Kimbells Freeth's Employment Law Blog

Regional Mediation Networks to be Created

kimbells — Fri, 27 Jan 2012 10:56:32 +0000

In another step to help reduce the number of workplace disputes reaching an employment tribunal, a pilot scheme of regional mediation networks has been announced by Employment Relations Minister, Edward Davey. The scheme will provide assistance to small and medium-sized enterprises and pilot regional mediation networks will be set up in Cambridge and Manchester later this year. BIS will fund training for employees from SMEs to become trained mediators. The trained mediators will then be able to offer their services to business across the region.

Are you ready for the Olympics?

kimbells — Wed, 25 Jan 2012 10:36:07 +0000

ACAS has published some useful guidance for employers in readiness for the Olympic and Paralymic Games this summer.

In essence, ACAS suggests that employers plan ahead, to ensure they can cope with the different types of employees: those who want time off to attend the Games, those who have volunteered to help at the Games, those who want to watch some of the Games during the working day and those who are not at all interested in the Games and think that other employees are being treated more favourably by being allowed time off.

Employers will need to think about allocation of holiday, paid/unpaid time off for volunteers, flexible working, etc.

To view the guidance on the ACAS website please click here.

Increase to qualifying period for unfair dismissal will only affect new joiners

kimbells — Mon, 23 Jan 2012 10:23:36 +0000

Following the Government’s announcement last year that it intends to increase the qualifying period for unfair dismissal from one to two years on 6 April 2012, we understand that BIS has informally stated that the changes will only affect those employees who commence employment on or after that date.

This means that all those already in employment and those who start work prior to 6 April will retain the one year qualifying period.

This has not yet been formally confirmed, but it is probably only a matter of time…

Drop in tribunal claims

kimbells — Fri, 20 Jan 2012 15:09:14 +0000

Recent Government figures and feedback from tribunals show a significant decrease in claims in 2011. In the period between July and September 2011 the number of cases fell by 30% compared with the same period in 2010.

This reduction is thought partly to be attributable to the unusually high number of holiday pay claims brought by employees in the airline industry in 2010. However, even after removing such claims from the 2010 figures, the overall trend still seems to suggest a decrease in claims. Another explanation put forward is the increased use of the pre-claim conciliation provided by ACAS to resolve disputes before filing a claim. This may indicate a potential for success in the Government’s plan to introduce ACAS conciliation as a pre-cursor to all tribunal claims.

The raft of measures proposed by the Government to reduce the number of claims reaching tribunals are yet to be implemented so further reductions may well continue in 2012.

£1m Tribunal Award

kimbells — Fri, 20 Jan 2012 09:19:26 +0000

An NHS trust has been ordered to pay a former senior manager nearly £1m in damages for racial discrimination and unfair dismissal.

The former employee was suspended after raising a grievance concerning the proportion of black employees being dismissed and was subjected to “persistent discrimination” and “an intimidating environment” before being dismissed, ending a 34-year career.

The matter is currently awaiting judgement following appeal but the union officer that represented the claimant has described the discrimination as “breathtaking and callous”.

Sick Staff Struggle On

kimbells — Thu, 19 Jan 2012 16:37:47 +0000

A recent poll has indicated that a large proportion of employees have attended work while sick. Over half of those may have risked the health of their colleagues while doing so.

The cost of sick employees actually attending work is thought to cost businesses up to £15 billion a year. Whilst this may be seen as a staggeringly high cost, it should of course be compared with the cost of staff who are absent through sickness.

An interesting fact to immerge from the poll is that many of those attending work while ill are doing so due to fears over job security.

Not so Happy New Year!

kimbells — Fri, 13 Jan 2012 16:33:21 +0000

As the post-Christmas blues slowly start to fade, conflicts in the workplace surrounding the use of social media are again rearing their heads.

In the States, an employer is pursuing a former employee through the courts claiming that his group of Twitter followers constitute a customer database. The company, that provides mobile phone information online, is arguing that it was unlawful for the ex-employee to take his Twitter followers with him after his employment ended.

Closer to home, a human resources executive from Reading is claiming that he was forced out of his job for ticking the box to register an interest in “career opportunities” on professional networking site LinkedIn.

Whilst the outcome of these cases are not yet known they do raise interesting questions and highlight the need for carefully worded and properly implemented and maintained social media policies.

New compensation limits

kimbells — Wed, 21 Dec 2011 16:24:36 +0000

The new limits on certain tribunal awards have been published and will apply to all dismissals/redundancies (as applicable) which take place on or after 1^st February 2012.

The limit on compensation for unfair dismissal will rise from £68,400 to £72,300 and the cap on ‘a week’s pay’ for the purpose of calculating redundancy payments (among other things) will rise from £400 to £430.

Jail for first Bribery Act offender

kimbells — Wed, 21 Dec 2011 12:19:28 +0000

Further to our blog earlier in the year, court clerk Munir Patel, who pleaded guilty to “requesting and receiving a bribe intending to improperly perform his functions”, has again made legal history. After being the first person prosecuted under the Bribery Act 2010, he has now become the first person to be jailed under the legislation.

Receiving a sentence of 3 years for bribery and 6 years for misconduct in a public office, this is a clear indication that such offences will be punished severly.

Auto-enrolment: Commencement delayed, for some

kimbells — Tue, 20 Dec 2011 09:24:52 +0000

Amidst employer apathy regarding the staged introduction of pension auto-enrolment, the Government has confirmed that the provisions will apply to “small businesses” (those with fewer than 50 employees) a year later than planned. These businesses will now have to commence enrolment for all qualifying employees from May 2015.

Recent surveys of HR professionals have revealed that many businesses are completely unprepared for the introduction next year. A large number are yet to even consider the likely financial implications.

Pension auto-enrolment is due to commence in October 2012 for the largest companies.