Many industries make use of training schemes to assist in gaining affordable employees; however at what point does the trainee gain employee status? The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (‘the Regulations’) set out that anyone employed under a succession of fixed-term contracts will become a permanent employee after four years “unless employment on a fixed term contract is objectively justified”.
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Monthly Archive December 2012
To dismiss or not to dismiss– guidance for accumulative warnings
It is common practice for disciplinary warnings to remain active in an employee’s personnel file for a period of 12 months. Any further warnings during this period may lead to the higher sanction of dismissal depending on the type of misconduct committed.
The question which arises for employers is how to deal with an employee who has an allegation of misconduct held against them in the light that they have had an earlier written warning. The Employment Appeals Tribunal (EAT) in Wincanton Group v Stone have provided guidance for tribunals dealing with this issue.
Read MoreEmployer versus trade union
In many industries the battle of wills between employers and trade union officials can become difficult to maintain. A question which frequently arises for employers is whether they can refuse to be dictated to about whom to employ without breaking trade union discrimination laws.
The EAT recently dealt with this issue in the case of Miller v Interserve Industrial Services Ltd.
Read MoreFacebook dismissal
Employers are finding it increasingly difficult to balance the freedom of expression of their employees through Facebook and the protection of their business reputation. This issue was dealt with by the recent High Court in Smith v Trafford Housing Trust.
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