Archive for June, 2010

Business Link for the chop | News | EN for Business.

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The Press Association: Men ‘less enthusiastic about work’. The findings of this research suggest that older workers are more productive.

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We have an employee who works part time and as a result she never works on a Monday. Do we have to pay her for Bank Holiday Monday’s?

In 2007 the employment appeal tribunal ruled that a part time employee will only be entitled to claim paid leave on a bank holiday if their full time counterparts would be paid on a Bank Holiday AND  if the part time worker would usually have worked on that particular Bank Holiday. So you can work out whether that would apply in your case. 

The potential problem was that by refusing to give part time workers the same benefit as full time workers the employer was discriminating against part time workers in breach of the regulations which protect them.

However, the court held that although the employee does suffer a detriment it is not because she works part-time but simply because she doesn’t work on Mondays. 

ELE members will find more information on their ELE web service account.

Warm regards


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Tories plan to move the unemployed to areas with more jobs – mirror.co.uk.

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If an employee doesn’t turn up to work and gives no explanation the employee is likely to be in fundamental breach of the employment contract because they have failed to provide their labour as required by the contract of employment.

However, tribunals expect employers to act reasonably in such circumstances and so it is necessary to make an effort to find out whether there is a good reason for the absence rather than simply firing the employee.  Get it wrong and it could be very costly!

In such cases an employee is effectively absent without leave so you could start by writing to the employee asking why they are not attending work. Give them a date by which their reply must be received and explain that they should either attend work or give a good reason for their absence otherwise you will treat it as a serious disciplinary matter and their job could be at risk.

Alternatively, you could treat their continued absence as a resignation but this is more risky.

ELE members: You will find the relevant letters and guides in the Absence Managers Toolkit on your webservice account.

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Some companies pay full pay during sickness absences and it is not unusual for them to include a clause that enables them to refuse to pay if the employee’s accident results from them engaging in dangerous sports outside of work or they may seek to claw back payments from 3rd party insurance settlements. It does seem harsh to dismiss an employee who has, perhaps through no fault of their own, been involved in an accident especially if the financial liability from the company’s perspective is only SSP; however I understand that it may also cause you difficulties in terms of covering her work during her absence.

In which case, if the employee is not suffering from a disability and if there is nothing in her contract to prevent you dismissing her now, and if there are no other factors at play which may amount to discrimination or unfair dismissal then you could let her go on grounds that she was unsuitable for the post because as you say, she is a new starter and would not ordinarily have unfair dismissal rights.  Please note that I have included a lot of ‘ifs’ in that answer so it would be advisable to get an employment lawyer to look at the particular facts of the case before you end her employment.

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Retirement age rise plan attacked by charities and unions | Money | The Guardian.

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