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Staff told to vary their terms and conditions were dismissed, says EAT
In Darby & Another v. Law Society of England and Wales (2008), Mr Darby and his colleague were senior employees at the Law Society. Each had a contractual entitlement to the provision of a leased car as part of their remuneration package. In October 2005, each were told separately following an equal pay audit that the Society had decided that the provision to them of leased cars was anomalous and that these would be withdrawn. Over the course of the following months correspondence ensued and meetings took place and a grievance pursued. The Society finally sent the...
Case | 3 Oct 2008
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Staff told to vary their terms and conditions were dismissed, says EAT
We are very likely to agree that the law can, at times, be completely asinine - but here we even have the Gods of the Law Society not able to get it right ! So what chance can there ever be for those mere mortals who struggle hard in the real world to keep people in employment ? In this case the Law Society, as employe...
Comment | 4 Oct 2008
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Staff told to vary their terms and conditions were dismissed, says EAT
Nice picture to head up the article, somebody using their mobile phone whilst driving?
Comment | 6 Oct 2008
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Reality bites: managing in a recession
... other forms of discrimination. This is not a minority issue. In the UK ageism is already the most commonly experienced form of prejudice and more than a million people are already working past state pension age." The final ECJ judgment is expected to be published before the end of the year. 16831 Staff told to vary their terms and conditions were dismissed, says EAT In Darby & Another v. Law Society of England and Wales (2008), Darby and his colleagues each had a contractual entitlement to the provision of a leased car as part of their remuneration package. In October 2005, each was told separately following an equal pay audit that the 10 Society had decided ...
Magazine issue | 6 Nov 2008
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48: How the 48-hour working week could push employers to the max
... could push employers to the max WORKING TIME SPECIAL FEBRUARY 2009 Issue 44 Interview: Gary Titley, Leader of Labour's MEPs, on the Working Time Directive. Page 20 Navigating the Globe Fire risk assessing the only thatched building in London. Page 22 Keeping in touch Case law: Long term sick staff entitled to full holiday leave. Page 10 Burden of proof Should you pay staff to be on call? Page 9 Plus: Legal calendar | Comment Book review | The data | Clinic Partner profile and more ... Establishing health and safety liability in R v. Chargot Limited. Page 28 NEBOSH National General Certi...
Magazine issue | 5 Feb 2009
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Sweeping changes
...ernment review into health and safety laws; and furore over newspaper's health and safety accusations, regarding the Cumbria shootings. 27 want to protect their terms and conditions? asks Craig Stuart of the GMB. Cup, while Head of HR, Jayn Bond, answers some key management questions from allowing staff to watch matches to dealing with drunken or hungover employees. 24 EAT: The fact that an employer treats a disabled person unreasonably, even in a matter related to his disability, does not necessarily mean that it does so because that person is disabled. 16 LEGAL UPDATE New Government: New emplo...
Magazine issue | 1 Jul 2010
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Dealing with bogus claimants
...st 05 EDITORIAL No win situation. 06 LEGAL CALENDAR Key legislative dates taking place in spring 2010. heaLth and saFety uPdate 07 NEWS Corporate manslaughter fines could run to millions; and `Fit for work' option is removed from fit notes. 18 16 LEGAL UPDATE Time off for training; and screening staff to protect your business the importance of knowing who your staff really are. 45 ContinuinG PRoFessionaL deVeLoPment 30 HANDLE WITH CARE Workplace Law Health and Safety Consultant, Maria Anderson, with the latest information on ensuring safe manual handling within a workplace. that she had no i...
Magazine issue | 1 Mar 2010
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Have we binned your Workplace Law Magazine?
... information about global warming, and find out about practical steps they can actually take to make a difference. Of course, taking steps towards a sustainable workplace isn't just about reducing carbon emissions; there are so many issues to consider. Had you thought, for example, that paying your staff living wages as opposed to minimum wages could be a key factor? (See p. 14). Likewise, encouraging your staff to take part in charity work in any form -- and making this a part of your corporate responsibility policy -- is also a great contribution towards a more sustainable planet. We examine how ...
Magazine issue | 7 Apr 2008
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What is reasonable adjustment?
...d experiences or put your questions to other members of the Workplace Law Network in our popular discussion forum... Subject No more birthday cards (or cake)? Gillian Nightingale -- Workplace Law Network -- 14.51 12-Oct-2006 Online advisor Many companies are reportedly banning birthday cards for staff, for fear of being sued under new age discrimination legislation. The fear of many companies is that `inappropriate' comments in birthday cards that reference an employee's age, directly or indirectly, could lead to a costly claim. very sensitive about their age because of other things going on at...
Magazine issue | 1 Dec 2006
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Mug’s game? Excessive risk aversion
...ng and, TUPE transfers and normal retiring age. Attitudes to the tribunal process workplacelaw 3 4 workplacelaw workplacelaw MAGAZINE Kelly Mansfield T. 01223 431 054 A mug's game? Would you pay a health and safety consultant £200 to produce a 17 page document highlighting the risks to your staff of making a cup of tea? East Hertfordshire Council has, and claims it was money well spent. But were the council taking a sensible precaution or was it a case of health and safety overkill? The story can now join ranks with others on excessive risk aversion including hanging baskets being banned in...
Magazine issue | 1 Jul 2006
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Religious beliefs: should employers cater for all faiths?
...e findings here concerned a case of harassment brought by an employee, who pursued his employer for failing to prevent him being harassed by his immediate superior. Mr Majrowski maintained that she was: excessively critical of his time-keeping and his work; rude and abusive to him in front of other staff; and set him unrealistic performance targets, threatening him with disciplinary action if he did not achieve them. Normally, an employee can only succeed in a civil claim if he can prove that he has suffered personal injury or that the breach of duty by the employer was foreseeable. But following t...
Magazine issue | 1 May 2005
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The world in your hands?
...as a useful explanation of changes to the EPBD. Aside from the controversies surrounding Copenhagen, this winter has seen an escalation in employment strife, among some of the biggest UK brands. Just before Christmas, BA narrowly averted the wholesale grounding of its aircraft due to striking cabin staff by resorting to a legal injunction against the union, Unite, while a Christmas postal strike at Royal Mail was called off after Acas helped broker a temporary deal. On p.24 we examine the background to this recent trend, the legal redress that may be pursued by management or union and explain why e...
Magazine issue | 8 Jan 2010
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2009: new beginnings
...work. On the day of this announcement we spoke to the National Director for Health and Work, Dame Carol Black about what this will mean for employers (p.20). Another change that will definitely be making waves in workplaces this year is the EU Agency Workers Directive, which will ensure that agency staff employed for more than 12 weeks are given various rights in line with those of permanent staff. The concern amongst employers is that this could herald the end of the temp; but is this the case? (p.16). We also have three comment pieces from leading employment solicitors, predicting what issues wil...
Magazine issue | 8 Dec 2008
