Employment Law E-Bulletin

Nov 07

QUICK LINK

Read this month's cases in detail

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IS BAD LANGUAGE GOOD FOR BUSINESS?

A recent study conducted by the University of East Anglia has found that swearing in the workplace can be good for stress and team building. However, before staff start turning the air blue, we would urge caution. In this bulletin we look at how a permissive approach to bad language could still spell trouble for employers.

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CASES

Belief that continued employment is illegal can be ‘some other substantial reason’

Earlier in the year we  reported on the case of Klusova v London Borough of Hounslow in which the EAT decided that Hounslow had not unfairly dismissed Ms Klusova when they failed to follow the Statutory Disciplinary and Dismissal Procedure (“SDDP”) but this decision has now been overturned by the Court of Appeal.

Age cases stayed to await the Heyday decision

The Johns v Solent SD Limited is another case which we reported upon earlier in the year but which has been overturned on appeal.

New evidence not allowed at appeal

The case of Todd t/a Hygia Professional Training v Mr Cutter should serve as a warning to all employers when investigating disciplinary allegations after Mr Cutter won his claim for unfair dismissal despite the fact that the EAT was presented with ‘very powerful evidence’ in support of the employer.

Unacceptable behaviour cannot be ignored simply because it can be excused by illness

In the case of Sinclair v Wandsworth Council the EAT has held that is wrong for Employment Tribunals not to look at the unacceptable conduct of an employee merely because the behaviour can be excused with reference to an underlying illness.

Read this month's cases in detail

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LEGISLATION

Government seeks to extend right to flexible working

In the Queen’s speech earlier this month the Government announced plans to extend the right to request flexible working yet again.

Since the right to request flexible working was introduced in 2003 it has been generally well received, with many employees choosing to request flexible working and the vast majority of employers granting the requests.

Employees say that flexible working allows them to better manage their work / life balance and this in turn creates benefits for employers who have a more productive and motivated workforce, with less staff turnover.

At present if an employee is the parent (or an adult responsible for the care) of a child under the age of six, or a disabled child under the age of 18 then they are entitled to request flexible working. Employees who care for adults are also entitled to make a request.

The Government’s new plan is to extend this right to employees who are responsible for older children. It is not yet clear what the upper age limit of the child will be for this right but employees will still only have a ‘right to request’ and no one will be automatically entitled to flexible working.

However, it is important that any extension to this right takes into account the impact that the change will have on businesses. Small and medium sized businesses in particular may struggle to cope with the increased administrative and organisational burden of increased flexible working. There is also a concern that the extension of the right to request flexible working will create further divisions between employees that have children and those who do not.

The Department for Business, Enterprise and Regulatory Reform has requested an independent review into the extension of the right which will address how best to implement the change and where to set the age limit. Following the results of the review a formal consultation will take place. This review is due to be completed by spring 2008 and we await the recommendations with interest.

For further information on the issues featured here or any other employment law issue contact Burnetts' employment law solicitors on 01228 552222

Nov 2007