced on or after 6 April 2012, he or she must have accrued at least two years continuous service with the employer at the termination date. 6. What is automatically unfair dismissal? An automatically unfair dismissal is a dismissal for a reason that has been deemed by statute to be unfair, irrespective of how fair the dismissal procedure was that had been followed. Examples of reasons that would render a dismissal automatically unfair are dismissal on grounds of an employee s pregnancy or trade union activities, or dismissal in response to an employee blowing the whistle on the employer s unlawful activities. In contrast to ordinary unfair dismissal claims, employees do not generally have to satisfy any length of service criteria in order to bring a claim of automatically unfair dismissal.

3 7. Who has to prove what in the employment tribunal if an employee brings an unfair dismissal claim? An employment tribunal will deal with an ordinary unfair dismissal claim in the following way: Unless admitted by the employer, the employee first has to prove that they have been dismissed. This is usually only an issue for an employee in cases of constructive dismissal, where he or she must demonstrate that the employer acted in such a way that the employee was justified in treating himself or herself as constructively dismissed by the employer. Once the employee s dismissal has been established, the burden then shifts to the employer to show that it had one of the five potentially fair reasons for dismissing the employee (see above). If the employer is successful in identifying a potentially fair reason for the dismissal, it is then for the employment tribunal to consider if it was reasonable for the employer in all the circumstances to have dismissed the employee for that reason. In practical terms, this usually involves the employee setting out why it thinks the process was unreasonable and/or unfair and the employer responding with an explanation as to why its actions were fair. 8. If an employer has unfairly dismissed an employee, what penalties might it face? These are as follows: A Re-instatement Order this is subject to the agreement of the employee and requires the employer to re-instate the employee to their old job and to treat them as if they had never left in terms of pay and other terms, including the payment of back pay for the period that the employee has not been at work. A Re-engagement Order - this is again subject to the agreement of the employee and requires the employer (or its successor or an associated employer) to employ the employee in a role that is comparable to the one that they left, or is a suitable alternative one. It is ordered where re-instatement is not practicable. As with a reinstatement order, an employee will be entitled to back pay for the period between the date that the employment ended and the date that they start back at work. Basic Award - this award is calculated by reference to a statutory formula, which varies according to the employee s age, length of service and pay. It is the same formula as the one used for calculating statutory redundancy pay. Compensatory Award this award is for all financial losses suffered by the employee directly as a result of the unfair dismissal. It is primarily based upon an employee s loss of earnings for such period as the tribunal thinks appropriate, subject to the employee giving credit for any sums earned elsewhere; and subject to the employee mitigating his or her losses by seeking alternative employment and/or income. The compensatory award is in most cases limited to what is known as the statutory cap, which currently stands at 72,300. Re-instatement and re-engagement orders are rare (less than 1% of successful unfair dismissal awards), generally because the employee normally only wants to receive compensation and, even if ordered, the employer need not comply (although in those circumstances it will face paying what is referred to as an additional award over and above any Basic and Compensatory Award).

