The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Employment

Facebook – fair dismissal

An employee with 17 years’ good service (no disciplinary issues) was fairly dismissed because of comments she made on Facebook. She described her role as ‘general dogsbody’ and she referred to her place of work as ‘that bloody place’ and said she would ‘need to hurry up and sue them’.

Subscribers only...
 

Shared parental leave – discrimination

A new father wanted to take 14 weeks’ paternity leave. He would get two weeks on full pay, and then 12 weeks on statutory shared parental pay (ie at a much lower rate). However, if he was a female employee then he would have been entitled to 14 weeks’ pay and he therefore claimed that this directly discriminated against him.

Subscribers only...
 

Disability – redundancy

Any disabled employee is protected from discrimination if the employee has a physical or mental condition which is long-term, and which has a ‘substantial’ effect on day-to-day activities. It will be discrimination if the employee is treated unfavourably by an employer because of something arising in consequence of the disability – unless the employer can justify that behaviour as a proportionate means of achieving a legitimate aim.

Subscribers only...
 

Gig economy – holiday pay

There has been an important opinion from the Advocate General which, if followed by the ECJ, could have important implications for gig economy employers.

Subscribers only...
 

Data protection – GDPR

The General Data Protection Reg comes into force next year (25 May 2018). It is a major overhaul of the data protection rules. Key points:

Subscribers only...
 

Immigration skills – charge

The immigration skills charge came into effect on 6 April 2017, and is levied on employers that employ migrants in skilled roles. It is designed to cut down on the number of businesses taking on migrant workers (with the justification being that the funds raised will be used to address the skills gap within the domestic work force).

Subscribers only...
 

Misconduct dismissals – advice

The key points to consider in any misconduct dismissal:

There must be a thorough approach to disciplinary investigations and hearings. A failure to follow the designated procedure is one of the most common reasons why employers lose (even when the dismissal should be justifiable).

Subscribers only...
 

Minimum wage – sleeping shifts

If a worker has to work a number of sleep-in shifts at the work premises, and be available in an emergency, does this night-shift constitute ‘working’ for the purposes of the national minimum wage? Alternatively, is the worker only ‘working’ when they are awake? Needless to say, this is an important issue in the care sector where sleep-in arrangements are common.

Subscribers only...
 

Whistleblowers – malicious?

There is extensive protection for whistleblowers:

Dismissal because of whistleblowing will be automatically unfair dismissal. The normal financial cap on compensation does not apply.

Subscribers only...
 

ET settlements – public record?

Judgments of ETs are now to be published online. But, note that ‘judgments’ will include the dismissal of proceedings on withdrawal, or on settlement via ACAS (using COT3).

Subscribers only...
 


Page 4 of 52

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

Resources

IAG International
Join the IBA now!
www.totallylegal.com
MSI Global Alliance
In House Lawyer