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Ciaron Dunne
Member - 23 posts
What about if I tell a hilarious joke, and my employees split their sides laughing?! Not that it's too likely, but you never know...
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Ciaron Dunne
Member - 23 posts
Following the national headlines which this story attracted, BNFL had a change of heart and decided to look for alternative employment for Graeme Ivison.
BNFL released the following statement:
"Following a company level appeal against an employee?s termination of employment, we have now decided to assess their suitability for alternative employment at Sellafield.
"The individual has not been reinstated to their previous role and any future employment within the Company will be subject to the availability of a suitable role and the satisfactory completion of routine examination and assessment procedures in common with any prospective employee.
"We stand by the original decision to terminate their employment, however throughout the appeals process, the individual demonstrated a commendable desire and commitment to work at Sellafield.
"The individual has been notified of this decision and any future action is a matter between the company and individual concerned."
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Ciaron Dunne
Member - 23 posts
Philip,
You may also find this previous forum thread useful:
http://www.workplacelaw.net/forum/thread.php?thread_id=369
Ciaron
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Ciaron Dunne
Member - 23 posts
Quick update to this story - Victor Solomka has now been sentenced to seven years in prison. The judge called Solomka an "arrogant, deceitful and manipulative man".
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Ciaron Dunne
Member - 23 posts
The TUC put out a well-publicised announcement on Friday which warned employers not be too heavy handed when dealing with office romances.
In particular, the TUC advised against US-style 'love contracts'.
The TUC has also put together a guide to help employees find out where they stand on relationships at work, what to do when they happen, what to do when they break up and what to do if you want to say no. Office romantics can read the full guide at:
www.worksmart.org.uk/valentine
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Ciaron Dunne
Member - 23 posts
It has been widely reported that Stephanie Villalba has now lodged an appeal in this case.
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Ciaron Dunne
Member - 23 posts
Martin,
It seems that you're on the right lines.
A new survey from BT Home Computing suggests that employees at large organisations spend, on average, one week a year surfing the internet in the workplace for personal use.
It doesn't quite balance out the TUC's overtime figures, but I'm sure we can find some more stats...
Ciaron
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Ciaron Dunne
Member - 23 posts
Sorry to disappoint, but the silent monks lost - see today's case reports or follow this link:
http://www.workplacelaw.net/display.php?resource_id=5307
Ciaron
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Ciaron Dunne
Member - 23 posts
Update to this case - the Employment Appeal Tribunal has announced (16 December 2004) that it has not upheld Andrea Madarassy's appeal, although parts of the case have been remitted back to the employment tribunal for review and re-hearing.
The Equal Opportunities Commission commented:
"This should not disguise the fact that problems with unequal pay and pregnancy discrimination are experienced by many women in the City.
"We know from other tribunal cases that pay systems in the City are too often opaque and shrouded in secrecy. And our investigation into pregnancy discrimination has shown that around a fifth of women who work in Britain while pregnant are either dismissed because of their pregnancy, forced to leave their jobs, or lose out financially because of pregnancy discrimination.
"Prevention is better than cure. It's in employers' own interest to grasp the nettle, look at their practices and deal with any underlying problems so that fewer women working in the City feel the need to take their claims to a tribunal in the first place."
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Ciaron Dunne
Member - 23 posts
I thought members might be interested/amused in the new TUC campaign to find the modern Ebenezer Scrooge - Christmas? meanest boss.
The top ten examples of Christmas stinginess identified by the TUC and the 'Ghost of Christmas Present' are:
1. Making staff work on Christmas bank holidays or lose pay: Contrary to popular opinion, there?s no legal right to bank holidays, though most people have this in their contract. Some bosses even close the business on bank holidays, forcing staff to miss a day?s work and pay.
2. Counting Christmas bank holidays as part of annual leave: There?s a minimum of 20 days? paid annual leave, but a minority of bosses count bank holidays as part of this minimum, rather than in addition to it. This lets some employers get away with in effect only allowing 12 days? annual leave a year.
3. Keeping the office freezing to save on heating costs: There is a minimum legal temperature of 16°C in workplaces (13°C for active and strenuous work). Below this, staff should be allowed to go somewhere warmer, or go home.
4. Dictating Christmas leave arrangements at short notice: Some workplaces are very busy around Christmas, and bosses may want to rule out annual leave requests to ensure continual coverage. However, if they want to do this they need to give staff notice of at least the same period they want to rule out. Other firms find work dries up between Christmas and New Year, so some compel staff to take the time off, even if they would rather save their leave for another time. For this, staff should be given notice of at least twice the period they have to take as leave.
5. Banning workplace relationships that start at the Christmas party.
6. Not allowing parents flexitime to see their kids? nativity play: There is no statutory right to have time off for this kind of occasion, and around 40% of workers don?t normally have any scope for flexibility in their hours. Most bosses allow their workers some leeway at Christmas, but a small minority lack the Christmas spirit.