4 9. Is there anything that can reduce the amount of compensation that might otherwise be awarded to an employee who has been unfairly dismissed? There are a number of situations that can result in a reduction in the amount of compensation that might otherwise be awarded, as follows: Where it applies, an employee s unreasonable failure to follow the ACAS Code (e.g. a failure to attend disciplinary meetings or a failure to appeal). This can lead to an employment tribunal reducing the compensatory award by up to 25% (it is also worth noting that an employer s unreasonable failure to comply with the ACAS Code can result in an increase in the amount of compensation awarded of up to 25%). Where an employment tribunal concludes that an employee would have been fairly dismissed even if the employer had followed a fair procedure. This is known as a Polkey reduction after the name of the case from which the principle came. The reduction can be anything up to 100% of the compensation awarded. Where an employee is considered by the employment tribunal to have contributed to his or her own dismissal in some way. This is known as a reduction for contributory fault. Where an employee fails to mitigate their loss of earnings by making reasonable efforts to find another job or an alternative source of income. Tales from the Tribunal In this section, we bring you a summary of important practical points for employers arising from recently reported cases. Dismissal for redundancy judged to be fair despite lack of consultation A dismissal on grounds of redundancy, although a potentially fair reason for dismissal (see Q&A section on unfair dismissal above), will almost always be unfair if there has been no consultation with the employee. However, in the past, case law has recognised that there are cases, albeit rare, where consultation would have been futile so that the lack of consultation will not in itself render the dismissal unfair. In this case both the Employment Tribunal and the Employment Appeal Tribunal agreed that the commercial sensitivity and urgency of the employer s re-structure of its business that led to the employee s redundancy and which was necessary to secure the company s future, was such that it was reasonable for the employer not to have consulted the employee about its plans prior to the meeting in which his redundancy was confirmed. Comment: As there have been so few cases in which this issue has been decided in favour of the employer, employers should not feel that this case gives them the green light to skip consultation with a potentially redundant employee unless the commercial risk of doing so is sufficiently high as to warrant taking on the risk of an unfair dismissal claim (Ashby v JJ Sports plc). Employee dismissed on grounds of ill health that prevented him from participating in the employer s PHI scheme was not entitled to damages As a result of case law that had previously developed on the subject, it had generally been considered that where an employee was potentially entitled to benefits under a permanent health insurance (PHI) scheme operated by the employer, a term would be implied into that contract of employment to the effect that an employer would not dismiss such an

5 employee so as to deprive them of that benefit. This implied term overrode any express right in the contract to dismiss the employee for reasons of ill health. The only exception to this would be an employee who was dismissed for an unrelated reason, such as gross misconduct. This case concerned an employee whose employment was terminated on grounds of ill health before he could receive any payments under the employer s PHI scheme. However, the right to benefit under the permanent health insurance was not contained in the contract of employment and the contract included a statement that the only terms of the contract were those expressly set out in the contract itself, known as an entire agreement clause. The contract included a term that the employer could dismiss the employee on grounds of ill health. In these circumstances the court rejected the employee s claim for damages, which was based on the employer s alleged breach of an implied contractual term that it would not dismiss the employee on grounds of ill health in order to prevent him receiving PHI benefits. In rejecting the claim, the court noted that the circumstances of the case that had previously established the implied term referred to above, included the fact that the employer in that case had not intended the employee s dismissal to have the effect of depriving him of PHI benefits. This was not the case here. Comment: Given the financial exposure of this type of breach of contract claim for an employer (which is usually for the total amount that would have been payable to the employee under the PHI scheme), employers should remain wary if they wish to consider the termination of employment of an employee on grounds of ill health in circumstances where that might deprive the employee concerned of receiving benefits under a PHI scheme. (Lloyd v BCQ Ltd). News round up In this section, we bring you a summary of other employment related news. New flexible parental leave scheme and extended right to request flexible working to be introduced As part of its response to its Modern Workplaces consultation, the Government has now announced two important changes: First, the introduction of a new system of flexible parental leave. This will permit a woman who returns to work before the expiry of her maximum 52 week maternity leave period to elect that up to 50 weeks of any untaken maternity leave should instead be taken as flexible parental leave, to be shared between the mother and her partner as they see fit. The concern for employers will no doubt be the burden of how it is going to administer such a scheme. It is expected be introduced in Secondly, an extension of the current statutory right to request flexible working, from those with children under 17 (or under 18 if the child is disabled), to all employees. The 26 weeks continuous service requirement will remain as it is but the current statutory procedure under which flexible working requests must be dealt will be replaced with a duty on employers to deal with requests in a reasonable manner and within a reasonable period of time. It is unclear whether or not the current business grounds on which employers are permitted to refuse flexible working requests will remain. This right is expected to be extended to all employees from 2014.

