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Employment Matters – January 2013

Welcome to the January 2013 edition

Hello again from Clarke Willmott LLP’s Employment team and welcome to another edition of Employment Matters.

In this issue we explore recent case law developments and a selection of employment law questions commonly asked by our clients.

For further information on any of the topics in this month’s Employment Matters, please contact a member of the Employment team.

As ever, we welcome your feedback and if you would like to see a particular area or topic featured in future issues, please let us know.

What’s on in 2013?

The Department for Business, Innovation and Skills has set out a timetable for the reforms due to occur in 2013 in its publication ‘Fifth Statement of New Regulations’.


What are your People Management New Year Resolutions for 2013?

We all start out the year with the best of intentions and ideas on putting in place best practice people management systems but sometimes there are just not enough hours in the day to get it all done no matter how much you want to.


Collective redundancy consultation

Redundancy has become an all too familiar word. The recession and economic downturn has hit everyone hard and has forced many businesses to make difficult decisions to cut costs. Previously if a business wanted to make 100 people or more redundant in one establishment they would have to carry out a consultation with staff who may be affected over a period of a minimum of 90 day. Many businesses were forced to make employees redundant as a result of cash flow problems. A protected consultation period could prove difficult in these circumstances as often a business needs rapid results. In response to this, the Government put forward a proposal to reduce the consultation period…


When is ‘redundancy’ a legitimate reason for dismissal?

Imagine your business is trying to make financial savings or needs to move to a different location. One of the employees who has been dismissed for reason of redundancy however, they allege that this is not the real reason for the dismissal and that actually the business has had previous concerns about conduct or capability. Would ‘redundancy’ still prove to be a fair reason for the dismissal in any proceedings for unfair dismissal brought against the business? This was exactly the question brought before the Employment Tribunal in the case of Fish v Glen Golf Club…


Striking the balance between work and religion

There have been many cases, both domestic and international, in which Courts and Tribunals have tried to strike a balance between the rights of employees to both practice in and demonstrate their religious beliefs and the needs of employers to limit this in the interests of their business. Whether wearing a veil, a crucifix or Sunday opening hours, such cases draw substantial public interest. The most recent of these cases has been upheld in the Employment Appeals Tribunal.


Pin down the termination date – termination of employment and payment in lieu of notice

Geys v Société Générale, London Branch [2012]

Raphael Geys was employed as Managing Director of European Fixed Income Sales, Financial Institutions at Société Générale, London Branch. Mr Geys employment at the Bank was terminated without notice. He was entitled to three months’ notice under his contract. The staff handbook also contained a payment in lieu of notice clause (PILON).


And finally…

Our thought for the month

“Genius is 1% inspiration and 99% perspiration. Accordingly a genius is often merely a talented person who has done all of his or her homework.”

Thomas Edison.