[vc_section][vc_row][vc_column][vc_custom_heading text=”Welcome to the Canter Levin & Berg Employment Solutions Blog” font_container=”tag:h2|font_size:32|text_align:left|color:%23005695|line_height:1″ google_fonts=”font_family:Roboto%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C500%2C500italic%2C700%2C700italic%2C900%2C900italic|font_style:300%20light%20regular%3A300%3Anormal” css=”.vc_custom_1569268102137{padding-top: 20px !important;padding-right: 10px !important;padding-bottom: 20px !important;padding-left: 10px !important;background-color: #eeeeee !important;}”][/vc_column][/vc_row][vc_row][vc_column]

What is a reasonable period to ‘lay off’ your employees?

One of the most important and often useful clauses within a contract of employment for employers in any trade is the ‘lay off/short-time working clause’. For those that are not aware, such a clause would usually entitle an employer who suffers a downturn in the work available, to either reduce the hours of the affected…

Read more

Exclusion from voluntary redundancy of director aged over 50 was discriminatory

Mr Donkor was born in 1960 and started his employment with the Royal Bank of Scotland in 1978. He worked through the ranks and, from 2003, was employed as a regional director in retail banking. In 2012 there was a bank restructure which effectively meant that all existing regional directors would have to go through…

Read more

Is an instruction to speak English discriminatory?

In recent years there has been a much-increased tendency for foreign workers and non-nationals to gravitate to particular types of work and workplaces. Admittedly limited analysis suggests that migrants from the European Union tended initially mainly to take factory jobs, seasonal farm work and cleaning jobs. More recently there has been a notable diversification into…

Read more

Balancing sickness absence and disability issues

Ever since the enactment of the Disability Discrimination Act 1995, now subsumed within the Equality Act 2010, there has been an uncomfortable overlap between dealing with ill-health incapacity as a potentially fair reason for dismissal and dealing with protection from disability discrimination. For example, the same facts might justify a fair termination of employment in…

Read more

Online assessments and discrimination

There is an increasing tendency for employers to use online services in order to carry out HR related functions, including assessments, job interviews and appraisals. This can be daunting even for the most confident and well-equipped candidates and employees. I have recently witnessed such a process in action, with an international employer using an American…

Read more

Summary dismissal following disclosure of confidential information

It is generally (and sensibly) thought that summary dismissal without notice should only occur in the most clear cut cases. In Farnan v Sunderland Athletic Football Club Limited the High Court considered the circumstances in which such action might be considered appropriate, as well as shedding light on the somewhat unappealing aspects of the football…

Read more

Defending an unfair dismissal claim which could have settled

News has emerged of a very costly outcome for the BBC following its failure to defend an unfair dismissal claim brought by former chief technology officer, John Linwood. Mr Linwood was dismissed in 2013 following the disastrous failure of the Corporation’s Digital Media Initiative. Launched in 2008 it was intended to modernise production and output…

Read more

Dismissal based on sickness absence can be complicated

In Monmouthshire County Council -v- Harris the Employment Appeal Tribunal was asked to review a finding in the Cardiff Employment Tribunal that Mrs Harris was unfairly dismissed and that the dismissal was an act of disability discrimination. At a remedy hearing in September 2014 she was awarded £238,216.37. The Employment Appeal Tribunal proceeded on the basis…

Read more

How hard do we work?

I imagine that, if asked, many people in employment would say that they work very hard. Controversially, at the recent Conservative Party Conference, Health Secretary Jeremy Hunt, suggested benefits cuts would make people “work hard” by strengthening the nation’s work ethic. He said: My wife is Chinese, and if we want this to be one…

Read more
[/vc_column][/vc_row][/vc_section]