6 This information is intended as a guide only and is correct at the time of publication. There may be subsequent changes in the law and we advise you that you seek professional legal advice on specific problems. Wilsons Solicitors LLP. Wilsons Solicitors LLP is a limited partnership registered in England, registered number OC and is authorised and regulated by the Solicitors' Regulation Authority under Registration number A list of members of the LLP is displayed at the address below together with a list of those nonmembers who are designated partners. Employment Team: Stephen Oxley, Head of Employment. Alexandra House, St Johns Street, Salisbury SP1 2SB Tel Fax enquiries@wilsonslaw.com

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

Unfair Dismissals. Questions & Answers

Unfair Dismissals. Questions & Answers Unfair Dismissals Questions & Answers What is unfair dismissal? Unfair dismissal is where an employee claims that his or her employer s decision to terminate their employment was unfair. Unfair reasons

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of

More information

Practical guide... termination of employment

Practical guide... termination of employment The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a

More information

W4MP Guide: Employment Rights

W4MP Guide: Employment Rights W4MP Guide: Employment Rights This guide aims to provide a basic outline of the main employment rights issues that are relevant to staff who are responsible for recruiting new staff, employees of MPs who

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

Employment Law in Bermuda

Employment Law in Bermuda Employment Law in Bermuda Foreword This memorandum has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements

More information

Summary of the law on FAMILY FRIENDLY RIGHTS

Summary of the law on FAMILY FRIENDLY RIGHTS Summary of the law on FAMILY FRIENDLY RIGHTS Family friendly rights include, maternity, paternity and parental leave and rights for part-time workers. This booklet is solely concerned with the employment

More information

The statutory discipline and grievance resolution procedures what you need to know

The statutory discipline and grievance resolution procedures what you need to know The statutory discipline and grievance resolution procedures what you need to know Statutory procedures governing disciplinary, dismissal and grievance issues introduced by the Employment Act 2002 overhauled

More information

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee.

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. Dismissal Procedures There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. An employee s employment can be

More information

John Evason, Monica Kurnatowska and Daniel Ellis Partners, Collective Rights Group

John Evason, Monica Kurnatowska and Daniel Ellis Partners, Collective Rights Group Employment Focus on Redundancy London August 2008 Contents What is Redundancy?.........................2 Individual Consultation........................3 Collective Consultation........................4

More information

Latest Elham Breakfast Forum report 6.11.15: Is it fair? AMB notes

Latest Elham Breakfast Forum report 6.11.15: Is it fair? AMB notes Latest Elham Breakfast Forum report 6.11.15: Is it fair? AMB notes Employer has to show The reason for dismissal That is one of the fair grounds. (no pun intended) Employers will always try and ensure

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

Employment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP

Employment Law Made Easy by Melanie Slocombe, Consultant Solicitor at Henmans LLP This is an excerpt from Lawpack s book Employment Law Made Easy. To find out more about the employment law regulations and how they should be applied in the workplace, click here. Employment Law Made Easy

More information

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596 Examining the 10 most common employment law myths Newsletter 4 February 4 th 2015 www.fb-education.co.uk 01332 227596 10 most common employment law myths By Andrew Nicklin Employment Solicitor for Education

More information

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661 Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment

More information

Employment Law Glossary of key terms and abbreviations

Employment Law Glossary of key terms and abbreviations Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to

More information

STATUTORY DISPUTE RESOLUTION

STATUTORY DISPUTE RESOLUTION STATUTORY DISPUTE RESOLUTION The Employment Act (Dispute Resolution) Regulations 2004 set out the minimum steps that employers must follow (except in exceptional circumstances) when proposing to dismiss

More information

The Little Book of UK Employment Law for US Employers. Handling dismissals in the UK

The Little Book of UK Employment Law for US Employers. Handling dismissals in the UK The Little Book of UK Employment Law for US Employers Handling dismissals in the UK Two countries separated by a common language. (George Bernard Shaw) Welcome 2 Employment contracts: anti at will! 4 But

More information

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals

Unfair Dismissals. Termination of Employment Series. Unfair Dismissals Unfair Dismissals Termination of Employment Series Unfair Dismissals The best protection from unfair treatment in the workplace is to become a union member as unionised employments tend to have better,

More information

HR ADVISORY BULLETIN 1. Discipline & Grievance

HR ADVISORY BULLETIN 1. Discipline & Grievance HR ADVISORY BULLETIN 1 Discipline & Grievance V1 January 2012 Protect DISCLAIMER The information contained within this pamphlet is for guidance only. The purpose of this pamphlet is to provide information

