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Employment Law E-BulletinMay 08QUICK LINK Following the recent teachers strike and the stoppages at the Grangemouth Refinery, we thought that it would be useful this month to review the law on industrial action. A recent decision of the Court of Appeal (CA) in the case of Dynamex Friction Limited v Amicus has shown that the fact that an employer may have organised or orchestrated a situation which results in an employee’s dismissal will not always be relevant when assessing whether that dismissal was unfair. The recent EAT case of Havering PCT v Ms Bidwell should be seen as a warning to all employers who are thinking of dismissing an employee who takes on a second job. The final two cases in this month’s bulletin concern instances of witness intimidation. In the case of Force One Utilities v Hatfield, the claimant was threatened by a witness for the respondent in the car park after he failed to accept a settlement offer. The witness made various comments threatening the claimant’s personal safety and then proceeded to block the car park exit so that the claimant could not leave. The claimant complained to the Employment Tribunal who eventually decided to strike out the respondent’s case. Thus, as a result of the behaviour of the witness, the respondent was not allowed to participate in the liability or remedies hearing. As part of the government’s decision to revise (and hopefully abolish) the Statutory Dismissal and Disciplinary Procedures, the government announced that it was looking to increase mediation and other dispute resolution avenues. As part of this, the government has announced that it intends to abolish the fixed periods for conciliation that have been imposed on ACAS since October 2004. The fixed conciliation periods meant that in cases which did not involve discrimination, ACAS could only assist the parties with settlement negotiations during the very limited period allotted to it. In light of the government’s announcement, ACAS has said that, from this month, it will exercise its discretion to conciliate beyond the fixed period. In effect, it has therefore decided to ignore the legislation limiting its involvement and to extend its services to all employers and employees in dispute right up to the moment of tribunal. This move is definitely to be welcomed and should be of assistance to both employee and employer alike. This free annual session for private landlords provides an update of the latest legal issues affecting property letting. This year's session will look at the laws affecting Houses of Multiple Occupation as well as dealing with problem tenants. Jan Carruthers from University of Cumbria will be talking about student lets. There is a choice of lunchtime (12.30pm - 2.30pm) or teatime session (4.30pm - 6.30pm). A light buffet will be served at both sessions. This practical full day course will give line managers the confidence, knowledge and skills to deal with difficult, but common employment issues before they get out of hand: Suitable for both new and experienced managers, this seminar takes place on 9th September, 2008 at The Castle Green Hotel, Kendal, Cumbria £95 plus VAT per delegate Places limited to 3 per organisation. Annual Employment Law Update - 4th November, 2008 The content for this popular annual event is yet to be confirmed, but we are now taking bookings! For more details on events or to make a booking, visit our events page April 2008 |
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