That old law about ‘an eye for an eye’ leaves everybody blind. The time is always right to do the right thing.
Martin Luther King, Jr.
Martin Luther King, Jr.
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Top tips from an Employment Judge on Tribunals
1. Ensure your ET3 is professionally drafted. The ET1 and ET3 tend to be the only two documents a Judge currently looks like and they will take a view accordingly. A well-presented ET3 gives you the essential good start. An Employment Judge wants to easily understand the important issues and facts. If yours does that and the ET1 is rambling and …unclear then you have the upper hand.
Wheelers’ Support Farnham Rugby Club
Last Friday Wheelers entertained guests at Farnham Rugby Club’s annual Sportsman’s Lunch. This is an event that has grown to enjoy huge popularity among local businesses, who bring guests along to enjoy good food and drink and an entertaining speaker. This year’s speaker was Rugby legend Willie John McBride, who spoke with great humour and affection of his playing days with Ulster, Ireland and the Lions. He declared himself impressed with what has been achieved by Farnham Rugby Club in its short history and with the spirit and atmosphere the Club and event radiated.
The event is also an important fund-raiser for the Club and initial estimates put the balance raised for the Club on the day at about £40,000.00. Part of this came from an auction and it was amusing to see the purchaser of signed Harlequins rugby ball paying £500.00 and then using it for an impromptu game, on the Club’s notoriously muddy pitch!
Farnham Rugby Club is relatively young, having been founded in 1975, but it has grown to become the biggest sporting Club in Farnham, with a membership topping 1,000, including a large number of youngsters, aged from 6 upwards. That growth has seen the Club outgrow its primitive facilities in Wrecclesham and, after a 12 year battle, it will be moving to a new ground, boasting 4 pitches and a purpose-built clubhouse, for the start of next season. Wheelers have been associated with the Club for many years as sponsors and providers of free legal services! We believe the Club forms an important part of the local community and are proud to be associated with it.
For photos of the event please see : http://www.pitchero.com/clubs/farnham/photos/sportsmens-lunch-april-2012-260516.html
Another facebook related dismissal!
The Northern Ireland industrial tribunal has held that the dismissal of an employee for making vulgar comments about the promiscuity of a female colleague on his Facebook page was reasonable in the circumstances and was therefore fair.
Although the comments did not bring the employer’s reputation into serious disrepute, the harassment of a colleague was sufficiently serious on its own to justify the dismissal of the employee for gross misconduct. Furthermore, having made his comments public, the employee had no reasonable expectation of privacy for the purposes of Article 8 of the European Convention on Human Rights.
The decision adds to the emerging case law on misconduct dismissals involving social media. If you don’t have a social media/IT policy and would like one please contact sh@wheelerslaw.co.uk .
Disclaimer
Please note that the information and any commentary on the law contained in our articles are provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or the publisher.
The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a solicitor about your case or matter and not to rely on the information or comments on this site.
Hitting employees - are employers responsible?
Is the employer responsible when an employee hits another employee? Yes in one case and no in another decides the Court!
We are now accredited to the Law Society’s Conveyancing Quality Scheme.
Wheelers LLP have won accreditation to the Law Society’s Conveyancing Quality Scheme. The scheme was set up by the Law Society to provide a recognised quality standard for residential conveyancing practices and the achievement of membership shows that Wheelers has satisfied the Law Society’s membership criteria, based on the integrity of conveyancing staff, the firm’s good practice management standards and its adherence to prudent and efficient conveyancing procedures.
The Scheme has the support of the Council of Mortgage Lenders, the Land Registry, The Building Societies Association, The Legal Ombudsman and the Association of British Insurers and the Law Society believe it will create a trusted community in the conveyancing field that will deter fraud and drive up standards. Wheelers are proud to be a part of that community.
TUPE - which employees transfer?
In deliberating whether there has been a service provision change under Reg 3 (1) (b) of TUPE 2006, is it sufficient to say that employees will transfer if, simply, they “go with the work”?
Not so says the EAT in Eddie Stobart Ltd v Morman (Underhill P presiding).
Referring employees to the police
In Crawford v Suffolk Mental Health Partnership NHS Trust, the Court of Appeal has held that failures in a disciplinary process led to the unfair dismissal of two nurses accused of tying a patient to a chair. The case highlights that where a misconduct dismissal is likely to result in the loss of an individual’s future career in their chosen profession, the investigation, disciplinary process and appeal carried out by the employer must be particularly fair and thorough, and the evidence of misconduct particularly clear and cogent.
In a footnote to the main judgment, the Court provides some helpful guidance on the issues for employers to consider before suspending an employee, or reporting allegations of employee misconduct to the Police. The Court stresses that suspension should not be a knee-jerk reaction to allegations of misconduct; it should only be invoked if necessary after a careful consideration of all the circumstances of the case. Further, an employer should not refer allegations of misconduct by an employee to the Police without the most careful consideration and a genuine and reasonable belief that the allegations, if established, could be properly classed as criminal.
Disclaimer
Please note that the information and any commentary on the law contained in our articles are provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or the publisher.
The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a solicitor about your case or matter and not to rely on the information or comments on this site.