More information

IOSH Annual Conference 14 th May 2015

IOSH Annual Conference 14 th May 2015 IOSH Annual Conference 14 th May 2015 When an accident investigation reveals misconduct David Hughes Partner & Solicitor Advocate Resolving the different aims of H&S and HR What are the aims of H&S and

More information

EMPLOYMENT LAW BRIEFING ADVICE FOR CLUBS

EMPLOYMENT LAW BRIEFING ADVICE FOR CLUBS EMPLOYMENT LAW BRIEFING ADVICE FOR CLUBS I VOLUNTEER, CONSULTANT OR EMPLOYEE? II PAYMENT: NATIONAL MINIMUM WAGE AND HONORARIA III CONTRACTS OF EMPLOYMENT IV FIXED TERM CONTRACTS V THE ACAS CODE OF PRACTICE

More information

The exit s that way. Employment termination

The exit s that way. Employment termination Darling, bad news. I ve been sacked, all bar an investigation, a grievance, a disciplinary hearing, an appeal and possible tribunal! The exit s that way. Employment termination 1 Tribunal Claim Statistics

More information

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP Grievance Any concern, problem or complaint that an employee raises with their employer DISCIPLINE AND GRIEVANCE WORKSHOP Why important? Staff morale Employment tribunal claims Constructive unfair dismissal

More information

Employment law changes for 2014 what do they mean for your business?

Employment law changes for 2014 what do they mean for your business? Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including

More information

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are

More information

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES September 2004 NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES With effect from 1 October 2004, new statutory dismissal and disciplinary procedures ("DDP") and grievance procedures ("GP")

More information

Agency Worker Regulations

Agency Worker Regulations The Agency Workers Directive is a piece of European legislation which became law on 5th December 2008. All EU member states have 3 years from that date to implement the Directive via their own national

More information

AUTOMART LIMITED V. WAQA ROKOTUINASAU - ERCA NO. 9 OF 2012 JUDGMENT

AUTOMART LIMITED V. WAQA ROKOTUINASAU - ERCA NO. 9 OF 2012 JUDGMENT IN THE EMPLOYMENT RELATIONS COURT AT SUVA APPELLATE JURISDICTION CASE NUMBER: ERCA NO. 09 OF 2012 BETWEEN: AUTOMART LIMITED APPELLANT AND: WAQA ROKOTUINASAU RESPONDENT Appearances: Ms. Drova for the Appellant.

More information

Dismissing senior executives in China

Dismissing senior executives in China Briefing Dismissing senior executives in China Summary Terminating the employment of senior executives can be tricky in any jurisdiction and the People s Republic of China (PRC) is no exception. This briefing

More information

LEGAL UPDATES AND FACTSHEETS

LEGAL UPDATES AND FACTSHEETS LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection

More information

Varying a contract of employment

Varying a contract of employment Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s

More information

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed

Unfair Dismissal Overview Definitions What is a dismissal? Constructive Dismissal not What is unfair dismissal? unfairly dismissed Unfair Dismissal Overview This module contains information on the new unfair dismissal laws and covers off the following matters: Definitions surrounding unfair dismissal The Small Business Fair Dismissal

More information

Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct)

Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct) Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct) 1. Introduction It is important that all members of staff are aware of the standards required of them at work

More information

unfair dismissals march 2009 s

unfair dismissals march 2009 s unfair dismissals march 2009 1 Introduction The Unfair Dismissals Acts 1977-2007 set up a system of complaint by which the fairness of an employer s decision to dismiss an employee may be contested by

More information

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES This guide tells you about new rights and procedures you must follow if you have a grievance in work are facing

More information

Bindmans Employment News

Bindmans Employment News Bindmans Employment News July 2009 Dispute Resolution: Changes in the Law Contents Dispute Resolution: Changes in the Law Case Law Update Seminars & Lectures Mark Emery Promoted to Partner Bindmans Employment

More information

Guide to Employment Tribunal Proceedings

Guide to Employment Tribunal Proceedings Guide to Employment Tribunal Proceedings BallantyneGrant Solicitors the litigation specialists www.ballantynegrantllp.com INTRODUCTION This guide is the second in our series of articles explaining various

More information

Employment / immigration. What does it mean to take on employees?

