Refreshinglawltd.co.uk
Dangers of a victimisation claim once a grievance has been issued
WebA recent case illustrates the risk employers face every time they receive a grievance in relation to a victimisation complaint. If the grievance has any kind of discrimination angle to it, bullying harassment or an argument about less favourable treatment because of a protected characteristic or an allegation that the employer has …
Actived: 4 days ago
What if an employer doesn’t know whether somebody is disabled …
WebIt is not unusual for an employer to face a situation, particularly with mental health issues, where somebody might even be undiagnosed themselves, where they are not sure whether or not somebody has a medical condition. As regards the duty to make reasonable adjustments for example, under the Equality Act 2010, the employer is only …
An ex-employee who has left us recently has asked for all of their
WebLet’s say that the employee has suffered from work related stress and was prescribed anti-depressants and had informed their employer about this (this will be data relating to special categories or sensitive personal data in old money). They’re now trying to get the employer to remove that data. Under article 17 of the GDPR, an…
Do I have to show the complaint letter to the employee the …
WebOne option would be to simply show the person, perhaps the line manager, the grievance letter. This is the most open and transparent position and one would hope that any line manager would behave professionally, see the grievance for what it is, and be prepared to answer those allegations in full. This position accords with the concept of
I am calculating holiday pay for an employee who is leaving us.
WebIf your contract of employment is silent on the matter you will have to calculate the holiday they are owed using 1/365th of their normal salary. This is because Section 2 of the Apportionment Act 1890 provides that ‘all periodical payments in the nature of income… shall, like interest on money lent, be considered as…
Burnout and the risks for employers
WebLast year the World Health Organisation recognised “burnout” for the first time in its classification of diseases. It defines “burnout” as “mental or physical exhaustion caused by excessive or prolonged stress and a syndrome resulting from chronic workplace stress that has not been successfully managed”. It highlights the three
When is an employer liable for the actions of their employees
WebGenerally, when an employee is actively carrying out their duties, the employer is going to be responsible for them when they do this, but from time to time employees do things which the employer wouldn’t expect, wouldn’t authorise or encourage, but can the employer then be liable for the actions of the employee? The principle that is
Checking who is signing the Settlement Agreement as the …
WebYou are probably vaguely aware that in order to be a binding Settlement Agreement, the employee has to also have the Agreement signed off by a “relevant independent advisor”. This person is defined in Section 203 (3A) of the Employment Rights Act 1996 but broadly is a solicitor, a barrister or a trade union official, provided they have
Does an employer have to disclose the
WebAt first glance, one might think the answer to this question was rather obvious, in that the employee raising the grievance is going to want to see that the investigation has been done thoroughly and fairly in order to be able to accept that the employer is following the correct processes based on the evidence. Indeed,…
What do I put at the top of the letter
WebWhen making an offer of settlement and you want to have an ‘off the record’ conversation with an employee, are you confused about what you have to do, or say, to protect yourself when having those discussions, so that a judge isn’t going to be able to take into account what’s said?
What happens if an employee won't attend Occupational Health …
WebOften employees will refuse to attend Occupational Health or to provide consent for the employer to write to their GP. Sometimes they believe that this is a delaying tactic, sometimes they probably know that they won’t like the outcome or the information that will be provided, but where does this leave the employer?
Loss of an employee’s records – a data breach claim
WebThis then triggered her putting in her data breach claim, which would be to a Court and not an Employment Tribunal. Tesco settled the case for £3,000 and it has been reported in the local press. The publicity surrounding these events is bound to give other employees ideas. It shows that the loss of data can be just as problematic as retaining
Can you withhold sick pay for staff with sporting injuries
WebThere is no obligation to pay sick pay over and above SSP in general. If employers choose to pay contractual sick pay they can choose how long they want to pay it for, how it is to be calculated, and any conditions attached to payment. Thus it is permitted for an employer to reserve the right not to make payment in certain circumstances as in
Gender Fluidity and the Law
WebThe definition in Section 7 says “a person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex”. There has been a lack of clarity as
Modern Slavery: closer to home than you think
WebIn her latest Blog, Anna discusses how a clever plot twist around modern slavery in a radio programme needs us all to reflect on the extent to which we truly know who a contractor is using to carry out work and our legal and moral responsibilities to ask questions. Anna also discusses a recent case in this area.
Things we can learn from a recent Disability Discrimination case
WebManagers need to be aware that during a Section 15 of the Equality Act claim that somebody has suffered from discrimination arising from a disability, they need to do the following: Show that their disability causes “something”. That something might be fatigue or more stressed when under pressure or to lose their concentration or not
HR and the use of precedents
WebWhen you’re creating the document and including personal data relating to an individual, such as their name and address, you will be doing this for purposes such as your legal obligations or carrying out of the employment contract. However, by the time the document gets used as a precedent in the future those legal purposes for processing
Constructive Dismissal and Redundancy
WebThe EAT agreed with the lower Tribunal and upheld the employee’s case. As regards a constructive unfair dismissal, the EAT emphasised that there is a difference between showing the breach of contract that entitled the employee to resign and a question of the fairness. The Tribunal are looking at the reason for that dismissal, whether it’s a
If you're involved in a TUPE transfer, what are the Data Protection
WebThe Information Commissioner’s Office has just released further information for employers in relation to the disclosure of employee information under TUPE. You will be familiar with the idea that, under TUPE, the transferor has to disclose ’employee liability information’ within 28 days of the transfer. Prior to 1st May 2014 this had been
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