The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Employment

Holiday – summary dismissal

Many employment contracts say that an employee will not be entitled to accrued holiday pay if he or she is summarily dismissed (eg for gross misconduct).

Subscribers only...
 

Notice period – holiday

Can an employer insist that an employee takes holidays as part of the notice period (which means that the employer will not have to pay him for the holiday in addition to the notice period)?

Subscribers only...
 

Time off – parental leave

The EAT has held that the entitlement to parental leave because of unexpected disruption or termination of care arrangements for dependants is not limited to last-minute unavailability or emergencies.

Subscribers only...
 

DDPs – ‘informal’ complaint

A Polish farm worker wrote to his employer saying that he was being treated less favourably on grounds of his race. But, he wrote that the complaint should be dealt with on an ‘informal’ base, but if the complaint was not properly dealt with he would then lodge a step 1 (formal) grievance notice.

Subscribers only...
 

DDPs – constructive dismissal

The general rule is that an employee must raise a grievance with the employer under the statutory procedures (and, indeed, will not be able to pursue an unfair dismissal claim until such notice has been given, and then 28 days has lapsed).

Subscribers only...
 

DDPs – redundancy

Redundancy is a potentially fair reason for dismissal. But, it should not be forgotten that the statutory dismissal and disciplinary procedures also apply. In summary, the DDPs require a step 1 letter to the employee; there must then be a step 2 meeting; that might then be followed by a step 3 appeal.

Subscribers only...
 

Enhanced redundancy – discrimination

Employers who offer enhanced (ie above the statutory limits) redundancy schemes should always consider the age discrimination legislation.

Subscribers only...
 

Redundancy – internal vacancies

We all know that an employee at risk of redundancy must be offered any ‘suitable alternative employment’. The point to watch here is that if there is an internal vacancy within the company, then it will normally be wrong to require the at-risk employee to compete with other employees (who are not at risk of redundancy) for that job.

Subscribers only...
 

Redundancy – LIFO

Many years ago, the standard way of selecting for redundancy was ‘last in, first out’ (LIFO). Since then, matters have become more complicated and most employers use a matrix approach. But, the length of service will often be an important part of that matrix.

Subscribers only...
 

TUPE – new standard contracts?

If employees transfer to a new employer under TUPE, then the new employer inherits all rights, liabilities and obligations (other than a few pension liabilities).

Subscribers only...
 


Page 51 of 54

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

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