The application of the National Minimum Wage to employees who are on duty but are sleeping is a tricky one. This type of scenario often occurs within social care and the NHS and has been an ongoing debate between employers and unions. One care worker recently brought a claim against her employer in the case … Read more
In the case of Jobcentre Plus V Jamil, the EAT held that the claimant had brought her claim in time holding that the discriminatory act extended over a period and was not out of time from the date of refusal to make a reasonable adjustment. The claimant, a disabled employee with a condition of dormant … Read more
A recent tribunal case has shone a light on the employment status of ministers of religion. In Sharpe v The Worcester Diocesan Board of Finance & Others, a former Rector claimed that he had been constructively dismissed and that he had suffered in relation to whistleblowing. The judgement at a pre-hearing review was that ministers … Read more
Take time to read the following three employment related clauses contained in The Small Business, Enterprise and Employment Bill recently published. 1 – Penalty notices Under clause 136 respondents who fail to pay tribunal awards will find a ‘penalty notice’ landing on their desk. Issued by an enforcement officer, unless outstanding tribunal awards are paid … Read more
A secretary with dyslexia who felt she was bullied out of her job studied law to take employer to tribunal after she couldn’t afford the legal fees. Take employer to tribunal Inspired by the 2000 hit film Erin Brockovich, Alex Gibson represented herself at an 8-day hearing and won. The Daily Mail reports that, after … Read more
The Employment Law Bulletin reports that in the case of Little v Richmond Pharmacology Ltd an initial act of indirect discrimination was made good following an internal appeal. After the Claimant’s original request for part-time working on return from maternity leave was declined, she appealed and was subsequently offered a trial period of part-time working. … Read more
Important changes to the rules regarding employment tribunal fees came into effect on Monday 29th July. Key points to remember are as follows: A claim form will be rejected by the tribunal if it is not accompanied by the fee, or a remission application. The due date is set out in the hearing notice. There … Read more
Nobody wants to die whilst still in employment. Some of us have visions of the latter stages of our lives being a peaceful existence – pottering around the garden, spending 6 months of the year in warmer climates, or perhaps playing with the grandchildren. In the sad case of Mr Bollacke, he died whilst still … Read more
A recent Personnel Today article examines the issue of determining the termination of employment date when an employee says that they have no choice but to resign. This can be really important if you need to establish wthere or not an employee has the required service to bring an unfair dismissal claim at employment tribunal. … Read more
Let's have a friendly chat to see how we can help
or
Fitzgerald is a full-service HR Consultancy. We help our clients create brilliant places to work so they can attract recruit, manage, develop, and retain, great people.
