1) Gisda Cyf (Appellant) v Barratt (Respondent)
[2010] UKSC 41
EDT
The Claimant must be informed of the event that triggers the start of that period, namely, their dismissal or, at least, he or she must have the chance to find out that that short period has begun. Strict contractual was found not to apply in an employment situation. In this case the Claimant took a few days to read a letter which had been left in her floor.
2) TUPE Failure to Inform and consult - should 13 weeks be the starting point?
Todd v Care Concern, Appeal No. UKEATS/0057/09/BI
A seller of care home business gave some limited information to employees about impending transfer but failed to arrange for election of “appropriate representatives” as required by reg. 14 of Transfer of Undertakings (Protection of Employment) Regulations 2006 and accordingly gave no information to, and did not consult with, any such representatives.
Underhill P ruled that an award of 13 weeks' pay should NOT be the starting point for failure to inform and consult where the employer has done something (albeit not everything) to comply with the statutory obligations.
In this case, the employer gave some information the transferring employees, but not enough. It also failed to elect employee representatives.
Wednesday, 13 October 2010
Tuesday, 12 October 2010
Tuesday, 28 September 2010
All You Need to Know on the Equality Act
New Minimum Wage Levels
New rates of National Minimum Wage, due to come into force on 1st October 2010, originally announced in March 2010, have been confirmed as follows:
£5.93 per hour for low paid workers aged 21 and over (a 2.2% increase on the current £5.80 rate);
£4.92 per hour for 18-20 year olds (a 1.9% increase on the current £4.83 rate); and
£3.64 per hour for 16-17 year olds (a 2% increase on the current £3.57 rate).
£5.93 per hour for low paid workers aged 21 and over (a 2.2% increase on the current £5.80 rate);
£4.92 per hour for 18-20 year olds (a 1.9% increase on the current £4.83 rate); and
£3.64 per hour for 16-17 year olds (a 2% increase on the current £3.57 rate).
Tuesday, 21 September 2010
Are you late for CPD points?
There is a new provider on the scene which is great for quick and easy provision of CPD points in employment law. See www.cupidtraining.co.uk They offer the following courses:
Compensation in Discrimination Claims
The New Acas code of Practice on discipline and grievance
Public Interest Disclosure Act
The Right to Flexible Working
and Redundancy
All courses are 2 CPD points at £29.99 each or 10 CPD points for £99 - assessment is done by a simple multiple choice exam!
Compensation in Discrimination Claims
The New Acas code of Practice on discipline and grievance
Public Interest Disclosure Act
The Right to Flexible Working
and Redundancy
All courses are 2 CPD points at £29.99 each or 10 CPD points for £99 - assessment is done by a simple multiple choice exam!
Tuesday, 7 September 2010
My Latest Case Reported in the Birmingham Mail
http://www.birminghammail.net/news/top-stories/2010/09/04/jaguar-worker-allegedly-told-vip-visitors-that-jaguar-xf-was-a-load-of-s-97319-27201358/2/
Jaguar worker allegedly told VIP visitors that Jaguar XF was “a load of s***”
Sep 4 2010
1 2 next
A JAGUAR worker complained he was unfairly sacked – after allegedly using a four-letter word to describe the new executive car to visitors at the plant.
David Potter, of Yardley Wood, Birmingham, told members of the Jaguar Drivers Club that the Jaguar XF was “a load of s***”, an Employment Tribunal preliminary hearing was told.
The club, which is made up of Jag enthusiasts from across the country, had asked Mr Potter what he thought of the car as he worked on the production line.
And Charles Price, representing Jaguar Land Rover, alleged Mr Potter gave the four-letter description in response.
Mr Price said: “Mr Potter did not know who he was speaking to, but his comments were reported to the management and he was dismissed for misconduct after two appeal hearings.”
But Mr Potter, told the tribunal: “I deny using such language – I would never use bad language to members of the public.”
Instead he alleged that the firm had used the incident as an excuse to get rid of him after making a complaint on health and safety grounds.
He said he had objected to the shop floor being painted whilst he was working because the paint had aggravated his asthma. “The investigation into the alleged incident was flawed and there was a conspiracy against me,” he said.
“A final warning would have been more appropriate.”
Mr Potter was seeking permission to go ahead with a full tribunal hearing into his claim for unfair dismissal later this year.
But Mr Price successfully applied to the tribunal to strike out the claim after telling tribunal judge Mr David Dimbylow that Mr Potter had no reasonable prospects of winning his case.
Mr Dimbylow agreed and told Mr Potter his application for a full hearing was rejected.
Mr Potter said that he had been employed by JLR for nearly ten years and said he was now unemployed.
After the hearing, Mr Potter, a 48-year-old grandfather, said: “I am very disappointed with the legal system. I’m going to appeal.”
And when our reporter asked him what he did think of the XF, he said: “It’s Ford with a Jaguar body.
“I don’t think it’s worth the money.
“It’s not a Jaguar in my eyes.”
A JLR spokesman said they could not comment on individual cases.
The Jaguar Drivers Club describes itself as the premier Jaguar club, which has serviced the needs of Jag owners since 1956.
My tip for dealing with Pre Hearing Reviews is understand the tests used by the tribunal when considering a strike out or adding a deposit!
Jaguar worker allegedly told VIP visitors that Jaguar XF was “a load of s***”
Sep 4 2010
1 2 next
A JAGUAR worker complained he was unfairly sacked – after allegedly using a four-letter word to describe the new executive car to visitors at the plant.
David Potter, of Yardley Wood, Birmingham, told members of the Jaguar Drivers Club that the Jaguar XF was “a load of s***”, an Employment Tribunal preliminary hearing was told.
The club, which is made up of Jag enthusiasts from across the country, had asked Mr Potter what he thought of the car as he worked on the production line.
And Charles Price, representing Jaguar Land Rover, alleged Mr Potter gave the four-letter description in response.
Mr Price said: “Mr Potter did not know who he was speaking to, but his comments were reported to the management and he was dismissed for misconduct after two appeal hearings.”
But Mr Potter, told the tribunal: “I deny using such language – I would never use bad language to members of the public.”
Instead he alleged that the firm had used the incident as an excuse to get rid of him after making a complaint on health and safety grounds.
He said he had objected to the shop floor being painted whilst he was working because the paint had aggravated his asthma. “The investigation into the alleged incident was flawed and there was a conspiracy against me,” he said.
“A final warning would have been more appropriate.”
Mr Potter was seeking permission to go ahead with a full tribunal hearing into his claim for unfair dismissal later this year.
But Mr Price successfully applied to the tribunal to strike out the claim after telling tribunal judge Mr David Dimbylow that Mr Potter had no reasonable prospects of winning his case.
Mr Dimbylow agreed and told Mr Potter his application for a full hearing was rejected.
Mr Potter said that he had been employed by JLR for nearly ten years and said he was now unemployed.
After the hearing, Mr Potter, a 48-year-old grandfather, said: “I am very disappointed with the legal system. I’m going to appeal.”
And when our reporter asked him what he did think of the XF, he said: “It’s Ford with a Jaguar body.
“I don’t think it’s worth the money.
“It’s not a Jaguar in my eyes.”
A JLR spokesman said they could not comment on individual cases.
The Jaguar Drivers Club describes itself as the premier Jaguar club, which has serviced the needs of Jag owners since 1956.
My tip for dealing with Pre Hearing Reviews is understand the tests used by the tribunal when considering a strike out or adding a deposit!
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