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Ask the Expert – Sick Pay During Notice

One of my employees has been off on long-term sickness absence. It’s been too long, and I want to dismiss him. He’s exhausted his contractual sick pay entitlement and now receives statutory sick pay only. Assuming he remains off sick, what do I need to pay him during his notice […]

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Tribunal Tales – Inferring Discrimination

An employee who worked at the bar in a restaurant was dismissed by reason of redundancy. The dismissal took effect shortly after the employee’s manager found out that the employee was pregnant. The employee brought a claim for discrimination (she did not have the required year’s service to claim unfair […]

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HR Issues – Yahoo Appoints Pregnant New CEO

The recent decision of Yahoo to appoint a pregnant woman as CEO has created much in the way of heated discussion both in the US and further afield. The law in the UK is quite clear on the fact that women cannot be discriminated against in selection for a role […]

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Navigator News – I’m a Survivor

In redundancy situations, there is one group of people who are easily forgotten – the ones who are left. These, you might think, are the lucky ones. In many ways they are, because they have proved their ability and worth by being retained. However, for many employees, selection processes and […]

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Legal Issues – Falling Ill on Holiday

Our monthly look at employment law changes and developments The European Court of Justice has already held in 2009 that an employee who was unable to take his scheduled annual leave (because he had had an accident) was entitled to re-take his holiday at another time. The rationale for this […]

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Tribunal Tales – Double Jeopardy

This case arose out of the tragic events surrounding Baby P. Following his death, the Council social worker responsible for his care was assured by Sharon Shoesmith that she would not be losing her job as a result. Both the social worker and her supervisor were taken through a disciplinary […]

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Ask the Expert – Withdrawing a Job Offer

I offered someone a position in my business which she accepted. She promptly resigned her previous job, but now I need to withdraw the offer due to unforeseen circumstances. What are the implications here? If she has accepted the offer, then a contract has been formed (unless there were any […]

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Tribunal Tales – To Pay or Not to Pay?

Mr Knowles was employed as an energy purchasing manager with Kent County Council. In January 2011, the Council received information from the police that he had been acting fraudulently in the course of his work for the Council and had been misappropriating money. Mr Knowles was arrested at work on […]

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Legal Issues – Employment Law Changes Announced in the Queen’s Speech

Our monthly look at employment law changes and developments A number of prospective employment law changes were announced in the Queen’s Speech last week. Firstly, the Enterprise and Regulatory Reform Bill will when enacted make changes in the area of the employment tribunal system and dispute resolution generally. Many of […]

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Ask the Expert – Without Prejudice Discussions

I am considering having a without prejudice discussion with one of my underperforming employees to see if she is willing to leave my business for an agreed sum of money. Do you see any issues with this? The first thing to realise is that the purpose of the without prejudice […]

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8th May 2012