Employment / immigration. What does it mean to take on employees? Employment / immigration What does it mean to take on employees? Contents Overview...01 Contracts of employment...01 Maximum working hours and holiday entitlement...01 National minimum wage...01 Statutory

More information

MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS

MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS Employers should comply with the Acas Code of Practice for disciplinary and grievance procedures which can be downloaded from www.acas.org.uk/dgcode2009.

More information

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES. Guidance for employers

DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES. Guidance for employers DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES Guidance for employers Contents Foreword...1 Chapter 1: Disciplinary and dismissal procedures...2 Communicating your disciplinary and grievance procedures...2

More information

EMPLOYMENT TRIBUNALS

EMPLOYMENT TRIBUNALS EMPLOYMENT TRIBUNALS INTRODUCTION TO THE CASE STUDY AND TRIBUNAL TIMELINE ASSESSING THE RISKS AND FORMULATING A LITIGATION STRATEGY The Litigation Strategy Assessing the Risks Starting point determine

More information

AGE DISCRIMINATION. Summary of the law on

AGE DISCRIMINATION. Summary of the law on Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in

More information

STRESS AT WORK. Summary of the law on

STRESS AT WORK. Summary of the law on Summary of the law on STRESS AT WORK Stress means different things to different people, but in general terms it s a reaction to excessive pressure or harassment at work. This booklet is solely concerned

More information

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006 STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th

More information

Harold Benjamin. employment pocket guide

Harold Benjamin. employment pocket guide Harold Benjamin employment pocket guide did you know? Employees accrue holiday entitlement when they are on sick leave and maternity leave. There is now no set retirement age. Before an employee can bring

More information

Defending An Employment Tribunal Claim

Defending An Employment Tribunal Claim Defending An Employment Tribunal Claim 1. Employment tribunals What you need to know to defend a claim Employment tribunals hear cases and make decisions on employment issues such as unfair dismissal,

More information

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network Redundancy A Guide TOP RANKED CHAMBERS GLOBAL 2013 Leading Law Firm Network 4500 Lawyers 87 Firms 57 Countries INTRODUCTION The decision to make employees redundant is never one that is taken lightly.

More information

Discipline and Dismissal

Discipline and Dismissal Discipline and Dismissal Donna Ingleby Ed Jenneson Topics for today's briefing: Planning and Compulsory Purchase Act 2004 Capability Procedure Grievance Procedure The ACAS Code 1 Unfair Dismissal The Start

More information

Varying a contract of employment

Varying a contract of employment Varying a contract of employment Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up to date with

More information

REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION!

REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION! REPEAL OF THE STATUTORY DISCIPLINARY AND GRIEVANCE PROCEDURE: ACTION! We recently wrote about the repeal of the Statutory Disciplinary and Grievance Procedure. The repeal will be effective from 6 April

More information

A new shape of lawyer. Guide to redundancy law

A new shape of lawyer. Guide to redundancy law A new shape of lawyer Guide to redundancy law The prospect of having to deal with redundancy situations can be daunting for both employers and employees. The law provides employees with a number of rights

More information

CAREY OLSEN STARTING POINT EMPLOYMENT LAW GUIDE: JERSEY EMPLOYMENT LAW

CAREY OLSEN STARTING POINT EMPLOYMENT LAW GUIDE: JERSEY EMPLOYMENT LAW CAREY OLSEN STARTING POINT EMPLOYMENT LAW GUIDE: JERSEY EMPLOYMENT LAW DECEMBER 2015 EMPLOYMENT, PENSIONS & INCENTIVES CAREYOLSEN.COM BRITISH VIRGIN ISLANDS CAYMAN ISLANDS GUERNSEY JERSEY CAPE TOWN LONDON

More information

DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Content Policy statement 1. Principles 2. Standards 3. Disciplinary procedure 4. Investigation

More information

The Little Book of Employment Law

The Little Book of Employment Law The Little Book of Employment Law General principles 2 I can't be sacked for being flamboyant Discrimination damages people 6 Whistleblowing 8 Recruitment 12 Employment terms 14 Family friendly rights

