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Employment Law Changes – April 2012

Meredith Hurst Monday, April 16, 2012

A number of changes to employment law take effect in April 2012. The coalition government has stated that these changes are being made to streamline and modernise the employment tribunal system and promote efficiency and flexibility in the labour market. Qualifying Period for Unfair Dismissal Rights Extended   With effect from 06 April 2012 the normal period of continuous employment for eligibility for unfair dismissal rights will increase from one year to two years. This change will...

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Criminal Conduct in the Workplace

Meredith Hurst Monday, April 16, 2012

It has long been established that employers can be vicariously liable for unlawful acts committed by their employees in the course of their employment. In the leading authority of  Lister and others v Hesley Hall  the House of Lords held that in determining vicarious liability in the employment context the key question is whether the employee's torts (wrongful acts) are so closely connected to his or her employment that it would be just and fair to hold the employer vicariously...

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Case Report – Teggart v TeleTech UK Limited

Meredith Hurst Monday, April 16, 2012

A recent decision of theNorthern Irelandindustrial tribunal provides further guidance for employers on the use of information from social media websites for the purposes of misconduct dismissals. The facts   Mr Teggart was employed as a Customer Service Representative by TeleTech UK Limited at itsBelfastcall centre. He posted an obscene comment on his Facebook page from home about the promiscuity of a female colleague. The comment included reference to TeleTech and was read by...

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Mediation – what part should it play in helping to resolve workplace disputes?

Meredith Hurst Monday, April 16, 2012

Mediation already has a key part to play and charities need to aware of the significant contribution it could make towards helping to resolve disputes within the workplace. In 2007 Michael Gibbons was asked to review the area of employment dispute resolution. His review recommended that a free dispute resolution service including mediation be set up to cover disputes in the workplace with the aim of bringing about effective resolution at the earliest stage. Whilst this has not yet happened the...

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What is the Employee’s last date of employment?

Meredith Hurst Monday, April 16, 2012

There have been a number of cases on when notice takes effect, most recently with the case of Horwood v Lincolnshire County Council UKEAT/0462/11 and 0463/11 which relates to an employee handing in her notice. The exact date the employment comes to an end is important for many reasons: In order to calculate the length of service to establish whether an employee has statutory rights for example redundancy pay or unfair dismissal. To calculate whether an employee has brought his or her claim...

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