This year has been enormously busy and already Keat's 'Seasons of mist' are here! We're started right away with news that for some of you, holiday pay will increase following at ET case clarifying what should be taken into account. We also note a case where an EAT found that dismissal should not automatically follow an employer's decision of gross misconduct. Next, a worrying case where a company's database was taken to a competitor by a trusted 15 year service employee - read the extract from the Patents Court in our feature. We also report EAT advise on disability related sickness absence. Our Diary section, as ever, has key dates including our own FREE HR SURGERY; our Top Tip focuses on planning, while we hope out Through for the Day will focus us this season.
Holiday pay to increase for some employers
Do you currently include other payments such as shift & overtime pay in your holiday payments? Well, of not, read this, holiday pay is set to rise for some employers as an Employment Tribunal finds that workers should have shift & overtime payments included in their holiday pay. This is based on what actually they do, not what the contract sets out - read more here. Claims for back-pay may follow.
Is a finding of gross misconduct automatically a dismissal?
No, says an Employment Appeal Tribunal. In this case, an NHS Consultant was certified sick and benefiting from NHS sick pay, but continued to work for her private patients. Although the NHS Trust followed a gross misconduct discipline process that concluded in dismissal, the court identified an error and remitted the case for review ... read what went wrong here
Trusted employee takes company database to competitor
Yet another case of a trusted employee leaving a company, after 15 years service, with a whole database of confidential business, client, pricing and prospect information. This case was heard at the Patents County Court where the ex-employee claimed he had done nothing wrong and gave a number of reasons why his ex-employer's database was on a laptop given to him by his new employer! In this case, since the horse has bolted, the main work for this company is prevention from future theft ; but you have the opportunity to protect your company - how safe is your data?
EAT advises steps in disability related sickness absence
An Employment Appeal Tribunal has given clear advice in this case setting out a couple of direct actions to be taken by employers when dealing an employee's disability related sickness absence. Read this, make a note, and ensure the steps are in your process. Call us if you want our help.
Thought for the day
"Your present circumstances don't determine where you can go; they merely determine where you start." ~ Nido Qubein