More information

Phoenix Resourcing Services (Holdings) Ltd (PRS) and all PRS Group Companies TERMS AND CONDITIONS FOR PERMANENT RECRUITMENT

Phoenix Resourcing Services (Holdings) Ltd (PRS) and all PRS Group Companies TERMS AND CONDITIONS FOR PERMANENT RECRUITMENT Phoenix Resourcing Services (Holdings) Ltd (PRS) and all PRS Group Companies TERMS AND CONDITIONS FOR PERMANENT RECRUITMENT 1 APPLICATION OF THESE TERMS 1.1 All and any business relating to permanent recruitment

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE Author: Julie Newnham Revised : August 2013 Review Date: August 2014 Students First DISCIPLINARY PROCEDURES 1 Scope and purpose 1.1 This procedure applies to all employees other

More information

Dealing with Employee Claims

Dealing with Employee Claims STATEMENT OF INSOLVENCY PRACTICE S15B Dealing with Employee Claims Contents Paragraphs Introduction 1 4 Statutory Entitlements 5 6 Redundancy Payments Acts 1967 to 2003 7 11 Protection of Employees (Employers

More information

MATERNITY AND PATERNITY LEAVE

MATERNITY AND PATERNITY LEAVE MATERNITY AND PATERNITY LEAVE This article first appeared in Employment Law & Litigation volume 8 issue 4 2003 The Maternity and Parental Leave Regulations 1999 SI 1999/3312 (MPLR) and the Employment Rights

More information

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS 1 LEAD PROVIDER FRAMEWORK - CALL OFF TERMS AND CONDITIONS - SUMMARY Where an Order Form is issued by the Authority that refers to the Framework Agreement,

More information

Employment Law Update

Employment Law Update Employment Law Update Autumn 2008 Issue Contents Current Rates National Minimum Wage Maternity and Paternity Pay Compensation Limits Recent Developments National Minimum Wage and Tips Changes to Sex Discrimination

More information

[EMPLOYERS NAME AND ADDRESS]

[EMPLOYERS NAME AND ADDRESS] THIS CONTRACT HAS BEEN PROVIDED BY WITHY KING SOLICITORS FOR MEMBERS OF ANA THIS IS FOR GUIDANCE ONLY. IS YOUR RESPONSIBILITY TO ENSURE ITS LEGAL CONTENT. Contracts Drawing up a contract at the beginning

More information

New Disciplinary and Grievance Rules

New Disciplinary and Grievance Rules March 2009 / Special Alert A legal update from Dechert s Employment Law Group New Disciplinary and Grievance Rules d Introduction The Employment Act 2008, which comes into effect on 6 April 2009, repeals

More information

How To Settle A Dispute With A Worker

How To Settle A Dispute With A Worker 8 May 2014 South London CIPD Employment Law Update Settling Employment Claims The Options Contractual claims No required format Statutory claims Agreed through Acas Settlement agreement in required format

More information

DISCIPLINARY AND GRIEVANCE PROCEDURES CASH PAYMENT WRITTEN WARNING. We provide an overview of what employers should include in their procedures.

DISCIPLINARY AND GRIEVANCE PROCEDURES CASH PAYMENT WRITTEN WARNING. We provide an overview of what employers should include in their procedures. DISCIPLINARY AND GRIEVANCE PROCEDURES We provide an overview of what employers should include in their procedures. CASH PAYMENT Employers can dismiss an employee, even if they have not heard an outstanding

More information

TUPE - The Latest. special reports

TUPE - The Latest. special reports What if employees don t want to transfer? An employee has the fundamental freedom to choose their employer. Therefore, on notification of the proposed transfer, an employee has the right not to transfer

More information

RACE DISCRIMINATION. Summary of the law on

RACE DISCRIMINATION. Summary of the law on Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply

More information

employment key facts 2015/16. working together. www.morrlaw.com employment@morrlaw.com Head office: 01737 854 500

employment key facts 2015/16. working together. www.morrlaw.com employment@morrlaw.com Head office: 01737 854 500 working together. employment key facts 2015/16. www.morrlaw.com employment@morrlaw.com Head office: 01737 854 500 Head office: Clarendon House, Clarendon Road, Redhill, Surrey RH1 1FB Employment law developments

More information

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006 Schedule 11 The Transfer of Undertakings (Protection of Employment) Regulations 2006 1 Definitions 1.1 In this Schedule 11 the following definitions apply: Contractor Personnel means any employee, worker,

More information

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales.

