http://www.springhouselaw.com/rss/blog/ This is an RSS (Really Simple Syndication) feed from Springhouse Solicitors - Blog. Our RSS feed allows you to stay up to date with our latest news. Mon, 24 Oct 2011 13:25:22 +0000 en Springhouse is expanding. We will shortly be opening new office facilities in Portsmouths 1000 Lakeside complex. http://www.springhouselaw.com/blog/springhouse-expands-to-portsmouth/ Mon, 24 Oct 2011 13:20:12 +0000 The government has confirmed that it will increase the qualifying period for unfair dismissal claims from one year to two years, as well as introduce fees for lodging claims in the employment tribunal http://www.springhouselaw.com/blog/increase-in-qualifying-period-for-unfair-dismissal-and-introduction-of-tribunal-fees/ Mon, 24 Oct 2011 13:25:22 +0000 It should be well known that discrimination claims can be brought against individuals as well as companies, and that financial liability is unlimited. However Tribunals have usually divided up compensation where both are employers and employees are liable. This usually meant that the company ended up paying more than the individual. http://www.springhouselaw.com/blog/individuals-liable-for-employers-discrimination-awards/ Sun, 23 Oct 2011 18:14:11 +0000 In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying that if they had not heard from him by 5 July 2006 they would conclude that you no longer wish to work for us and that you terminated your employment by your own volition. http://www.springhouselaw.com/blog/is-self-dismissal-possible/ Tue, 18 Oct 2011 19:21:34 +0000 When Hillside House, a residential care home for vulnerable adults was closed, and residents re-housed into their own homes, 12 of Hillsides former care workers brought Employment Tribunal claims for unfair dismissal and various salary related payments. http://www.springhouselaw.com/blog/residential-to-own-home-care-tupe-does-not-apply/ Tue, 18 Oct 2011 19:12:09 +0000 Child A, who was at the childrens home run by Sheffield City Council where social worker Mr Norouzi worked, was regularly offensive to him on racial grounds. She had told him to go back to his own country, stated that she would like to blow up Asia and all Asians, and mocked and mimicked his accent. http://www.springhouselaw.com/blog/children-s-home-liable-for-race-harassment-by-child/ Wed, 19 Oct 2011 14:14:23 +0000 St Gregorys Catholic Science College had banned boys from wearing their hair in cornrows, but not girls. http://www.springhouselaw.com/blog/ban-on-cornrows-race-but-not-sex-discrimination/ Tue, 18 Oct 2011 19:00:31 +0000 Ginny Harrison has been a solicitor for thirty years. She is a former Head of Employment Law at HM Revenue and Customs and previously at the Department for Transport and has had extensive experience across public service, including in Brussels. She has also been a partner in private practice in Hertfordshire. This included appearing as an advocate in civil, criminal and family courtsas well as the employment tribunal. http://www.springhouselaw.com/blog/ginny-harrison-joins-springhouse/ Fri, 10 Jun 2011 12:23:13 +0000 In Tribunal decisions heavily backed and publicised by the NUJ and Equity, an unpaid film extra and journalist have won claims for wages. http://www.springhouselaw.com/blog/film-extra-journalist-intern-wages-victories/ Mon, 06 Jun 2011 09:08:22 +0000 The High Court has decided that an email about an ex-employee, sent six years after he had left, and not given as a reference, could still give rise to a damages claim. http://www.springhouselaw.com/blog/damages-for-misleading-email-about-ex-employee/ Mon, 06 Jun 2011 10:03:10 +0000 An Employment Tribunal has recently backed JD Wetherspoons in dismissing an employee, Ms Preece, for posting negative Facebook comments about some customers. This was despite the customers having previously been abusive towards her. http://www.springhouselaw.com/blog/facebook-dismissal-fair/ Mon, 06 Jun 2011 10:05:29 +0000 Video evidence showed an employee signed off sick with a back injury clearing ice from his car, driving, carrying shopping and walking his dog. Using it to dismiss him proved a 50,000 mistake. http://www.springhouselaw.com/blog/use-of-surveillance-film-unfair-dismissal/ Mon, 06 Jun 2011 09:11:31 +0000 The Employment Appeal Tribunal has confirmed that it will be unlawful to dismiss an employee simply to make a business more attractive for a purchaser, even when no purchaser has been identified. http://www.springhouselaw.com/blog/getting-business-ready-for-sale-unfair-dismissal/ Wed, 13 Apr 2011 13:47:15 +0000 An Employment Tribunal has decided that an ex-BBC employees belief in the higher purpose of public service broadcasting (in promoting cultural interchange and social cohesion amongst other things) amounted to a philosophical belief, and deserved the protection of the Religion or Belief Regulations. http://www.springhouselaw.com/blog/belief-in-bbc-protected-by-discrimination-law/ Wed, 13 Apr 2011 13:49:11 +0000 Employment laws generally change at the beginning of October and April each year. Here is a summary of the radical changes for April 2011. http://www.springhouselaw.com/blog/april-2011-what-s-new/ Wed, 13 Apr 2011 13:34:31 +0000 Law firm