When a firm makes more than 20 or 100 people redundant such as through closing down a factory site, very special rules apply as to an employer’s obligations to its workforce. Failure on the Employer’s part such as when closures occur out of the blue and almost overnight can lead to employees being able to make a claim even if the company has gone into administration or liquidation and the company no longer exists. Most typically the claim is for what is known as a Protective Award.
Christmas is almost upon us…as are the much awaited office Christmas parties. Whilst no one wants to be the office scrooge and detract away from the positivity of such an event, employers should be aware of their potential liabilities.
The Supreme Court ruled yesterday that a woman trapped in a ‘loveless marriage’ must stay married to her husband because he will not divorce her.
The government has been urged to investigate the practice by many employers of forcing employees to repay training costs when they leave employment. In some cases such costs have run into several thousand pounds.
A typical scenario may be where an employee accused of misconduct claims that they were not ‘thinking straight’ or indeed that their behaviour was ‘out of character’, caused by stress or issues with mental health.
The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
When you are appointed as attorney the question will sometimes arise about gifts and whether they can be made on behalf of the person who lacks capacity. The authority of an attorney to make gifts is laid out on s.12 of the Mental Capacity Act 2005. In short the authority to make gifts is limited to customary occasions for those connected with that person or to a charity, all the while being a reasonable size when looking at what assets that person has and what they would usually gift.
The decision of whether or not to suspend an employee suspected of misconduct can be a difficult one for many employers. If an employer suspects an employee of serious misconduct, suspension may be an appropriate step to take but only in circumstances where the employee’s presence at work would either (a) jeopardise the fairness of the ensuing investigation or (b) where their presence could pose a potential threat to the business or other employees.
Anxiety, depression and stress are now the leading cause of sickness absence in the UK and an estimated 70 million working days are lost every year because of mental health. This makes mental wellbeing a central concern for all workers and their employers.
The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
Maternity Action have released a report on how women are being unfairly dismissed while on maternity leave, returning from work and even during pregnancy.
The extent of financial abuse within families is more of a problem than may necessarily be known.
Linder Myers is proud to feature in the Legal 500 legal directory. Each year the Legal 500 directory undertake an independent, full and comprehensive analysis of law firms across the United Kingdom in order to assess the best law firms across the country and by region.
A bond is an insurance policy put in place to protect the person whom the deputyship is for.
Once you have been appointed as deputy by the Court of Protection, as part of the Court overseeing the deputyship they may ask one of the Court of Protection visitors to meet with you for an assurance visit.
What happens if, during an employee’s absence on maternity leave, an employer discovers that an employee had not been doing the work they should have been doing or, alternatively, finds that their maternity cover replacement is much better at the job?
Specifically the Court looked at whether the provisions were valid or not. If the OPG is unsure about a certain provision included in a Lasting Power of Attorney they can make an application to Court to ask a Judge to make a ruling.
It is a practice of many employers to suspend employees who they suspect have committed an act of gross or serious misconduct.
However, many employers are unaware that by suspending an employee they may be exposing themselves to claims for constructive unfair dismissal.
For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.
Holiday pay legislation is a hot topic for many and as businesses and workers start planning leave for the summer holidays, it is essential to know the basics of holiday rights in employment.
Here are 10 key facts which you should know.
A hot topic within the employment sector is the question of whether ‘sleeping time’ should be classed as ‘working time’ for the purpose of National Minimum Wage Regulations (NMWR).
The aim of this deliberation is to determine whether employees should be paid for hours spent sleeping whilst technically being ‘at work’. Many would declare that their dream job would be getting paid to sleep, but is there a valid argument to support this?
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