Drugs in the workplace
We have recently been asked a number of questions about drug testing of employees and agency workers. There are numerous and complex legal issues to bear in mind, and we provide here a brief overview. Drug abuse in the workplace Abuse of controlled substances is of course a criminal offence, and it would appear to […]
Notice takes effect the day after it is given
The date on which notice is given to an employee is important as it will determine when the employment will terminate, which in turn will be the date at which the 3 months time limit to bring a claim at the Employment Tribunal will begin to run. This may be of particular relevance where the […]
Whistleblowing – what employers should know
‘Whistleblowing’ is the figurative word used for instances where an employee or worker discloses suspected occurrences of wrongdoing or malpractice within their employer organisation. An individual who does ‘blow the whistle’ will be protected in legislation from being dismissed or suffering a detriment as a result of their disclosure and claims in this area can […]
Back to basics
With the pending application of the Agency Workers Regulations, it yet again shows the importance of knowing your legal obligations and understanding what is expected of your business when working in the recruitment industry. This article should provide you with a summary of some of the important things to remember when dealing with clients and […]
AWR final guidance published today
The Department of Business, Innovation and Skills (BIS) has published the final version of the guidance to accompany the Agency Workers Regulations 2010 today.
Costs in the employment tribunal – a difficult prospect
A recent case in the Employment Appeal Tribunal (“EAT”) has highlighted the difficulties faced by respondents in getting a costs order against an unsuccessful claimant. The case of HCA International ltd v May-Beheemul [2010] was regarding an employee who resigned and subsequently lodged claims of disability discrimination, constructive unfair dismissal and detriment on the grounds […]
Employee posting offensive remarks on Facebook
The Employment Tribunal has heard another case involving an employee’s use of a social networking websites which resulted in dismissal. The matter of Preece v J D Wetherspoon plc concerned a pub manager working for Wetherspoons at the Ferry Boat Pub in Cheshire. Her contract of employment clearly set out that she could be dismissed […]
Minimum wage increase
The Government has announced that the national minimum wage for adults will increase on 1st October 2011 from £5.93 to £6.08 per hour – an increase of 15p.The increase is 2.5% below the rate of inflation. Vince Cable (the Business Secretary) commented that more than 890,000 of Britain’s lowest-paid workers will gain from these changes, that […]
The future of the GLA – is it under consideration?
There have been recent reports suggesting the possibility of the Employment Agency Standards inspectorate at BIS being merged with the Gangmasters Licensing Authority (“GLA”). It would not appear that there are any firm proposals for this to happen, just an announcement by employment relations minister, Ed Davey, that government is to review workplace rights, compliance […]
When does a notice of dismissal take effect?
If I give an employee three months notice this afternoon, when will it end? Does the notice period include today, the day I give the notice, or does it start tomorrow? The answer may be significant in determining when the employees last day of work is and therefore the period in which they can bring […]