This decision has been placed on the EAT website in the last 24 hours.
Harlow v General HealthCare Group plc
(HHJ Peter Clark, 4/10/02)
The employer failed to respond to a formal grievance, on the grounds the employee was off sick and his wife had indicated that further communications from the employer were causing further stress. The employee argued this was a fundamental breach of contract, as had been found in Goold (Pearmark) Ltd v McConnel, entitling him to resign and claim constructive dismissal. The EAT upheld the employment tribunal's decision to reject this argument, stating that it was not unreasonable for an employer to wait until an employee returns to work from stress-related absence before dealing with a grievance.
Thursday, 28 November 2002
Monday, 25 November 2002
Flexible Working Regulations
The government has published the first draft of the Flexible Working (Procedural Requirements) Regulations 2002, made under the Employment Act 2002. They are intended to come into force on 6th April 2003.
As readers will know, the Employment Act 2002 gives employees with children under six a right to request flexible working. The employer is under no duty to accede - but must consider the request, hold a meeting with the employee if it intends to refuse, and put its reasons for refusal in writing.
The Regulations 'flesh out' the statutory framework. They provide:
• when an employer agrees to flexible working (known as a 'contract variation'), it must provide a written note of the contract variation agreed to and the date on which it is due to take effect;
• if the employer does not intend to accede to the contract variation, it must hold the meeting with the employee within 28 days of receiving the request;
• when a meeting is held, the result (and, if appropriate, reasons for refusal) must be given in writing within 14 days of the meeting;
• an employee has a right of appeal from an employer's refusal. The Regulations set out the procedure for appealing;
• the employee has the right to be accompanied at any meeting. Breach of this provision results in a compensation payment of up to two weeks' pay (limited to, currently, £250pw).
The Regulations can be seen at http://www.dti.gov.uk/er/flexdraftregs.pdf (Adobe Acrobat required).
As readers will know, the Employment Act 2002 gives employees with children under six a right to request flexible working. The employer is under no duty to accede - but must consider the request, hold a meeting with the employee if it intends to refuse, and put its reasons for refusal in writing.
The Regulations 'flesh out' the statutory framework. They provide:
• when an employer agrees to flexible working (known as a 'contract variation'), it must provide a written note of the contract variation agreed to and the date on which it is due to take effect;
• if the employer does not intend to accede to the contract variation, it must hold the meeting with the employee within 28 days of receiving the request;
• when a meeting is held, the result (and, if appropriate, reasons for refusal) must be given in writing within 14 days of the meeting;
• an employee has a right of appeal from an employer's refusal. The Regulations set out the procedure for appealing;
• the employee has the right to be accompanied at any meeting. Breach of this provision results in a compensation payment of up to two weeks' pay (limited to, currently, £250pw).
The Regulations can be seen at http://www.dti.gov.uk/er/flexdraftregs.pdf (Adobe Acrobat required).
Minimum Wage
The government has just introduced the National Minimum Wage (Enforcement Notices) Bill in the House of Lords.
It is designed to correct the anomaly, thrown up last year in the EAT's decision in Inland Revenue v Bebb Travel plc, that the Inland Revenue cannot issue minimum wage enforcement notices in respect of former (as contrasted with current) employees of a defaulting employer.
It will have retrospective effect, i.e. it can be used in respect of employees who left the employer's service before the Bill comes into force.
For a copy of the (very short) Bill, see http://www.publications.parliament.uk/pa/ld200203/ldbills/008/2003008.htm. For the DTI's press release, see http://213.38.88.195/coi/coipress.nsf/4eb388ccc4bff3e880256bf4003360fb/759f630d5e3b4ff980256c79005bcf14?OpenDocument
It is designed to correct the anomaly, thrown up last year in the EAT's decision in Inland Revenue v Bebb Travel plc, that the Inland Revenue cannot issue minimum wage enforcement notices in respect of former (as contrasted with current) employees of a defaulting employer.
It will have retrospective effect, i.e. it can be used in respect of employees who left the employer's service before the Bill comes into force.
For a copy of the (very short) Bill, see http://www.publications.parliament.uk/pa/ld200203/ldbills/008/2003008.htm. For the DTI's press release, see http://213.38.88.195/coi/coipress.nsf/4eb388ccc4bff3e880256bf4003360fb/759f630d5e3b4ff980256c79005bcf14?OpenDocument
Flexible Working Regulations
The government has published the first draft of the Flexible Working (Procedural Requirements) Regulations 2002, made under the Employment Act 2002. They are intended to come into force on 6th April 2003.
As readers will know, the Employment Act 2002 gives employees with children under six a right to request flexible working. The employer is under no duty to accede - but must consider the request, hold a meeting with the employee if it intends to refuse, and put its reasons for refusal in writing.
The Regulations 'flesh out' the statutory framework. They provide:
• when an employer agrees to flexible working (known as a 'contract variation'), it must provide a written note of the contract variation agreed to and the date on which it is due to take effect;
• if the employer does not intend to accede to the contract variation, it must hold the meeting with the employee within 28 days of receiving the request;
• when a meeting is held, the result (and, if appropriate, reasons for refusal) must be given in writing within 14 days of the meeting;
• an employee has a right of appeal from an employer's refusal. The Regulations set out the procedure for appealing;
• the employee has the right to be accompanied at any meeting. Breach of this provision results in a compensation payment of up to two weeks' pay (limited to, currently, £250pw).
The Regulations can be seen at http://www.dti.gov.uk/er/flexdraftregs.pdf (Adobe Acrobat required).
As readers will know, the Employment Act 2002 gives employees with children under six a right to request flexible working. The employer is under no duty to accede - but must consider the request, hold a meeting with the employee if it intends to refuse, and put its reasons for refusal in writing.
The Regulations 'flesh out' the statutory framework. They provide:
• when an employer agrees to flexible working (known as a 'contract variation'), it must provide a written note of the contract variation agreed to and the date on which it is due to take effect;
• if the employer does not intend to accede to the contract variation, it must hold the meeting with the employee within 28 days of receiving the request;
• when a meeting is held, the result (and, if appropriate, reasons for refusal) must be given in writing within 14 days of the meeting;
• an employee has a right of appeal from an employer's refusal. The Regulations set out the procedure for appealing;
• the employee has the right to be accompanied at any meeting. Breach of this provision results in a compensation payment of up to two weeks' pay (limited to, currently, £250pw).
The Regulations can be seen at http://www.dti.gov.uk/er/flexdraftregs.pdf (Adobe Acrobat required).
Friday, 15 November 2002
Tribunal Reform: Government Approval
The government has approved the recommendations of the Employment Tribunal Taskforce (chaired by Janet Gaymer), which reported on 29th July 2002.
ACAS and the Employment Tribunal Service will now undertake a study on how best to implement the proposals.
For a summary of the proposals, see my bulletin of 29/7/02 (reproduced below).
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