News & commentary

On this page you will find the latest news on employment law, HR and health & safety matters. They are updated regularly and you will find new content here on a weekly basis.

Latest news & commentary

05 May 2011

Bad mouthing former employees

No matter the provocation, it is rarely a good idea for employers to go too far in their criticism of former employees.[...]
26 April 2011

Wife sues husband over unpaid wages

The Aberdeen employment tribunal has recently had to wrestle with a somewhat unusual set of circumstances when a wife sued her husband for reneging on an agreement to pay her £3000 a month to manage his dental surgery.[...]
26 April 2011

Builder sentenced to 4 months in prison

A builder has been sentenced to 4 months in prison for carrying out illegal repairs on gas systems and having left electrical work in a condition that posed a risk of fatality.[...]
26 April 2011

Protection for philosophical beliefs

The protection against discrimination on the ground of religion or belief covers not only religious beliefs, but also other philosophical beliefs provided that these are genuinely held, weighty and substantial, serious and worthy of respect.[...]
26 April 2011

Unfair application of selection criteria in redundancy

Applying selection criteria fairly in a redundancy situation can sometimes be taxing and defeat even the most prepared of employers as the case of Eversheds v De Belin shows.[...]
26 April 2011

Selection for redundancy following reorganisation

Where there is more than one candidate who is potentially redundant, a fair process must include a reasonable selection process for deciding upon who is to be made redundant. [...]
22 April 2011

Social Networking and HR Conference: Thursday 12th May, 2011

We are delighted to announce that we are hosting a stand at the HR NETWORK Conference on Thursday 12th May at the Hilton Grosvenor Hotel in Edinburgh. [...]
15 April 2011

Minimum wage increases

Note that from 1st October 2011 the minimum wage for adults over 20 years will increase by 15p an hour to £6.08 an hour.[...]
15 April 2011

No liability where dismissing manager ignorant of facts

In an unfair dismissal case involving misconduct, a tribunal will take into account all the circumstances, including provocation directed at the employee, in determining whether a dismissal was reasonable in the circumstances.[...]
13 April 2011

Volunteers not covered by discrimination law

A recent case of the Court of Appeal, X v Mid Sussex Citizens Advice Bureau , has confirmed that volunteers are not covered by the provisions of the Equality Act 2010. [...]
08 April 2011

Badly drafted alcohol policy leads to unfair dismissal

Many employers will have faced employees attending work the worse for wear due to alcohol or other substances. In many cases, the employer may be looking to terminate employment.[...]
07 April 2011

Retirement changes trigger need to review current practice

Employers who have adjusted to the ‘planned retirement’ regime introduced in the 2006 Age Discrimination regulations will now have to reconsider how they deal with the retirement of their staff, following the abolition of the Default Retirement Age (DRA) in October 2011.[...]
01 April 2011

Retirement

Further to the article on the new retirement regime in February’s LAWmail, the Employment Equality (Repeal of Retirement Age) Regulations 2011 have been published and we now have more details about how the abolition of the default retirement age will work in practice.[...]
01 April 2011

Compensation for playground fall

A Scottish council has been penalised after a girl fell and hurt her wrist while swinging from rafters in a playground shelter.[...]
01 April 2011

Company fined for working at height failings

A Yorkshire-based international packing company put the lives of its workers at risk over several years, a court has been told.[...]
01 April 2011

First corporate manslaughter conviction appealed

We have reported about the first trial brought under the Corporate Manslaughter legislation in previous editions of LAWmail.[...]
01 April 2011

Employee engagement high on agenda

The government has established an independent Employee Engagement Task Force charged with ensuring that a range of practical opportunities are made available for organisations wanting to learn about how to boost employee loyalty.[...]
01 April 2011

Additional paternity leave

Following the government’s decision to allow parents to share a period of leave after the birth of a child, new fathers will have the right to take a period of Additional Paternity Leave (APL) during the first year of their baby’s life.[...]
31 March 2011

Compensation for second pregnancy sacking

An employment tribunal has awarded compensation to a woman who was dismissed after telling her employer she was pregnant for a second time while still on maternity leave.[...]
31 March 2011

Harassment claim finally fails

The Employment Appeal Tribunal has endorsed a tribunal’s decision to reject a harassment claim, having taken into account evidence that prior to the incident he complained about the claimant had participated in similarly offensive conduct, and not made any form of complaint.[...]