Almost two years ago, it was requested of Mr Justice Underhill that he conduct a review of Employment Tribunals Rules of Procedure (or ET rules). These recommendations were published in July 2012 and, although the new rules are yet to be officially released, a consultation published by the government in March implies that the majority of Underhill’s recommendations have been accepted. While there is little dispute that certain areas of the ET rules require something of a makeover, there is concern among some groups that…
An employer has neglected to provide his workers with adequate facilities, Bodmin Magistrates’ Court has heard. The Health and Safety Executive (HSE) recently visited a site being operated by a reinforcement specialist contractor in Cornwall and found there was no hot or cold running water, or even a basin to wash in. A partner of the contracting company pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007. He was given a two year conditional discharge and ordered to pay costs…
Safety legislation in the UK are usually updated twice yearly in April and October, the intention of changes being introduced on two separate occasions is to help minimise disruption to businesses throughout the year. Since coming into power the Coalition Government has attempted to rationalise UK Safety legislation. A number of reports have been commissioned and completed to identify areas where legislation can be relaxed, combined, revoked etc in order to remove the so called “red tape” thus allowing businesses to do what they do…
The P38(s) procedure is still with us for the 2011/12 year, but when should it be used and when should a P46 be used instead? The CWG2 Employers Further Guide to PAYE & Nic’s now calls the P38(S) a Special Procedure – You can use a P38(S) but it does not have to be in this format and can be your own version provided that it covers all the same questions and is only where: The student is going to work during term holiday periods…
When an employee's contract is terminated due to long term sickness, there is the potential for an unfair dismissal to arise. We're going to examine the following scenario: What are the risks of terminating the contract of an employee on long term sickness absence before the employee’s entitlement under sick-pay and permanent health schemes has been exhausted? Putting aside any potential claims for wrongful dismissal, breach of contract or disability discrimination, this blog considers just one of the complexities and circumstances in which an unfair…