Clyde and Co has recently been in the High Court to try to stop an ex-partner from bringing a claim of sex discrimination/pregnancy discrimination because she had agreed to an arbitration clause in her partnership agreement. http://www.springhouselaw.com/blog/arbitration-clause-cannot-stop-tribunal/ Wed, 13 Apr 2011 13:50:36 +0000 The High Court has held that, if an employee acted reasonably in failing to bring their equal pay claim in an Employment Tribunal within the strict 6 month time limit, they can potentially do so before a normal Civil Court, and take advantage of a 6 year time limit. http://www.springhouselaw.com/blog/equal-pay-time-limits-6m-up-to-6yrs/ Wed, 13 Apr 2011 13:37:43 +0000 Judith joins us from Bristol firm, Veale Wasbrough Vizards, with over 12 years experience as a solicitor. http://www.springhouselaw.com/blog/judith-rhule-joins-springhouse/ Tue, 08 Mar 2011 12:04:01 +0000 A Court has held that an employer may not be able to rely on a live final warning to dismiss an employee, even though the employee did not appeal against the warning at the time. http://www.springhouselaw.com/blog/when-is-a-final-warning-invalid/ Mon, 07 Mar 2011 18:53:21 +0000 Employees sending chain e-mails outside work should beware. A recent Tribunal decision means their employment may be jeopardised as a result. http://www.springhouselaw.com/blog/personal-email-dismissal-fair/ Mon, 07 Mar 2011 18:56:48 +0000 The Appeal Tribunal has confirmed that employees will transfer under TUPE in pre-pack administrations. http://www.springhouselaw.com/blog/pre-pack-administrations-tupe-applies/ Tue, 08 Mar 2011 12:32:30 +0000 A criminal court has found a small company guilty of corporate manslaughter in the first test case of the new offence. http://www.springhouselaw.com/blog/first-corporate-manslaughter-prosecution-succeeds/ Sat, 05 Mar 2011 12:11:32 +0000 A recent Tribunal decision in the aftermath of the Lehman Brothers collapse will ring alarm bells amongst IPs. For the first time they are potentially on the hook as individuals for the discrimination (and potentially other actions) of their companies in administration, even if they didnt know the discrimination was happening. http://www.springhouselaw.com/blog/insolvency-practitioners-discrimination-liability/ Sun, 06 Mar 2011 21:12:15 +0000 The Court of Appeal has decided that a (CAB) volunteer was not covered by the Disability Discrimination Act 1995. The applies equally to the scope of the Equality Act 2010, which has replaced it. http://www.springhouselaw.com/blog/volunteers-not-protected-by-discrimination-law/ Tue, 08 Mar 2011 12:18:49 +0000 The Government has confirmed that 5 April 2011will bethe last day on which an employer can givethe notice needed to lawfully force an employee to retire at 65without having the right to bring an age discrimination/unfairdismissal claim. http://www.springhouselaw.com/blog/compulsory-retirement-at-65-outlawed/ Mon, 07 Mar 2011 12:43:05 +0000 Here is a useful summary. http://www.springhouselaw.com/blog/employment-law-developments-in-2011/ Wed, 19 Jan 2011 13:16:21 +0000 It has always been possible for people who are not gay to bring sexual orientation discrimination claims. For instance, where a heterosexual is discriminated against because they have gay friends. The law can also cover instructions to discriminate against customers. For instance, an instruction not to lend cars to Asian customers has been held to amount to discrimination against a white employee. http://www.springhouselaw.com/blog/relaunching-pub-as-less-gay-discrimination/ Tue, 08 Mar 2011 12:59:21 +0000 Miriam OReillys Tribunal win against the BBC for direct age discrimination highlighted the ongoing debate about the perceived treatment of older women in television. http://www.springhouselaw.com/blog/why-bbc-countryfile-case-matters-to-you/ Tue, 08 Mar 2011 12:24:14 +0000 In a recent High Court decision, employee Dr Daniels brought a libel action against the BBC over an appraisal which referred to errors he had made, communication problems and failures to follow instructions. http://www.springhouselaw.com/blog/bbc-wins-defamatory-appraisal-claim/ Wed, 15 Dec 2010 13:02:18 +0000 Employers should not treat workers who have made a protected disclosure (otherwise known as whistleblowing) detrimentally. Financial liability for having done so is unlimited, and workers are protected from day one. http://www.springhouselaw.com/blog/grievances-extreme-whistleblowing-hazard/ Wed, 15 Dec 2010 13:05:02 +0000 I hear what youre saying, Ben shot back as he marched into his office, but the bottom line is at Springhouse we like to think outside the box. Well, he thought to himself, knitting his brows, it wasnt rocket science. But what should we do going forward? http://www.springhouselaw.com/blog/plain-english-day-at-springhouse/ Fri, 10 Dec 2010 10:51:33 +0000 A Tribunal has recently recognised that spiritualist beliefs, including the belief in psychic and paranormal powers, are protected by anti-discrimination legislation relating to religion and belief. http://www.springhouselaw.com/blog/psychic-beliefs-discrimination-protection/ Mon, 31 Jan 2011 21:16:46 +0000 A Britains Got Talent contestant has recently lost a