July 29, 2013 was a big day for employment law in the UK.
Firstly compromise agreements were renamed ‘settlement agreements’. This is largely a rebranding exercise but one that is welcome as we now have a title which more accurately describes what the agreement is designed to achieve.
On this same date, changes around ‘pre-termination discussions’ came into effect. These changes are contained in the Enterprise and Regulatory Reform Act and talk about ‘confidentiality of negotiations before termination of employment’. The theory behind this new law is that employers should be able to discuss with their employees the option of the employee leaving with a settlement agreement without the risk that that discussion itself will be used against them in a future claim. READ MORE
TODAY is a big day for employment law. Even though many of you will be thinking about your holidays, or may have even jetted off to sunny shores, take care to remember that certain changes are taking place which will affect your standard document and how you handle any exiting employees. Read more.
A recent case in the UK Employment Appeals Tribunal Woodhouse v. West North West Homes Leeds Limited UK EAT/0007(12) has looked at whether it is possible to fairly dismiss an employee who has raised repeated grievances, on the basis that the relationship with the employer has irretrievably broken down. READ MORE
After twice rejecting the Government’s proposals, the House of Lords has just finally voted to accept the much argued Clause 27 of the Growth and Infrastructure Bill, thereby paving the way for new legislation that will create a third type of UK employment status—Employee Shareholder. READ MORE
The British man who was filmed wrestling a shark, which threatened nearby children in the sea, whilst he was on holiday in Australia – the footage of which went global – has been sacked by his employer this week. It has been revealed that Mr. Marshallea and his wife (who has also been sacked) were on sick leave from the charity that employed them at the time of Mr. Marshallea’s heroic efforts and his employer took the view that this was a breach of trust too far.
Mr. Marshallea’s version of events is that he was off work with stress (as was his wife) and his GP had advised them that a holiday would do them good. His employer, in the dismissal letter, allegedly stated that, ‘Whilst unfit to work, you were well enough to travel to Australia and, according to recent news footage of yourself in Queensland, you allegedly grabbed a shark by the tail and narrowly missed being bitten by quickly jumping out of the way; the photographs and footage appearing in newspapers and television broadcasts.” READ MORE