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 July 2015

Samira Cakali Named as a UK Top Rated Solicitor

Samira Cakali is pleased to announce that she has recently been named as a UK Top Rated Solicitor. She has received this commendation thanks to the outstanding reviews written by her clients on VouchedFor.co.uk, the review website for professionals. 

Aside from being a ringing endorsement that she is among the most respected in the legal profession, Samira was featured in a guide to the UK’s Top Rated Professionals which was distributed in The Sunday Telegraph newspaper.   

Samira has expressed her joy at being labelled as the most renowned in her field: “Being selected as a Top Rated solicitor means a lot to me, because I’ve been selected as a result of the support from my clients. This demonstrates that I am achieving what I set out to achieve when I set the firm up– to provide excellent client care.”

Almost everyone will seek the services and advice of a solicitor at some point in their lives, but it can be difficult to know who to trust. Client reviews are a powerful resource when it comes to identifying the right person in the legal profession therefore Samira is delighted that her reviews are now easy to find on VouchedFor.co.uk. 

You can access all of her great client reviews on her VouchedFor profile: https://www.vouchedfor.co.uk/solicitor/leeds/10551-samira-cakali#

What is the definition of “working time”?

Regular readers may not be aware of a recent Opinion of Advocate General Bot (AG) in the case of Federación de Servicios Privados del sindicato Comisiones Obreras which may have an impact upon the definition of “working time” for the purposes of the Working Time Directive (2003/88/EC) (WTD). AG Bot has made a bold statement which may mean that peripatetic workers (those not assigned to a fixed workplace but who rather travel from their home to their first customer and vice versa) could potentially claim that this time spent travelling constitutes “working time”. 

All very good, but what does it mean?

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Company owner jailed after a 16-year-old apprentice was killed in his factory

Earlier this month, Huntley Mount Engineering Ltd was fined £150,000 after being found guilty of corporate manslaughter and failing to ensure the health, safety and welfare of its employees following the death of a 16-year-old apprentice, Cameron Minshull. The teenager sustained fatal injuries to his head and face after he became entangled in an industrial machine, just weeks into his new job. 

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How to Manage a Disciplinary Hearing

In the ideal world of employment, employee behaviour would be flawless, punctuality would be the norm, absences would be minimal, if not rare, and the standard of work would be exceptional. To the contrary, in the real world of employment, most employers will be aware that this is not always the case and, in some circumstances, issues may arise which force an employer to take disciplinary action. 

An essential point to note is that if an employer determines that there is a disciplinary issue at hand following a thorough investigation, it is key that the employer conducts a fair and well-prepared disciplinary hearing before any disciplinary action can lawfully be taken. This is not only representative of excellent HR practice but a way to ensure that employees are able to offer their point of view on the matter and be treated fairly. 

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The continued holiday pay saga: Voluntary overtime

Regular readers will be aware that the Bear Scotland case gave a sense of security to employers when the Employment Appeals Tribunal (EAT) ruled that non-guaranteed overtime (where the employer is not obliged to provide overtime but the employee is obliged to work it if asked) is required to be paid during annual leave as a form of “normal remuneration”. This impliedly left voluntary overtime (where both the employer and employee are equally not obliged to offer or work overtime if they do not wish to arrange such) out of the holiday pay calculation.

However, this sense of security has been short lived. The fact that the question on voluntary overtime was left unanswered has naturally enticed a future tribunal to include voluntary overtime in the calculation of holiday pay under the Working Time Directive (WTD). This was always going to happen and really it was just a matter of when. 

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