Blogs & Legal Tips

The recent case of O’Brien v Bolton St Catherine’s Academy provides a useful reminder of the procedural complexities surrounding the dismissal of an employee on long term sickness absence.

Hartley and others v King Edward VI College – the Supreme Court decided on Wednesday this week how to calculate the deduction from teachers’ salary for one day on strike …

Hartley and others v King Edward VI College – the Supreme Court decided on Wednesday this week how to calculate the deduction from teachers’ salary for one day on strike.

Mr Holmes, who is disabled, worked as a security guard and was dismissed as he was no longer capable of performing his role. The employer failed to obtain an up to date Occupational Health report about Mr Holmes’ ability to return to work following an operation so the court held the dismissal to be unfair. He was given an award for unfair dismissal.

A restrictive covenant in an employment contract which seeks to prevent employees working for a competitor or soliciting your clients, will only be enforceable if it is no wider than reasonably necessary to protect the legitimate interests of the business.

A contract does not need to be in writing and can be formed by a verbal agreement or implied from the conduct of the parties.

Last year the Home office announced the introduction of an immigration skills charge for companies wishing to employ migrant workers. It has been decided that this will come into force in April this year and from April a charge will be applied to all visa applications.

There are a number of reasons why making an offer a settlement is desirable, but the two main reasons are to protect your position in respect of your costs in any court proceedings, and in the hope that a settlement can be achieved, thereby avoiding the costs, time and stress of the proceedings.

It is only on termination of employment that a payment can be made in lieu of holiday. If any scheduled leave coincides with sickness, a worker can designate a different time to take the holiday.