Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive April 2014

Bereavement Leave: Current Rights and Ongoing Fights

When an employee suffers a bereavement it is a serious and upsetting time for them and those around them and as such it is likely to leave the bereaved person requiring time away from work to deal with the fallout.

Under the Employment Rights Act 1996, employees currently have a statutory right to a ‘reasonable’ amount of time off following a death, however if they are refused such leave by an employer, they may have a claim to seek compensation.

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Whistleblowing: The Vigilante Syndrome

‘Whistleblowing’ claims, or to give them their technical name, claims for a detriment under section 47B of the Employment Rights Act 1996 following the making of a protected disclosure, are more common than you might think.

In the mainstream media, as with most things legal, the act of ‘blowing the whistle’ is somewhat romanticised and to a large degree exalted, and perhaps rightly so. When the term is mentioned in casual conversation, most people’s minds jump to Robert Redford in ‘All the President’s Men’, Al Pacino in ‘Serpico’, or more latterly Edward Snowden. In any event the term elicits an almost instantaneous and uniform reaction that the person blowing the whistle is a crusader, a vigilante of sorts who from in their view is looking out for the interests of others.

Given that this act is more common than the average person would expect, it follows then that there could be a right and wrong way of embarking on a single-minded mission to bring down ‘the powers that be’.

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Can drafting errors have any effect on the enforcement of restrictive covenants?

Whenever employees exit a business, one of the first things that crops up for both the employer and employee is the enforceability of restrictive covenants.

Usually my response is; providing that the restrictions are fair, reasonable and necessary in protecting the company business, they are likely to be deemed to be enforceable by a court. However, the question that frequently follows is how enforceable are ill-drafted restrictive covenants?

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Statutory Sick Pay: Reclamation Cessation

As of 6 April 2014 employers will no longer be able to claim back the last remaining subsidy for the Statutory Sick Pay (SSP) of employees.

When speaking to the average citizen about SSP over the years, the abiding belief has more or less always been that SSP is either partly or fully paid by the Government. Employers and Employment Lawyers of course know that this is simply not true and that the now defunct Percentage Threshold Scheme (PTS) only came into play when an employer’s liability for SSP in a certain month was more than 13% of its National Insurance contributions for the same period.

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