Tag Archives: employment law

Tribunal fees to claimants to be scrapped

In July 2013, new fees were introduced to pursue disputes against employers in the tribunal courts to defer employees from lodging unfounded claims. Type A claims for sexual harassment, unfair dismissal and discrimination cost claimants £1,200. Type B claims to recover unpaid wages or holiday pay cost the employees £390. This has had a major impact on the number of claims processed by the tribunal courts. Continue reading

Brexit – how will it affect employment law?

The big day of Brexit referendum is tomorrow 23rd June 2016. One of the popular arguments for voting to leave the EU has been excessive bureaucracy and regulation imposed on the UK by the common market. What is unclear is how things would change, should a Brexit take place. This uncertainty affects the HR field as well as other walks of life and business. There have been several high profile employment tribunal cases in recent years that have escalated to the European Court of Justice (ECJ). Will those court rulings on holiday pay, overtime etc. simply be overturned with a return to status quo before them? Continue reading

Pulling sickies is legitimate grounds for dismissal

1 in 10 employees admits to ‘pulling a sickie’ or faking an illness to avoid work. These sickies can be a nuisance at the workplace and are tricky to manage due to the contention involved in accusing someone of lying. Employers are also potentially on thin ice taking on the task of proving the employee was or is not ill. But now there is good news for managers struggling with this issue: from a legal standpoint pulling sickies is legitimate grounds for dismissal. Of course, certain criteria must be met to justify the dismissal but the Employment Appeal Tribunal (EAT) has found that an employee who pulls a sickie can be dismissed for gross misconduct. Continue reading

Occupational Health is not a dispute mediation service

XpertHR published an absence related employment tribunal case study (Beastall v Ministry of Defence ET/2404242/14) to do with an employee who fraudulently used sick leave to perform as a medium. He had been signed off on two separate occasions and it was found that during both episodes he had appeared publicly as an advertised medium. When he didn’t return to work as planned after his fit note ran out, he was suspended under investigation and later dismissed for gross misconduct. Continue reading

Annual leave law update

Well it is that time of the year again, holiday season. As usual, employment law and regulations keep changing and it seems that this space is becoming more and more confusing rather than simpler. All you have to do is take one look at the legislation on shared parental leave to know what we’re talking about. There are many regulation changes that are currently being discussed in the UK and two of the annual leave law updates seem particularly relevant because they are likely to affect most employers. Continue reading