Saturday, 27 June 2009

Useful website on Apprentices

If you are not sick of Alan Sugar there is a great new website which tells you all you need to know about this strange horse.

There is a useful FAQ feature which offers gems such as: 'If you wondered whether the minimum wage is applicable all employed apprentices must receive a wage of no less than £80 per week and this will rise to £95 from August 2009'.

Thursday, 25 June 2009

Equal Pay Decision

The case of South Tyneside v McAvoy has been resolved by the EAT. Contingent male claims may be issued prior to the resolution of their female comparators' claims. Thousands of male claims are currently stayed awaiting determination in this area. Contingent male claims are also entitled to claim arrears on pay for the whole period in respect of which their female comparators have been awarded arrears.

The Councils will appeal to the Court of Appeal.

New Referral Group for Employment Lawyers

Try registering with and look for:

'Employment Lawyers Networking & Referral Group' this allows you to send your news and jobs to approx.600 employment lawyers!

Tuesday, 16 June 2009

Can an employee have legal reps at a disciplinary hearing?

There is no general right under UK law for an employee to have a qualified legal representative at a disciplinary hearing. In Kulkarni v Milton Keynes Hospital NHS Trust [2008] IRLR 949 (QBD) the High Court refused to grant a declaration that a doctor was entitled to be represented by a lawyer at a disciplinary hearing.
However, employees may have a right to legal representation at the hearing in a few limited circumstances as a result of the Human Rights Act 1998 (HRA) and article 6 of the European Convention on Human Rights.

In R (on the application of G) v The Governors of X School & another [2009] EWHC 504 a teacher was held to be entitled to legal representation at a disciplinary hearing because of the seriousness of the allegations which, if upheld, would have led to his employer reporting him to the Secretary of State as being unfit to work with children.

Sunday, 14 June 2009

Working Time Regs breaches can now be pursued under deduction of wages claims

The House of Lords has decided in favour of the workers in in Stringer v HMRC, overturning the Court of Appeal.

This means that a worker can claim for a breach (under Regs 13,16 and 14) past the old 3 months aslong as the underpayments were part of a series under a deduction of wages claim rather than as well as under the Working Time Regulations.

Deducions of Wages claims are a great tool for the employment lawyer as it is one of the few grounds of action where you do not need a month's service to rely upon them.

The Regs:

Tuesday, 9 June 2009

BNP Election Twist

Interestingly, the Guardian today picked up on a nuance in the BNP election story. The party, now elected to the European Parliament would have to employ staff which can only be selected pursuant to equality laws. We all know the terms of the RRA S.4:

4. F1 ...applicants and employees.— (1) It is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against another—
(a)in the arrangements he makes for the purpose of determining who should be offered that employment; or
(b)in the terms on which he offers him that employment; or
(c)by refusing or deliberately omitting to offer him that employment.
The Personal Data Guardianship Code was published jointly by the British Computer Society and the Information Security Awareness Forum (ISAF). The Personal Data Guardianship Code was published jointly by the British Computer Society and the Information Security Awareness Forum (ISAF) in response to the number of high profile data breaches in recent years.

The emphasis is on the data controller notifying the individual that their information is processed aswell as when it is collected.

Monday, 8 June 2009

The Best Employment Jobs Section Has Arrived!!!

In an attempt to offer the employment lawyer coming to this site everything they need I have added a Best Jobs button on the home page - Here you will find the juciest looking roles advertised in the week!!!!

Saturday, 6 June 2009

Employers often dont know they have free legal advice and representation

A recent survey showed that many employers who are used to shelling out a packet to lawyers are unaware of the fact that they are entitled to free legal advice and representation through their company insurance. However it is sometimes worth hiring a lawyer or HR pro who can give a 2nd opinion. I have known it for insurers to refuse a company support on the basis that they had no case of worth when the opposite was in fact true.