disability discrimination claim against Simon Cowell and others, including producer FremantleMedia. It may not have been the victory they would have liked. http://www.springhouselaw.com/blog/simon-cowell-tribunal-raises-interesting-point/ Mon, 31 Jan 2011 21:13:14 +0000 We are always interested in Court of Appeal decisions. Other than the Supreme Court (which was the House of Lords) this is the highest court in the UK. As a general rule, employment claims will start in the Employment Tribunal and progress to the Employment Appeal Tribunal before getting to the Court of Appeal. Appeals can be made on points of law only, and not decisions about facts (e.g. he did threaten to sack me) unless the Tribunal got the facts seriously wrong. http://www.springhouselaw.com/blog/agency-worker-not-an-employee/ Tue, 30 Nov 2010 09:39:47 +0000 We are delighted to announce that Springhouse has been selected from thousands as one of the shortlist of five firms for the Corporate INTL 2010 Legal Award for Employment/Labour Law in the UK. http://www.springhouselaw.com/blog/legal-award-nomination-for-springhouse/ Wed, 17 Nov 2010 12:12:21 +0000 Would it be lawful or unlawful to dismiss an employee at the age of 49 simply to save a large pension bill of up to 1m accruing after their 50th birthday? On the face of it, this would amount to direct age discrimination. The reason - solely to save money. http://www.springhouselaw.com/blog/discrimination-to-save-money-potentially-lawful/ Mon, 31 Jan 2011 21:06:41 +0000 If you are considering making the senior person in a team redundant, to avoid a finding of unfair dismissal, read on. http://www.springhouselaw.com/blog/redundant-team-leader-remember-the-rest/ Mon, 31 Jan 2011 21:04:56 +0000 The date an employee actually reads a letter dismissing them will be the date their employment ends (provided they have not unreasonably ignored it). TheSupreme Court has just confirmed this beyond any doubt. http://www.springhouselaw.com/blog/do-not-send-dismissal-letters-in-the-post/ Mon, 31 Jan 2011 21:02:13 +0000 The new Equality Act 2010 came into force today, and with it some important new rules about discrimination. While best practice will remain broadly the same as before, and the act is meant to streamline the existing law, there are some important changes. These are important, because there is no limit on the penalties for discrimination. http://www.springhouselaw.com/blog/new-equality-act-5-essential-tips/ Fri, 01 Oct 2010 16:03:18 +0000 As of 1 October 2010, the minimum wage will be as follows: 5.93 per hour for workers aged 21 and over (currently 5.80) 4.92 for 18-20 year olds 3.64 for 16-17 year olds The (unenforceable) London living wage will rise to 7.85 http://www.springhouselaw.com/blog/new-minimum-wages/ Tue, 16 Nov 2010 10:46:58 +0000 Compass has dismissed an employee because they believed she had stolen 3,000. However, in their letter to her accusing her of this, they referred to the loss of 3,000. They were found guilty of unfair dismissal because they had not referred to theft in their letter. Here is the case. http://www.springhouselaw.com/blog/gross-misconduct-get-your-allegations-right/ Mon, 31 Jan 2011 20:58:27 +0000 Have you ever wondered whether the advice you are being given may be revealed to a court or your opponent? Particularly if this is from a non-qualified or in-house lawyer? http://www.springhouselaw.com/blog/you-may-have-to-reveal-your-legal-advice/ Wed, 22 Sep 2010 08:33:02 +0000 Employers hate the detailed information and consultation requirements which need to be followed when a business sale or purchase involves staff transferring under TUPE. This is usually because of the unsettling effect it can have on staff, particularly when the deal is unsigned, or the purchaser needs to make changes to the way they work. http://www.springhouselaw.com/blog/buying-or-selling-a-business-don-t-forget-consultation/ Mon, 31 Jan 2011 20:54:57 +0000 If so, the Equal Pay Act of 1970 (perhaps the oldest employment legislation on the books?), may mean you need to repay the difference over the preceding 6 years. http://www.springhouselaw.com/blog/do-you-pay-men-more-than-women-for-equal-work/ Mon, 31 Jan 2011 20:51:22 +0000 A recent decision of the European Court has been heralded as the end of salary sacrifice schemes. http://www.springhouselaw.com/blog/the-end-of-cycle-to-work-schemes-and-the-like/ Wed, 22 Sep 2010 08:36:38 +0000 No, unfortunately this is not a special offer from Springhouse (we are always good value!). http://www.springhouselaw.com/blog/employment-law-2-for-the-price-of-1/ Tue, 02 Nov 2010 12:36:37 +0000 With the end of the legal retirement age of 65 now on the horizon, employers are beginning to ask themselves When will I be able to ask my employees to retire? http://www.springhouselaw.com/blog/will-i-be-able-to-retire-my-employees/ Mon, 31 Jan 2011 16:41:30 +0000 Mr Wardle, 44, was employed by a French bank. He brought a claim of race discrimination, saying that he had been passed over for promotion because he was not French. After the bank received his claim, Mr Wardle was sacked on the spot. http://www.springhouselaw.com/blog/latest-enormous-city-compensation-award/ Mon, 31 Jan 2011 16:38:57 +0000