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Unfair dismissal for texting in sick
An employer that dismissed a sales adviser for calling in sick by text message following the death of his brother has been ordered to pay almost £7,000 in compensation for unfair dismissal, reports the East Lothian Courier.Mark Morrison took time off from tile shop Tile It All (UK) Ltd when he found out his brother was dying late last year and called in sick when his brother only had days to live. His brother died on 29 December, and Morrison sent a text to his manager, R...
Case | 16 Nov 2007
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Unfair dismissal for texting in sick
Some companies are taking things a little too far!! Where is the compasion.
Comment | 17 Nov 2007
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Unfair dismissal – Compensation relating to final salary pension schemes
...munerated job after dismissal. Facts Mrs Roberts was dismissed by way of redundancy on 1 January 2007 by Aegon UK Corporate Services Limited (Aegon UK) and received her statutory redundancy entitlement as well as an enhanced redundancy payment of £24,057.76. Mrs Roberts brought a claim alleging unfair dismissal against Aegon UK. Mrs Roberts started employment with Just Retirement Limited (JRL) on 1 January 2007. Mrs Roberts only stayed in employment with JRL for eight months until September 2007. Her employment ended when she was forced to either resign or be dismissed following periods of sick...
Case | 2 Mar 2009
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The world in your hands?
... can help your organisation get-to-grips with health and safety compliance. hR news Employers face tough 2010, warns lawyer Other legal developments that will influence the employment arena in 2010 include: · · · · istockphoto.com Latest HR news from workplacelaw.net ... NEWS IN BRIEF Maximum unfair dismissal claim cap reduced The maximum amount that an Employment Tribunal can award in compensation for unfair dismissal has fallen. According to law firm, Pinsent Masons, it is the first time the figure has ever dropped. From February 2010, the maximum award for unfair dismissal will fall from £...
Magazine issue | 8 Jan 2010
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Help for my daughter
... & she may turn out well, but she may agree she doesn't really want to return, if which case its the quickest way to find out & you save the weeks money. You don't need to act quite in the same way as a large company would but you need to keep a record of what is happening, if you have a claim for unfair dismissal then it would be no good claiming that you didn't hear anything after the initial text - she has advised that she is sick & presumably hasn't been told she should maintain regular contact. If both parties agree the employment should end then follow up with a letter, politely written & th...
Comment | 25 Sep 2009
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Statutory dismissal procedures: Employee appeals
... inform their employer of their wish to appeal. Accordingly, Masterfoods had not been entitled to disregard the letter from Wilson stating his intention to appeal against the decision to dismiss him. The result of a breach of an applicable statutory DDP is that a dismissal will be automatically unfair. Any compensation then awarded to a claimant - can be uplifted by 10-50%. It is therefore essential that employers’ do not impose or enforce any additional hurdles from their own policies and procedures, however well intentioned that are not found in the statutory DDPs. Although a dismissal e...
Case | 16 Nov 2006
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"We don't serve wheelchairs"
...in order to discriminate against others. McClintock has said that he will appeal to the Court of Appeal. 12090 CASES IN BRIEF An employer that dismissed a sales adviser for calling in sick by text message following the death of his brother has been ordered to pay almost £7,000 in compensation for unfair dismissal. 12453 The Agency appealed to the EAT on the grounds the tribunal had failed to give sufficient reasons for its decision. In particular, the tribunal had failed to give an adequate explanation as to why working from home would have alleviated any disadvantage Rowan had suffered. The EAT ...
Magazine issue | 1 Jan 2008
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Grinding to a halt: Why Government policy risks bringing business to a standstill
...strial relations laws should help to prevent any real disruption. Not so with Tribunal claims. As Workplace Law's Head of HR, Jayn Bond, has stated previously, when people are made redundant and have little chance of finding another role quickly, they've very little to lose from bringing a claim of unfair dismissal. The CBI has also raised another area of concern regarding the scrapping of the Default Retirement Age this April. John Cridland, CBI Director-General Designate, has pointed out that, given the cuts, older people are understandably keen to work longer, but in certain job roles this might ...
