by Andrew Macmillan | Feb 8, 2022 | News
Employers will need to be aware of, and prepare for, an extra bank holiday in 2022 to celebrate the Queen’s Platinum Jubilee, taking place on Friday 3rd June 2022. In addition, the late May bank holiday will also be moving to Thursday 2nd June. Employers and...
by Andrew Macmillan | Feb 1, 2022 | News
Settlement agreements usually include a confidentiality clause requiring an employee to keep the existence and terms of a settlement confidential. Including such a clause should, in theory, prevent reputational damage and discourage other employees from making claims...
by Andrew Macmillan | Jan 24, 2022 | News
When a Settlement Agreement is entered into an employee can agree to waive their rights to bring a legal claim in return for a sum of compensation. Generally, up to £30,000 paid as compensation under a Settlement Agreement can be paid tax free. But not all payments...
by Andrew Macmillan | Jan 18, 2022 | News
Can an employer be held vicariously liable for the actions of its employees when engaging in horseplay? Possibly, but not on the facts of this case, held the Court of Appeal in Chell v Tarmac Cement And Lime Ltd. The Claimant was employed by Roltec Engineering Ltd as...
by Andrew Macmillan | Jan 11, 2022 | News
Was a dismissal for gross misconduct relating to the raising of vexatious grievances which the Claimant refused to either pursue or withdraw, fair? Yes, held the Employment Appeal Tribunal (EAT) in the recent case of Hope v British Medical Association. The Claimant...
by Andrew Macmillan | Jan 4, 2022 | News
Employers and employees can now (under Section 111A of the Employment Rights Act 1996) have a protected “off the record” conversation provided the purpose is to explore the possibility of a potential settlement agreement. This means that, subject to some...
by Andrew Macmillan | Dec 17, 2021 | News
If you become sick through a medical condition or a problem which prevents you from working, your employer may decide to offer you a settlement agreement. However, they will normally only do this if you have been off sick for some time, usually for several months or...
by Andrew Macmillan | Dec 16, 2021 | News
Some employers may consider offering an employee a settlement agreement rather than experience the time and hassle of putting someone through a painful and time consuming capability or performance management process. If you have more than 2 years’ service with...
by Andrew Macmillan | Dec 15, 2021 | News
Was a tribunal entitled to find that a director/shareholder of a small family business was not a worker/employee for the purposes of Section 230 Employment Rights Act 1996? Yes, held the Employment Appeal Tribunal (EAT) in the case of Rainford v Dorset Aquatics...
by Andrew Macmillan | Dec 14, 2021 | News
If you are an employee who is being made redundant, with two or more years’ service, then you should be aware you are legally entitled to at least a statutory minimum redundancy payment. The exact amount of any statutory redundancy payment will depend on a...
