News Archive

Holidays during sick leave - the latest

11th November 2011

The Employment Appeal Tribunal (EAT) in the case of Fraser v South West London St George's Mental Health Trust UKEAT/0456/10 have clarified unresolved issues in this long running saga.

Click here for more information.

Does your business use agency workers or temps, supplied by an employment agency?

30th September 2011

The Agency Worker Regulations (“AWR”) are due to come into force on 1 October 2011.

Click here for more information.

HR Matters - Fitter, Leaner..... (but not meaner)

2nd September 2011

Blue Sky Law teamed up with Greater Manchester Chamber of Commerce on 13th September to deliver an innovative breakfast seminar entitled “Fitter, Leaner, but not meaner” - focussing on the HR and employment law aspects of becoming leaner as a business - and ways to both avoid redundancies and also to deal fairly with them when they become necessary.

Click here to download our presentation.

Click here to download our flyer.

About Blue Sky Law

Lee Jefcott is Head of Employment at specialist law firm Blue Sky Law. He has over 10 years experience in advising business and individuals on employment law issues. He represents clients at Employment Tribunals throughout the UK.

Lee is often asked to comment in the media on employment law developments. He also writes for specialist publications such as Personnel Today and is a freelance lecturer at BPP Law School.

Can’t work...won’t work...but entitled to pay?

17th June 2011

Ash clouds, security situations, snow....(in June?)...

There seems to be an increasing number of impediments to attending at work these days. .... but if my employee genuinely can’t get to work do I have to pay him or her?

This issue was thrown sharply into focus in the recent case of Burns v Santander UK PLC. A bank branch manager was arrested and charged with 13 criminal offences. He was remanded in custody and his trial took place 6 months later. At trial he was convicted of 2 of the offences and acquitted of the remainder. He was given a suspended sentence, an order for unpaid work and a supervision order and released.

His employer did not terminate employment when he was remanded in prison. Instead they kept his job open but did not pay him. The employee later issued a legal claim for his wages.

The question of whether wages are legally due to an absent employee depends on an interpretation of the employment contract. For salaried employees the position if often not clear cut and a worker who is ready and willing to perform his contract but is unable to do so by reason of sickness, injury or other unavoidable impediment may, if the contract continues and subject to its terms, still be able to claim his wages thereunder.

In this case the Employment Appeal Tribunal grappled with the concept of “unavoidable impediment” and reached the view that being incarcerated in prison was NOT unavoidable and therefore wages were not due..... (Phew!). As with the Ash clouds, we expect that this situation has not gone away and is likely to come back at some point.....

Default Retirement age – the latest

4th April 2011

UK business is going to have to get to grips with major changes in the way that older employees are managed.....

Current age discrimination legislation states that any less favourable treatment of employees on the grounds of their age which cannot be justified is unlawful. There was a major concession to employers in that a termination of employment on the grounds of retirement at age 65 (or above) was lawful provided that certain notice requirements have been met and the employer has complied with its duty to consider any request made to work beyond normal retirement age. However, this position has now changed.

The current position

The current “default” retirement provisions have been removed. This means that employers who decide to “enforce” a retirement age, and terminate employment on the grounds of retirement will have to provide evidence of justification of such actions or face successful claims of age discrimination and unfair dismissal. This will be so even if organisations have an “accepted” retirement age and even if contracts of employment provide for retirement.