‘Office Banter’ isn’t always what it seems to be! Make sure it is not discriminatory or harassment, as if the person receiving the ‘banter’ or anyone else listening in are offended, then you may receive a claim! If in doubt cut it out and make sure everyone knows what is expected and what will happen if that doesn’t happen.
In a recent case company Tenon FM was unable to enforce Post Termination Restrictions on its former employee Ms Susan Cawley.
Cawley started employment with the company in 2008 and until her resignation in 2018, was awarded a number of promotions. At her time of leaving Cawley was an Operations Director.
Upon leaving it is alleged that Cawley attempted to persuade a former colleague to join her new employer, the alleged action led Tenon to seek an interim High Court injunction to enforce the post termination restrictions contained within her contract of employment.
Unable to produce a signed copy of the contract, Tenon failed to persuade the judge of the implied acceptance of contract (due to length of service).
“Deemed acceptance of contract” should always be followed up in writing but better still, issue contracts ahead of a start date and ask for a signed copy to be returned on the employees first day of work along with all other paperwork required by HR.
Advisors are often asked if an employer can take someone on for a “trial period” and then make a decision as to whether they issue a contract or not…
Generally, our stance is that the contracts afford the employer a host of benefits and provide expectations of the employee in writing. Not forgetting that under the Employment Rights Act (1996) you are obliged to provide written information in a Statement of Main Terms within 8 weeks of an employee’s start date.
It is advised that all employees have contracts for day one, a probation period is in effect the trial period that you are seeking….
For specific advice, please call your Advisor!
- Are your employees aware of what is required of them at the party eg. no fighting, drugs, damaging property etc? If not give them a memo to make sure they are! (Elcons can help with this)
- What happens if your employee misbehaves at a Christmas party and you have paid for them to drink copious amounts of alcohol? Not a lot as you have exacerbated the behaviour! Speak to Elcons to get some advice before preferably, but if it all goes wrong, definitely then!
- Do you have to look after your employees on their night out? Yes, you need to make sure they get home safely and are not treated detrimentally due to their sex, race etc as it is an ‘extension of the workplace’!
- Make sure your managers know that they shouldn’t agree to any pay rises, promotions etc while in the party swing as these may need to be agreed to in the cold light of day!
- What if your employees are abusive towards others during the party? You could discipline as it is an extension of the workplace, but it does depends on many factors. Give Elcons a ring for some free advice!
A shop cashier who was dismissed two days before a TUPE transfer to another organisation had her unfair dismissal claim upheld at the EAT after her employer appealed the original ruling.
London Central Employment Tribunal ruled in favour of a senior banker who claimed her job has been “marginalised” while she was on maternity leave. Jagruti Rajput was “strongly discouraged” from attending a quarterly meeting while on maternity leave and received no formal handover when she returned to work.
The EAT upheld a previous tribunal decision from July 2017 that a Royal Marines reservist who was fired by his employer for taking seven weeks of leave to attend a voluntary training exercise was not unfairly dismissed. The company was obliged to accept requests for time off for active service, but the employee had failed to clarify that the training exercise was not compulsory.
Overturning a previous decision by the high court, the Court of Appeal ruled that businesses can be held vicariously liable in some circumstances for the actions of their employees even if they take place outside the workplace – in this case, that a recruitment company was liable for the actions of its managing director, who punched an employee at a party outside office hours and left him brain damaged.
Funding has been secured by the Rail Safety and Standards Board (RSSB) from the Department of Work and Pensions to assist rail companies and their employees dealing with the challenges of mental health conditions.
The primary purpose of the pilot scheme, expected to run until February 2020, is to improve organisations confidence in supporting positive mental health and assisting those most at risk of loss of employment due to mental health conditions.
Although many employers utilise Occupational Health services, the direct recruitment of a mental health support specialist is a one step further approach. It will be interesting to review the impact of this as time goes on.
“I would like to take this opportunity to say thank you to Debra and David for their support over the last few years.
I have found Debra, David and the whole team to be incredibly dedicated, friendly, helpful and very professional, they always provide a 100% first class service.
I would highly recommend Elcons to any organisation and I am happy to say that we have signed for their services for another 3 years.
Once again well done to Debra, David and the whole team at Elcons”
Bruce Daniel Maloney, Operations Manager for P D Bannister Haulage Limited
A ‘letter giving notice’ is not always a resignation. In the case of East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeals Tribunal dismissed an appeal from the Trust and upheld an earlier employment tribunal decision that Ms Levy had been unfairly dismissed.Ms Levy had been offered a role at another department within the Trust and there gave a letter to her manager giving “one month’s notice”. When her job offer from the other department had been withdrawn, she attempted to withdraw her notice. This was refused and she brought a claim for unfair dismissal.It was held that Ms Levy’s notice could have been a notice of termination or a notice of intended transfer, and that an observer could reasonably conclude that she was not giving notice to terminate her employment but was rather advising her manager of her acceptance of the other role.