Page 1

Welcome to the Stone King Employment Update for January 2014. This monthly enewsletter keeps you up to date with the latest news from the Employment sector and helps you find out about upcoming workshops and seminars!

This edition focuses on: • Employment Law – What is New for the Start of 2014 • Did you get paid enough this Christmas? • Employers should not rely solely on outsourced decisions as to whether an employee is disabled • School Caretaker Dismissal for historical unproven abuse allegations was unfair

Employment Law – What is New for the Start of 2014 A list of 2014 Legislative Changes and when they come into force. Read more

Did you get paid enough this Christmas? A salesman, Mr Lock, took a two week holiday over the Christmas period and only received basic pay from his employer to cover this festive break. Usually the salesman received both a basic salary and commission payments for any successful sales made. Given that Mr Lock, who was a British Gas Energy Sales Consultant, did not carry out any work over his holiday, he was not able to make any new sales or follow up on potential sales during that period. This meant the salesman was not able to generate commission during his festive annual leave (a period which often ties in with cold weather and high demand for energy products). Read more

Employers should not rely solely on outsourced decisions as to whether an employee is disabled The case of Nigel John Gallop v Newport City Council (2013) EWCA Civ 1583 provides further clarification on an employer’s duty in ascertaining whether an employee may or may not be suffering from a disability. Read more


School Caretaker Dismissal for historical unproven abuse allegations was unfair In the case of Z v A (and A v Z) 9 December 2013, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's (ET) decision, that a school caretaker dismissed for unproven allegations of historical sex abuse, was unfair. The school had been informed of allegations by the police. The police were investigating allegations, but at the time of the caretaker's dismissal, no criminal charges had been brought. The allegations of historical sex abuse related to before the school caretaker’s employment had commenced and were not concerned with any child at the school. Read more

Upcoming Events 24/01/2014 - Employment Seminar in London: Performance Related Pay – Are You Ready? 25/02/2014 - Employment Seminar in Bath: How to Hold Disciplinary and Grievance Hearings 28/02/2014 - Employment Seminar in London: How to Hold Disciplinary and Grievance Hearings Click here to see all our upcoming events

This publication is for guidance only. The law and practice referred to has been paraphrased or précised and should not be construed or relied upon as legal advice. If you would like to be removed from our mailing list, please click unsubscribe © Stone King LLP 2014

Employment%20update%20january%202014  

http://www.stoneking.co.uk/sites/default/files/literature/Employment%20Update%20January%202014.pdf