Flexible working policy advice

07/04/2013

Any employee can request flexible working and in some cases flexible working can be a legal right. Most flexible working policies allow employees to work either: from home; part time; flexi-time; job sharing; term-time working; staggered hours; annual hours (i.e. working a certain number of hours over the course of the year); compressed hours; and READ MORE

Consultation Before Redundancy

01/04/2013

Redundancy consultation Before an employer makes redundancies it must ensure that it first consults with its workforce collectively to consider ways to avoid redundancies, where redundancies cannot be avoided how to reduce the number of proposed redundancies and reducing the damage caused by redundancies. Where an employer proposes to make 20 or more redundancies during READ MORE

Procedural flaws in dismissal process – unfair dismissal ?

17/03/2013

When an employer is considering taking disciplinary action against any of its workforce it is important that they seek legal advice from an early stage. The ACAS code of practice on disciplinary and grievance procedures replaced the previous statutory dismissal and disciplinary procedures in 2009. It provides guidance for companies on how to manage disciplinary READ MORE

Advice for employers on the Agency Workers Regulations

09/02/2013

The Agency Workers Regulations 2010 outline a number of protections for agency workers within the UK. The Department for Business, Innovation and Skills has now published guidance on the regulations. This covers, most notably the consequence of working via multiple agencies or companies who is covered by the regulations what is covered by the definition READ MORE

Practical guide to the Equality Act 2010

01/09/2012

What is the Equality Act 2010 ? The Equality Act is a piece of legislation which will bring together a number of rights employees have in the work place, to make one piece of legislation. This Act, which was given legal authority in October 2010, aims to make it clearer what could be considered unacceptable READ MORE

What’s the legal position where an employee is sick whilst on holiday leave ?

26/06/2012

Recently there has been some debate, with cases reaching the Employment Appeal Tribunal and the European Court of Justice, surrounding the issue of holiday entitlement and sick leave. The starting point is the Working Time Directive (2003/88/EC). It entitles every worker to paid annual leave of 5.6 weeks. In Pereda v Madrid Movilidad SA [2009] READ MORE

The common issue of managing out employees

23/05/2012

This week has seen a lot of publicity given to the idea floated that employers should be able to hire and fire employees on a no fault basis and fast and it will be interesting to see if this idea goes anywhere – we think not. As things currently stand, one of the most common READ MORE

Unfair dismissal from the employer’s perspective

01/05/2012

For any employee who started work for you after 6th April 2012 they will only be able to claim unfair dismissal once they have had at least 2 years continuous service with you. This period is 1 year of continuous service if the employment was commenced prior to 6 April 2012. In some cases, a READ MORE

Employment tribunal settlements

27/04/2012

We are commonly and understandably often asked about funding of employment tribunal claims and possible settlements. At Darlingtons, we understand that, from an employee point of view, any kind of legal dispute is unwelcome and seldom do clients have a large amount of funds ready to invest in a case. Aside from this, with employment READ MORE

Employment Tribunals in need of reform ?

24/04/2012

Statistics suggest that only one in ten employment tribunal cases result in an outcome favourable to the employee. This however is of little solace for employers who often end up paying high legal costs even where claims are defeated and so many opt to settle claims before they reach Tribunal, which in turn potentially encourages READ MORE