Employment news

Injury to feelings compensation payment taxable as termination payment

The Upper Tribunal (Tax Chamber) has held that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. The payment was made to settle all the taxpayer’s claims against the...

Businesses beware of the dangers of seeking or providing references

An Employment Appeal Tribunal (EAT) case highlights the dangers to employers and prospective employers when seeking and providing references. The EAT held that an employment tribunal erred in its approach when it found that a claimant had failed to establish...

Companies fined for health and safety offences

Two recent cases illustrate the large fines that can be imposed on businesses for health and safety breaches: A packaging company has pleaded guilty at Southwark Crown Court to breaching Section 2 of the Health and Safety at Work etc Act 1974. The company...

Instruction not to speak native language at work not race discrimination

Many businesses now have employees who do not speak English as their first language and who understandably wish to speak in their first language to other colleagues of the same nationality, or by telephone to family and friends while at work. However, this...

VAT no input tax recovery for fees to defend owner and sole director in criminal proceedings

Owner-managed businesses should be made aware of a recent First-tier Tribunal (Tax Chamber) VAT decision. The tribunal held that a company could not recover input tax on legal fees to defend its owner and sole director against criminal charges of false...

Working time for mobile workers with no fixed workplace

Companies wanting to exploit the current trend of moving from office-based businesses to more mobile ones will need to take a recent ECJ decision into consideration before changing their approach. The ECJ held that the time spent by workers, who do not have...

HR involvement in disciplinary investigations

Businesses will welcome helpful guidelines provided by the Employment Appeal Tribunal (EAT) on how much involvement and influence HR should have in disciplinary investigations. What is crucial is that HR limits advice to questions of law, procedure and...

Disciplinary investigations an employees choice of companion

Earlier this year, Acas amended its non-statutory guidance to make it clear that businesses can allow workers to be accompanied to a disciplinary hearing by companions who are not trade union representatives or work colleagues. It did not amend the Code as...

Discrimination in the workplace new equality and diversity guides

Acas has indicated that, in the last 12 months, it has dealt with over 50,000 calls to its helpline on discrimination and diversity issues in the workplace, which amounts to 5.5% of all calls. In response, it has published three new guides that aim to help...

Social media employee dismissed fairly after making derogatory comments about employer on Facebook

An Employment Appeal Tribunal (EAT) case provides a useful reminder to businesses of the importance of maintaining an effective social media policy, and to employees of the importance of exercising caution when posting online. The EAT held that it was fair...
  • Page 2 of 5