MacRoberts Employment Law Seminar

Presentation included a look at Agency working. – a tripartite relationship often with no contract between worker and employer.

Where no written contract a tribunal requires to consider whether a contract has been implied.
Vulnerability of Agency Workers regulations will be introduced in 2011 that will mean agency workers should not have lesser terms and conditions rather than other employees.

Redundancy horror stories: Several examples were highlighted. Consultation is very important was the message, with correct procedures. Case of redundancy decision on grounds of work performance/ competence. Current performance has to be considered not historic. Take advice early even if case is clear cut.

Some simple steps to avoid losing tribunal claims.
1978 BHS v Miss Burchill. Put dear sunglasses through as cheaper ones. 1993 Sainsbury v Mr Hit. Goods in locker not paid for. Both employees deemed correctly dismissed. Mr Hit claimed that he had been framed by Bakery Manager. Case before tribunal applied “Burchill” test but Sainsburys had not considered movement of all employees. Reasonable and adequate investigation must take place in incidence of suspected misconduct. Goods found in locker is circumstantial evidence.

Court of Appeal has recently warned Employment Tribunals not to take microscope to Employer evidence overtolerance by employer, so as not to create confrontations, can lead to final straw sacking after tolerating the situation in the past.

Found out on Facebook.
Danger in microscope detail that some put on it. If on the web for everyone to see it is legitimate to do a search on potential employee. Most problems are with breaches of trust and confidence. Policies tend not to cover everything in this field. Up date internet usage policies. Define what is personal use. – eg lunch hour or after 5. Restrict sites accessed and restrict what can be said.

Staff need to be careful as to what they put on Facebook and rules need to be put in place including not posting messages that would bring the business into disrepute.

Rubbishing the business on Facebook should be covered in Employers Handbook by “cannot bring the business into disrepute”, in severe cases defamation.