Employment Law E-Bulletin

June 09

QUICK LINK

This month's cases in full

************

COMPROMISE AGREEMENTS

Although there has been much talk of the ‘green shoots of recovery’, the problems at General Motors and the threat to the UK’s Vauxhall plants is a reminder that the recession is very much still with us. In such times, redundancies become much more common place.

The use of compromise agreements in redundancy situations is a relatively recent development but is increasingly common as employers seek to ‘soften the blow’ by offering enhanced redundancy packages, or try to speed up the process by perhaps not consulting with employees as thoroughly as they should, or merely seek to prevent employees complaining to a tribunal of unfair dismissal or anything else after they have been made redundant.

Read full article

************

CASES

Irrationally Generous Compensation Payment

The case of Gibb v Maidstone & Tunbridge Wells NHS Trust saw the High Court ruling on the validity on the Department of Health’s refusal to pay Ms Gibb the amount that had been agreed under the compromise agreement.  Ms Gibb had been the Chief Executive of Maidstone & Tunbridge Wells NHS Trust for 3 years when there was a serious outbreak of the superbug C. difficile at some of the hospitals under her management.  The outbreak resulted in a number of deaths and a large amount of negative publicity for the Trust

Constructive Unfair Dismissal

Back in February 2007, we featured the case of Abbey National Plc v Fairbrother to highlight the EAT’s decision that the “range of reasonable responses” test, usually applied in unfair dismissal, was also applicable when considering an employee’s decision to resign as a result of the handling of her grievance.  That decision has now been somewhat eroded by the EAT in the case of Bournemouth University Higher Education Corporation v Buckland.

Discrimination on the Grounds of Part Time Worker Status

In this case, Mrs Carl was a part time lecturer in the journalism department of the University of Sheffield.  She claimed that she was being treated less favourably than a full time colleague as the full time colleague was paid for preparation time but she was not. 

This month's cases in full

************

LEGISLATION

The government is pressing ahead with its plans for a “fit note” instead of a “sick note”.  Although the exact content of the note is now the subject of a 12 week consultation.  The Government has announced that the new fit notes will come into effect in Spring 2010.  The aim of the new fit notes is to keep people in work or to get those who take time off back to work sooner than at the moment. 

The ultimate aim is for employers to be advised of what the employee can do rather than merely receiving a statement that they are unfit for their current role.  The fit notes will probably be computer generated and the end model may well be a tick box format, but this is still very much up for debate.  We will keep you posted.

************

EVENTS

Discipline and grievance: the new Acas code

Discipline and grievance: the new Acas code is a short briefing which aims to help employers and line managers get to grips with the new Code. The session includes:

*Introduction to the Code
*Penalties for non-compliance
*What you need to do now!

The sessions take place at:

Eden Conference Barn, Kirkby Thore, Penrith, Cumbria. CA10 1XQ
Monday 15th June 2009
8am - 9.30am

Furness College, Barrow in Furness. LA14 2PJ
Tuesday 16th June 2009
9am – 10.30am

Lakes College, Workington. CA14 4JN
Friday 19th June
8am – 9.30am

The cost for either date is £35 plus VAT per delegate with breakfast included. 

To reserve your place, call / email Glenda Graham on 01228 552222 or complete and return this event booking form.

************

If you need advice regarding compromise agreements, or any other employment issue, please contact the employment team at Burnetts on 01228 552222.

June '09