Employment Bulletin – December 2013
Read the latest copy of our Employment Bulletin addressing Tupe and Insolvency
Individual Employment
Firm makes employee spend 12 months on garden leave
An investment company has upheld its legal right to make an employee spend 12 months on garden leave before taking up a post with a rival firm. The issue arose when the employee said he was resigning after working for the company as an investment adviser for 14 years. During that time, he had built
Government spending £1m to tackle pregnancy discrimination
The government is launching an independent research programme to tackle the problem of workplace discrimination against pregnant women. The Minister for Women and Equalities, Maria Miller, has given the go-ahead for the project which will analyse the effect of pregnancy discrimination on both families and the economy. The £1m study will be carried out by
Keeping it Confidential ‘Changes to the Employment Rights Act’
An amendment to the Employment Rights Act introduced on 29th July 2013 allows employers and employees to keep certain negotiations regarding termination of employment confidential. This means, subject to certain rules and exceptions any negotiations and offers cannot be used as evidence in subsequent unfair dismissal claims. Previously, such negotiations and offers could have been
Women win equal pay claim against NHS Trust
A group of female nursing assistants who were paid less than male maintenance workers have won an equal pay claim against an NHS Trust. The pay of the two groups was based on wage structures established in 1987. More than 9 out of 10 maintenance workers were men and 8 out of 10 nursing assistants
Employer not thorough enough when dismissing employee
Employers need to show they have been fair and that they have investigated all the issues thoroughly when dismissing an employee for alleged misconduct. Failure to do so could result in the dismissal being ruled unfair, as illustrated in a recent case involving a bookmakers and one of its cashiers. The cashier was accused of
New minimum wage rates come into effect
The new National Minimum Wage (NMW) came into effect on 1 October. These are the main changes: The adult rate increases by 12p to £6.31 an hour The rate for 18-20 year olds increases by 5p to £5.03 an hour The rate for 16-17 year olds increases by 4p to £3.72 an hour The apprentice
Pub manager compensated for depression caused by dismissal
A pub manager has been awarded compensation for the depression she suffered after being unfairly dismissed. The case involved a husband and wife who were employed together to manage a large pub. They lived on the premises with their four children. They worked there for just over a year when the employer became dissatisfied with
Driver compensated for ‘golliwog’ comments aimed at colleague
A black driver has been awarded £27,000 compensation after he became upset at hearing a colleague being called racist nicknames. Roy Morgan worked for a fruit and veg wholesale company inGloucester. He was not subjected to direct racism himself but often heard his colleague, Brian Ennis, referred to by other workers as ‘golliwog Brian’ and
Tribunal fees and employment law changes come into effect
A new set of employment regulations came into effect on 29 July. The most controversial, the introduction of fees for bringing claims to employment tribunals, went ahead as planned despite opposition from union leaders. The changes mean that employees wishing to bring a claim to a tribunal now have to pay fees on a sliding