Employment Law E-Bulletin

April 2009

QUICK LINK

This month's cases in full

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REPETITIVE SHORT TERM ABSENCE

With the spread of swine flu, sickness absence is going to be a hot topic in the coming months.  Although employers should never try to press those with contagious illnesses like flu to come into work, the inconvenience of genuine sickness absence is not normally taken to heart. However, repetitive short term absences can put a considerable strain on staff and can have a significant impact on an employer’s business efficiency.  It is often more annoying and costly than long term sickness absence because the unexpected nature of such absences makes them more difficult to plan for. 

Read full article

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CASES

Environmentalism as Religion

This month has seen yet another interesting case dealing with the Employment Equality (Religion and Belief) Regulations 2003 (the Regulations). In the case of Nicholson v Grainger Plc, Mr Nicholson argued that his strength of feeling about the state of the environment amounted to a philosophical belief, which should enjoy protection under the Regulations.

Employee Negotiations

In Radecki v Kirklees Metropolitan Borough Council, Mr Radecki, a teacher, had been suspended by his employer on full pay. At a very early stage in the disciplinary process, Mr Radecki entered into negotiations with a view to a possible departure under a compromise agreement, rather than continuing with the disciplinary process.

This month's cases in full

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LEGISLATION

Other than the revocation of the Statutory Dismissal and Disciplinary Procedures and the Statutory Grievance Procedures, the Employment Act 2008 also introduced, on 6 April 2009, an extension of the Employment Tribunal’s ability to award compensation for financial loss in certain circumstances.

This change in the law means that, where an employer has subjected an employee to an unlawful deduction of wages or has failed to pay the required statutory redundancy payment, the Tribunal can now award an additional amount to compensate the employee for any financial loss which has been sustained as a result of the unlawful deduction or the non-payment of the redundancy pay.

This will need to be a quantifiable sum but is likely to mean that employees can claim interest on unpaid sums but also may try to recoup penalties and bank charges which are imposed on them as a result of having, for example, exceeded their overdraft limit by not receiving their wages in full as expected. 

Although the change will have no direct impact upon most employers, it is another reason for employers to be cautious when calculating redundancy payments (our redundancy calculator should assist with this) but is also another factor to bear in mind when considering deducting any sums from an individual’s wages.

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EVENTS

Employment Law for Line Managers

This very popular course is being repeated due to continuous demand and now includes the new Acas Code of Practice.

Employment Law for Line Managers will help line managers and supervisors to properly handle everyday problems like:

• personality clashes
• worker under-performance and disciplinary action
• petty complaints and grievances
• handling investigations

9.30am - 4.30pm
Wednesday 20th May
Dovenby Hall, Cockermouth
£95 plus VAT (lunch included)

To reserve your place, call / email Glenda Graham on 01228 552222 or complete and return the booking form at forthcoming seminars

THIS COURSE FOR FREE!

Under the North West Leadership & Management Programme being run by Business Link, you or your managers could enjoy this course for free.

To find out more, email Angela Huck who will make the necessary introductions to a Business Link adviser.

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If you need advice regarding repetitive short term absence, or any other employment issue, please contact the employment team at Burnetts on 01228 552222.

April '09