Social media now plays a key role in many businesses as well as in the personal lives of most employees. Employees can, and often do, stray outside of purely personal use and this overlap can cause problems for employers and, of course, provides them with the challenge of monitoring and controlling information. Two very recent decisions provide some help and guidance for employers. Threatening messages on Twitter In Game Retail Limited v Laws, Game have a chain of retail outlets and Laws was a senior…
The Government has introduced new regulations in order to protect UK businesses from potentially damaging underpaid Holiday Pay claims. The Regulations will also apply to most claims of unlawful deductions to two years before a Tribunal claim is lodged. The move comes in reaction to an Employment Appeal Tribunal's (EAT) decision in late 2014, which caused a significant level of concern amongst employers over the potential impact and cost of the decision to employers. In the Bear Scotland v Fulton case in late 2014 the…
We are all looking forward to enjoying the summer months - but working in a warm office can be very uncomfortable for some employees. Heat stress occurs when the body fails to control its internal temperature.The effects of heat stress can vary from person to person, likewise some people are more susceptible to it than others. Naturally the body will react to heat by increasing the blood flow to the skins surface and then begin to perspire; the combination of the increased blood flow to…
Last month, we discussed the Government's new "Fit for Work" occupational health assessment service, aimed at employees classed as long term sick. It triggers when an employee has been (or is likely to be) absent for four weeks or more and referrals can be requested by employers or the employee’s own GP. This is such a big change to Employment Law that we thought we would go into more detail about it and highlight some of its most important aspects. At present, Fit For Work…
Fifty Shades of Grey sparked the biggest baby boom in 40 years, according to a recent news article. There are a number of press stories linking the release of the 50 Shades of Grey books to a Baby Boom. This month saw the release of the film so perhaps we should be prepared for a similar increase in the number of new and expectant mothers in the workplace as we move through 2015. The Management of Health and Safety at Work regulations require employers to…
Some UK employers have already banned employees from using e-cigs at their desk - but should all work places do this? A recent Employment Tribunal case highlighted the importance of employers ensuring that the use of e-cigarettes or ‘vaping’ is included in a smoking policy. The Tribunal in Insley v Accent Catering considered a claim that the employee had been 'constructively dismissed' by her employer. Ms Insley had been seen her using an e-cigarette at the school where she worked in full view of pupils. She…
By 2020, 36% of the working population will be aged over 50, according to recent Labour Force statistics. Recent data from the Office for National Statistics (ONS) has shown that employment in older workers aged between 50 and 64 years old has grown to 7.32 million and the numbers of those aged 65 and over in employment reached 900,000. These figures are the highest since comparable records began. Specifically, the percentage of individuals over 65 years old in employment has doubled between 2001 and 2010.…
As an employer you must ensure that adequate levels of first aid are provided. Accidents and sickness are not planned events and can happen to any one at any time. Your workplace does not have to be high risk for an accident to occur. If one did, what would you do? How would you manage? The delivery of first aid could quite literally be the difference between life and death in a medical emergency situation. Employers are responsible for the health and safety of their…
Can you dismiss employees for putting offensive comments on Twitter? In Game Retail Limited v Laws UKEAT0188/14, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee for tweeting offensive comments from a personal Twitter account was unfair. Mr Laws was employed by Game Retail Limited as a risk and loss prevention investigator, with responsibility for approximately 100 stores. He set up a personal Twitter account and began to follow these stores for work purposes. He was followed in return by 65 stores.…
Have you seen in the news that obesity is now considered to be a disability? That means, in some cases, obese employees will have the same employment protection as other disabled employees. It must be emphasised that discrimination on the grounds of obesity on its own is not itself unlawful. This question was considered recently by the European Court of Justice ("ECJ"). The matter concerned Mr Kaltoft who was a clinically-obese childminder for a local council in Denmark. He was dismissed due to redundancy; he…
