Managing employees/workers
In London Underground Ltd v Ferenc-Batchelor and Harding v London Underground Ltd, the EAT holds an "informal oral warning" - which was in fact confirmed in writing, continued to have effect for up to 12 months, formed part of the employee's disciplinary record and could be taken into account by management if a formal disciplinary process was instigated - in reality constituted a "formal warning", giving rise to the statutory right of the employee to be accompanied to the disciplinary hearings that resulted in that warning being given.
In Franks v Reuters Ltd and another, the Court of Appeal holds that in determining an individual's employment status, an employment tribunal should consider, not only any relevant documents, but also all the relevant evidence about the dynamics of the work relationship between the parties, and make clear and comprehensive findings of fact on this evidence.
Practical guidance on dealing with an employee who has committed or been charged with committing an offence, including the importance of investigation and a fair disciplinary procedure.
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In Dacas v Brook Street Bureau (UK) Ltd and another, the EAT holds that an employment tribunal erred in law when it found an agency worker not to be an employee of the agency during the course of an individual assignment, in circumstances where an application of the test of the two minimum requirements of the degree of control and mutuality of obligations pointed overwhelmingly towards the existence of a contract of employment.
In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.
HR and legal information and guidance relating to managing employees/workers.