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales. DISCIPLINE POLICY FOR STAFF OCTOBER 2014 HARINGTON SCHOOL RUTLAND office@haringtonschool.com www. haringtonschool.com Harington School. Registered Company Number 9031174. Company limited by guarantee.

More information

Memorandum. General Overview Employment Law/The Hong Kong Special Administrative Region of the People s Republic of China

Memorandum. General Overview Employment Law/The Hong Kong Special Administrative Region of the People s Republic of China Memorandum General Overview Employment Law/The Hong Kong Special Administrative Region of the People s Republic of China 1. General 1. Brief Introduction Hong Kong is a fairly laissez-faire economy and

More information

Elite. Employment practices liability insurance

Elite. Employment practices liability insurance Elite Employment practices liability insurance The last few years have been extraordinarily active in shaping workplace law and this looks set to continue with employee rights strengthening. In addition,

More information

Disciplinary Policy & Procedure. Version 2.0

Disciplinary Policy & Procedure. Version 2.0 Disciplinary Policy & Procedure Version 2.0 Date of Last Update: February 2015 Version Control Note: minor updates increase version number by 0.1, major updates increase version number by 1.0. Version

More information

Termination of Employment: Including Unfair Dismissal

Termination of Employment: Including Unfair Dismissal Termination of Employment: Including Unfair Dismissal There are many different ways that your employment may end, and each way has different legal requirements and implications. Dismissal If you are a

More information

(2) name whose principal place of business is address (hereafter referred to as 'the Consultant').

(2) name whose principal place of business is address (hereafter referred to as 'the Consultant'). NB This is an example of the type of agreement we may require with a consultant. Individual circumstances and AACT s requirements may alter the format in particular instances. THIS AGREEMENT FOR CONSULTANCY

More information

Discipline. Managing People. VOIP 2000 - HR Direct Fife Council April 2015 1 DI02. P o l i c y a n d P r o c e d u r e. 1 Purpose and Scope

Discipline. Managing People. VOIP 2000 - HR Direct Fife Council April 2015 1 DI02. P o l i c y a n d P r o c e d u r e. 1 Purpose and Scope Discipline P o l i c y a n d P r o c e d u r e 1 Purpose and Scope This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct. This procedure applies to

More information

David Seals Partner Employment Department Downs Solicitors LLP

David Seals Partner Employment Department Downs Solicitors LLP Changing Terms and Conditions of Employment Avoiding the Pitfalls Surrey Care Association Tuesday, 24 May 2011 SPEAKER David Seals Partner Employment Department Downs Solicitors LLP 1 OVERVIEW Current

More information

Employment team bulletin January 2013

Employment team bulletin January 2013 Page 1 Employment team bulletin January 2013 Alice Cave January 2013 In this bulletin, we consider some recent cases and set out the employment law changes due to come into force in 2013. Recent cases

More information

Senior Executive Employment Contract

Senior Executive Employment Contract Senior Executive Employment Contract [Company Name] [Employee Name] Drafted by Solicitors Contents Clause 1. Interpretation... 1 2. Term of appointment... 2 3. Employee warranties... 2 4. Duties... 3 5.