7. Not allowing Christmas decorations at work: Some bosses use the argument that it?s a health and safety risk, and others say it makes the workplace look unprofessional. This might be fair enough in some rare circumstances, but some bosses ban all personal effects from desks, even down to personal photos or Christmas cards.
8. Not paying the minimum wage for temporary Christmas jobs: A lot of companies take on extra staff to work in the busy run-up to Christmas. Most people are entitled to the national minimum wage, but some employers may wrongly claim jobs are exempt, particularly for younger workers, for whom a minimum wage is still a new right (£3.00 an hour for 16-18 year olds).
9. Making people work late over Christmas: This is a time when most workers want to spend more time with their families, but many workplaces suffer from a long hours culture, with staff often putting in the equivalent of an extra day a week in unpaid overtime. Tiny Tims all over the UK are missing out on time with late-working parents.
10. Cancelling Christmas parties on safety or compensation grounds: A recent survey found more than 7 in 10 employers had cut traditional staff parties, rather than run the risk of litigation over accidents or sexual harassment. However, if a party is properly planned and safely conducted, everything should go smoothly and there's no need for this kind of over-reaction.
Will you be nominated...?
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Ciaron Dunne
Member - 23 posts
Another one for employers that organise a lot of parties.
The Fireworks (Amendment) Regulations 2004 have just been published, and come into force on 1 January 2005. They clarify that fireworks may be used until midnight on the night of 5th November.
The Government is obviously giving plenty of time for those already planning their next bonfire night celebrations...
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Ciaron Dunne
Member - 23 posts
Philip,
The Government has now announced that it intends to set the default retirement age at 65. Employees can request to work longer if they wish.
See today's article:
http://www.workplacelaw.net/display.php?resource_id=5224
Regards, Ciaron
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Ciaron Dunne
Member - 23 posts
Further to David Knapp's comment above, an article in The Telegraph this week estimates that employers' liability insurance will increase by about 10% across the board. The changesa are expected to come into force on 1 April 2005.
With regards the actual amounts involved, the article reports that "The amounts to be repaid will resemble the current Road Traffic Act scheme - currently £473 for treatment without admission, £582 per day for treatment with admission and a maximum £34,800. Recovery of ambulance charges would be about £150 per journey and amounts to be recouped would be updated yearly."
The article is called 'Employers face bill to recoup NHS costs' and can be accessed from:
http://www.money.telegraph.co.uk
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Ciaron Dunne
Member - 23 posts
The Financial Times is reporting that the Government will defy the age lobby by announcing that employers WILL be able to force employees to retire at a certain age.
The newspaper says that the Government believes the EU directive on age discrimination does not require mandatory retirement ages to be removed. Employers will only be able to reject requests to work beyond the age of 65 on reasonable grounds.
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Ciaron Dunne
Member - 23 posts
According to a report from eupolitix.com, the majority of states backed the UK on keeping the controversial 48-hour week opt-out. But a blocking minority made up of France, Belgium, Sweden, Greece and Spain voted against the proposals - the group insists on phasing out the opt out. The debate will therefore continue.
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Ciaron Dunne
Member - 23 posts
Andrew,
The disturbance of vinyl tiles was reported by The Mirror newspaper on 2 December, in an article entitled 'Fame Firm Fined over Asbestos'. The article mentioned that asbestos fibres from vinyl tiles were disturbed. You can find this at:
http://www.mirror.co.uk
Vinyl tiles weren't referred to in the HSE media release, or in any other press reports (as far as I am aware).
Ciaron
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Ciaron Dunne
Member - 23 posts
By way of an update to this case, the Court of Appeal has now allowed MG Rover?s appeal.
Cloisters barristers - who represent Ms Kaur - report that the Court of Appeal considered that 'The Way Ahead' was "what one would expect of a collective agreement", i.e. an "agreement but not something which is in itself normally enforceable at law". Although the wording of such an agreement could become a term of employees' contracts, the way in which the relvant clause was expressed was as an aim to be achieved, rather than a promise to be kept: it was meant to be an aspiration rather than a binding contractual term.
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Ciaron Dunne
Member - 23 posts
We received several queries from members asking whether the ban will apply to all workplaces in Scotland, since this was not made clear in the Scottish Executive's statement.
We have now added some text to the original article which should help to clarify this point.
Basically, the ban will apply to smoking in ?public enclosed spaces?, and the interpretation of this is the key. A spokesman for the Scottish Executive told Workplace Law that offices and factories will almost certainly be considered ?enclosed public spaces? when the ban is in force ? and that means that the ban *is* likely to apply to offices and factories.
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Ciaron Dunne
Member - 23 posts
Quick update to this case - the Crown Prosecution Service (CPS) has decided that there is not enough new evidence to bring charges of corporate manslaughter
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