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Emplyoers Protection Insurance

Happy New Year one and all.

I am pleased to announce that Temple Heelis have now been accepted onto the Temple Legal Protection panel for employment disputes insurance.

Another valuable string to our bow as we aim to offer competitive and comprehensive HR support to businesses of all sizes across the North.

For an audit and visit to your business at our expense please contact us here at Temple Heelis and Look North Legal

Hot Topics for 2011 (Part 1)

2011 will be a typically busy year for HR teams and Employment lawyers. I and my Look North Legal colleagues at Samuel Phillips are working with our clients and others to check and adapt contracts and policies to take into account such major developments as the removal of the default retirement age, the extension of rights for Agency Workers and the extension of the right for staff to request time off for training and study leave.

Despite talking hard about “small government” the amount of red tape tying up business shows no immediate sign of abating.

Look North Legal

It is not before time that I specifically make mention of our venture with Samuel Phillips Law Firm under the banner ” Look North Legal”. Check out our website at www.looknorthlegal.co.uk

Our joint resources are now very deep and broad and we aim to collaborate going forward to offer these resources to the businesses, public bodies and individuals across the (currently frozen!) North of England.

I came up with the strap line “Look no further” whilst in the shower, a rare but inspired creative moment.

Thanks to David Laud, Jenny Goldstein and Robert Gibson from SP for getting this off the ground.

Bad Weather Blues

What does a reasonable employer do when their team are struggling to get through the ice and snow?

This is the Temple Heelis take.

“Whilst we do not want staff to take undue risks, please consider the colleagues who do battle in by making every effort.

Anyone who cannot get in should be prepared either to take as part of their holiday entitlement or be prepared to make up the lost time by coming in early and/or working late when the weather improves.”

Works every time (!?)

“Without Prejudice”

Can you get away with skipping the niceties and telling someone just what you think of them just by adding the magic words “without prejudice” (and thus claiming privilege) to , for example, a letter to the other side in a dispute?

It would perhaps be done far more often if it could always be used.

E, g, Dear Mr x ,we are so glad to be rid of you , you thieving dishonest rogue. We all hated loathed the sight of you by the way and your work was rubbish. You make a claim against us and we’ll see to it you never work in this town again…. Without prejudice. Yours etc.

Woodward V. Santander reminds us that WP cannot be used as a cloak to hide correspondence that is a means of insulting blackmailing or causing “unambiguous impropriety”.

Bit of a shame many employers or ex customers may think.

Ashes to Ashes

How should one treat the member of staff whose return to work is delayed by the current air travel problems? Is this a disciplinary issue? How do we address the lost time?

First of all, one is entitled to expect that the staff member has made reasonable efforts to ensure the return is delayed by as little time as possible. They should also be giving regular updates so you know when you can expect them.

Also , if it is reasonably practicable , and depending on the role they have, can they be gainfully working remotely? If so, they should be doing so.

On their eventual return it is appropriate to agree with the member of staff how many hours have been “lost” and see how those can be made up. That is probably the best overall solution with the staff member making up the time away by doing an extra hour here and there.

An alternative is to make them take it as part of holiday entitlement or agree that it should be authorised but unpaid leave.

I can see that this will be treated very differently by different employers with different staff. The most important advice is to be fair and consistent.

Farewell to the Sick Note

…. and a warm welcome to the Fit Note !! Are we all ready for the latest government wheeze to get all us employers to look at phased returns to work, altered duties, amended duties and workplace adaptations ??

We can expect any or all of these to be thrown at us by our GP friends as a means of getting everyone back to work as soon as possible. Starts from April 1 but no April fool, I assure you.

Varying your Employee’s Contract

A recent EAT decision suggests that where an employer has provided for itself a broad right to amend terms and conditions for staff members (e.g. hours of work) it is permitted to do so even in the absence of consultation with the affected staff.

I take the view, however, that to do so without an attempt at agreement could be said to offend against the fundamental duty of trust and confidence and employers should use such power with great caution.

I don’t think I will be rushing to alter my basic advice to both employer and employee in these cases, which is that introducing changes can amount to a breach of contract which has all sorts of consequences

Cap on Contingency Fees

Those Solicitors acting for Claimant employees on a Contingency Fee basis (where the solicitor’s fee is a % of sum awarded or accepted) will have had mixed feelings at the news that these will, from April be subject to a cap of 35%. Some were fearful that the maximum would be fixed at 25% , and so there will be some relief, tinged with regret that there is to be a cap at all.

For more info on my firms emplyment law services please use the following linkhttp://www.templeheelis.co.uk/business_services_info.cfm?page=10