More information

44. FAIR PAY AND CONDITIONS STANDARD

44. FAIR PAY AND CONDITIONS STANDARD Australian Master Human Resources Guide 45. NATIONAL EMPLOYMENT STANDARDS (NES) Janet Wood Workplace Relations Writer and Consultant [ 45-010] Introduction Under the Fair Work Act 2009 (FW Act), the National

More information

Your Quick Guide to Settlement Agreements

Your Quick Guide to Settlement Agreements EMPLOYMENT EMPLOYMENTSERVICES SERVICES Your Quick Guide to Settlement Agreements Stuart Snelson Partner & Head of Employment ssnelson@geoffreyleaver.com 01908 689318 Paula Stuart Partner pstuart@geoffreyleaver.com

More information

Policy Group: Disputes Resolution. Disciplinary Procedure

Policy Group: Disputes Resolution. Disciplinary Procedure Policy Group: Disputes Resolution Disciplinary Procedure Issue details Title: Issue and version number: Officer/Panel Controlling Procedure: Authorisation Level: Authorisation Date: Agreed by SSCF SSDC

More information

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Date: 5 May 2015 Approved: 3 June 2015 Review date: 22 April 2018 1 CONTENTS 1. INTRODUCTION 2. NOTES OF GUIDANCE Counselling General Principles Investigation Minor Matters

More information

DISCIPLINARY POLICY. 1. Introduction. 2. Structured support. 3. Formal action process 3.1. Investigations. 4. Notes of the Hearing and Investigation

DISCIPLINARY POLICY. 1. Introduction. 2. Structured support. 3. Formal action process 3.1. Investigations. 4. Notes of the Hearing and Investigation HUMAN RESOURCES DISCIPLINARY POLICY 1. Introduction 2. Structured support 3. Formal action process 3.1. Investigations 4. Notes of the Hearing and Investigation 5. Suspension 6. Grievance 7. Convening

More information

DISABILITY. Summary of the law on

DISABILITY. Summary of the law on Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply

More information

Maternity Leave Guidelines

Maternity Leave Guidelines Version 3 of 3 Date: 1 April 2007 Maternity Leave Guidelines Purpose and Scope of the Procedure The purpose of this policy is to outline the employment rights of expectant mothers including maternity leave,

More information

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries Understanding Know Your Rights www.worksmart.org.uk grievances and disciplinaries Introduction Whatever job you do, you can run into problems at work. Sometimes these can be sorted out quickly by informal

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1

Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Number 27 of 2007 PROTECTION OF EMPLOYMENT (EXCEPTIONAL COLLECTIVE REDUNDANCIES AND RELATED MATTERS) ACT 2007 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, construction

More information

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED PEOPLE AND ORGANISATIONAL DEVELOPMENT HUMAN RESOURCES DISCIPLINARY POLICY AND PROCEDURE Author/Role Fiona Munro, Human Resources Date of Risk Assessment (if applicable) N/A Date of Equality Impact Assessment

More information

A reputation for exceeding expectations CHAMBER EUROPE 2013 CHAMBERS EUROPE 2014

A reputation for exceeding expectations CHAMBER EUROPE 2013 CHAMBERS EUROPE 2014 McDowell Purcell Irish Legislation Quick Reference Guide 2014 CHAMBERS EUROPE 2014 The team is commercial in its views and very practical and clear in its advice. Barry Walsh is a highly respected employment

More information

JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES

JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES BETWEEN THE ASSOCIATION OF COLLEGES (AoC) AND ASSOCIATION FOR COLLEGE MANAGEMENT (ACM) ASSOCIATION OF TEACHERS & LECTURERS

More information

Rules of the Rio Tinto Limited Performance Share Plan 2013

Rules of the Rio Tinto Limited Performance Share Plan 2013 Rules of the Rio Tinto Limited Performance Shareholders Approval: [x] Directors' Adoption: [x] Allens 101 Collins Street Melbourne VIC 3000 Australia Tel +61 3 9614 1011 Fax +61 3 9614 4661 www.allens.com.au

More information

Employment Law Practice Group

Employment Law Practice Group Employment Law Practice Group BELGIUM BEIUS Koningsstraat 15 rue Royale - 1000 Brussels, Belgium Managing Partner: Mr. Daniël Van der Mosen daniel.vandermosen@beius.be Employment Law Contact: Mr. Koen

More information

HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY. Date of Policy 1993 Date policy to be reviewed 09/2014

HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY. Date of Policy 1993 Date policy to be reviewed 09/2014 HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY Date of Policy 1993 Date policy to be reviewed 09/2014 Policy written by SFC/HR Risk Register Ref (s) HR7 Impact Assessed EDG Date Impact assessed 10/2012

More information