Magazine issue | 4 Jan 2011
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The Diversity Dilemma
...nts must be communicated to staff. 08 CASE LAW Workers and members of the public exposed to unacceptable levels of asbestos; and a building company fined £2,000 for burning waste illegally on Bonfire Night. 16 LEGAL UPDATE October Common Commencement Date legislation; and a rise in the number of unfair dismissal claims. CoNTiNuiNG PRofEssioNAL DEVELoPmENT 30 BACK TO BASICS Kate Gardner and Bill Scholes consider the management of Display Screen Equipment in the workplace, with questions and answers compiled by Simon Toseland, Head of Health and Safety at Workplace Law. 40 CLINIC Workplace Law me...
Magazine issue | 2 Nov 2009
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Swine flu - the worst still yet to come?
... work because they are afraid of being infected. An employer could be entitled to discipline, and ultimately dismiss, an employee who refused to attend work without good reason. It is true that Section 100(1)(d) of the Employment Rights Act 1996 (ERA) provides that an employee will be automatically unfairly dismissed if the reason for dismissal was that the employee reasonably believed that he or she was in serious and imminent danger and therefore left, proposed to leave or (while the danger persisted) refused to return to his or her place of work. However, the protection afforded by Section 100(1)...
News analysis | 6 Aug 2009
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Statutory Dispute Resolution Procedures abolished
... over the interpretation of the statutory procedures themselves. What had, at first glance, looked pretty simple and easy to understand, proved anything but, and employers who found themselves caught out by the requirements of the statutory procedures faced stiff penalties: a finding of automatic unfair dismissal and an increase in any compensation awarded by up to 50%. Here, we summarise what will change on as of today, and the new regime that will replace the statutory procedures. What will change?The position will revert largely to that which applied before October 2004. However, there are a...
News | 6 Apr 2009
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How fair is your redundancy process?
The EAT, in the case of E-Zec Medical Transport Services Ltd v. Gregory, has held that a redundancy dismissal was unfair where the application of the selection criteria was based on a manager's subjective personal judgement, unsupported by any objective evidence. It also suggested, controversially, that employees should routinely be consulted about the selection criteria to be used. E-Zec proposed to make four compul...
Case | 27 Mar 2009
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48: How the 48-hour working week could push employers to the max
...ss website, which will include the latest information about Management Standards and extra resources for line managers. 17308 1 February Increased Tribunal compensation limits will come into force. The maximum 'week's pay' for the purposes of calculating a redundancy payment or the basic award for unfair dismissal will increase from £330 to £350; the maximum statutory redundancy payment goes up from £9,900 to £10,500; the maximum compensatory award for unfair dismissal rises from £63,000 to £66,200, and guarantee pay (during any lay-off period) increases from £20.40 a day to £21.50. The new...
Magazine issue | 5 Feb 2009
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Employment law is changing - but don't tell anyone how
...Department n all outputs from hazardous waste treatment for Business, Enterprise and facilities to be classified and coded in accordance Regulatory Reform (BERR) found with the Classification and Coding Guidance. that half of small businesses believe their profits are affected by rivals 12810 using unfair sales practices. However, the Government is cracking down on this problem with "one of the biggest changes to consumer law in decades". 14571 The Environment Agency is currently revising its guidance and enforcement priorities for those involved in the production and management of hazardous waste....
Magazine issue | 13 May 2008
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2005: getting to grips with the legal year ahead
...ing a three-step process that must be followed by any employer who wants to take disciplinary action against an employee on the grounds of conduct or capability, or who wishes to dismiss an employee. It is important for employers to understand that a dismissal case will automatically be found to be unfair if this procedure is not Chris Streatfeild, Nabarro Nathanson David Symons, Atkins Environment Kathryn Gilbertson, Greenwoods Solicitors LLP 12 workplacelaw workplacelaw 13 height, or, if this is not available, by selecting the most suitable equipment for working at height. 3. If there is an...
Magazine issue | 15 Dec 2004
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Employment Law Changes to take effect from April 2009
...utory dispute resolution proceduresThe Employment Act 2008 repeals the statutory dispute resolution procedures in their entirety and introduces a regime based on a new Acas Code for disciplinary and grievance procedures. Importantly, under the new regime dismissals will no longer be automatically unfair for a failure to comply with the Acas Code, but Employment Tribunals will still be able increase or reduce compensatory awards. Such adjustments will be by up to 25% (rather than the previous 10-50%) where either the employer or employee has unreasonably failed to comply with the Code and the adj...
News | 17 Mar 2009
