An employee has resigned and told you they’re not working their contractual notice. What can you do? Breach of contract Technically, this situation would amount to a breach of contract – although the breach would only occur at the point the employee failed to turn up during their notice period. Before that, it’s merely an…
Where is the line between banter and discrimination?
Good-natured teasing or ‘banter’ at work can create camaraderie between colleagues and help to release pressure if the nature of the work is stressful or the workload is higher than usual. But, when it goes wrong, it can lead to claims of harassment and discrimination that damage the reputation of your business and result in…
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Supreme Court rules that direct pay offers to workers were unlawful
In Kostal UK Ltd v Dunkley and others, the Supreme Court held that the employer had offered unlawful inducements when it made two pay offers directly to Unite members while the collective bargaining process was continuing. Facts Kostal recognised the trade union, Unite, for collective bargaining purposes. Under the recognition agreement, the parties agreed to…
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Recruitment and unspent convictions
You discover that an employee has a criminal record. Can you dismiss them? Job applicants must declare ‘unspent’ criminal convictions on request, but they don’t have to volunteer this information if you don’t ask for it. You should only be asking for criminal record information during the recruitment process where it has a direct bearing…
How can you effectively implement a whistleblowing procedure?
Reporting Whistleblowing is critical to quality control, risk management and good governance. Encourage workers to report wrongdoing internally rather than externally so you can deal with the matter before it escalates and damages your reputation. Having effective arrangements for reporting concerns about wrongdoing will help. Openness Create a culture where disclosers feel confident you will…
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A driver was fairly dismissed for an online Covid safety rant
In Lynch v Middlesbrough DP Ltd ET/2500981/20, an employment tribunal held that a pizza delivery driver was fairly dismissed for making serious threats to a colleague via Facebook messages. Facts Mr Lynch was a delivery driver for Domino’s Pizza (although his employer was franchisee Middlesbrough DP Ltd). At the start of the pandemic, Mr Lynch…
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The National Living Wage will rise from £8.91 to £9.50
This is an increase of 6.6%, nearly double the current cost of living increase. The national minimum wage will rise: from £8.36 an hour to £9.18 an hour for those aged 21 to 22; from £6.56 to £6.83 for those aged 18 to 20; from £4.62 to £4.81 for under 18s; and from £4.30 to…
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Amazon drivers are seeking employment rights
Leigh Day is looking for drivers, hired by third-party delivery companies, to join a potential group action against Amazon seeking employment rights. The drivers currently classed as self-employed are not entitled to the national minimum wage, holiday pay or a contract of employment. Leigh Day has begun legal action on behalf of two drivers and…
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World Menopause Day
World Menopause Day is held every year on the 18th of October. The purpose of the day is to raise awareness of menopause and the support options available for improving health and wellbeing. How can you support employees experiencing menopause? Support and encourage Promote a supportive environment so your employees feel able to talk openly…
Making flexible working the default
The government is consulting whether employees should have the statutory right to request flexible working from day one. Currently at least 26 weeks’ continuous employment is required to ask to work flexibly. The government believes this causes employers and employees to view working flexibly as a ‘perk’. It will also consider: Whether the existing eight…
Carers’ unpaid leave
The government has confirmed, following a consultation last year, that it will give employees who are also unpaid carers the right to one week’s unpaid leave per year from their first day of employment. The leave will be available to take flexibly, from half a day to a whole week. The notice period for taking…
A bungled flexible working request cost £184,961
Before consultation started on enhancing the ability to ask to work flexibly, we were reminded of the importance of correctly following the current regime. In Mrs A Thompson v Scancrown Ltd T/a Manors , a sales manager at a London estate agent was on maternity leave from October 2018 to October 2019. In August 2019,…
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