Following investigations into an incident in the USE in 2010 where the shell of a heat exchanger ruptured catastrophically, killing seven workers, the HSE have issued a safety alert aimed at the chemical processing and production and general manufacturing sectors. The safety alert concerns the use of carbon steel in applications involving hydrogen (as either a gas or a liquid, … Read More
Liability For Undisclosed Disabilities?
If an employee fails to disclose their disability to you, can they later claim that they’ve been directly discriminated against? Mr Mutombo-Mpania (M) applied for a job with Angard (A), a firm which provides casual workers to Royal Mail Group (RMG). M stated that he was not disabled on his application form and didn’t disclose any disability on his health … Read More
Fake Reference Costs Employee £4,725
An employee has been ordered to pay his employer £4,725 after he provided a fictitious reference, using the name of a Star Wars Character. Damages from employee It is not often that we see tribunal ruling where the employee is ordered to pay their employer damages. However, this is exactly what happened in Francis-McGann v West Atlantic UK ltd 2018. … Read More
EU Employee Status Post Brexit
For months there has been uncertainty over the employment status of EU citizens in the UK in the immediate aftermath of Brexit. The Government has now given some guidance on this issue. At the beginning of November 2018, after months of speculation, the Government confirmed its future plans in relations to the employment status of EU nationals following Brexit. This … Read More
Disciplinary Procedure and Witness Statements
An employee has been accused of serious misconduct. You’ve taken witness statements from several colleagues who say that they “didn’t see anything” should you disclose them to the accused? When an employee is accused of wrongdoing, your starting point is to conduct a full and reasonable investigation, including obtaining written statements from all possible witnesses to the employees’ action. They … Read More
New duty to publish family friendly policies
In October 2018 it was reported that the government is considering forcing employers to publish their parental leave and pay policies. How likely is this to happen and will you be affected? Transparent policy The Department for Business, Energy and Industrial Strategy (BEIS) has confirmed that it’s considering whether there should be a legal duty imposed on employers to openly … Read More
What the current National Living Wage is, what it means, and how it is going to change
What is it? First thing’s first, let’s clear up the confusion regarding the difference between the National Minimum Wage, National Living Wage and the ‘real living wage’. The terms are often used interchangeably, but there is a small difference. The National minimum wage is the smallest amount employers legally have to pay to employees over compulsory school age but under … Read More
Warning over 60 days sickness was discriminatory
The employment appeal Tribunal has held that a disabled employee who received a warning for taking 60 days sickness absence suffered unlawful discrimination. Why? Background facts Mrs O Connor (O) commenced work with DL Insurance services (DL) in June 2005. O had a customer support role which involved her speaking to customers on the phone. According to the case reports, … Read More
Making wage deductions for the cost of training
When an employee leaves employment, you might wish to recover the cost of any external training they recently undertook. When are you legally able to recoup training costs and can you do this by making deductions from the employee’s final salary payment? Training Investment If you invest in external training for employees and are worried they may leave you as … Read More
Festive opening hours
We’d like to take the opportunity to thank all customers for their support throughout 2018. Our opening hours over the festive period are as follows: Monday 24th December – 12.30pm close Thursday 27th December – Normal Hours Friday 28th December – Normal Hours Monday 31st December – 3pm close Wednesday 2nd January – Normal Hours resume If you require assistance … Read More