EAT overturns an Employment Tribunals decision that the dismissal of an employee was fair as he failed to provide evidence of his entitlement to work in the UK

In the case of Afzal v East London Pizza Ltd t/a Dominos Pizza, the Employment Appeal Tribunal overturned an Employment Tribunal’s decision that the dismissal of an employee was fair as he failed to provide evidence of his entitlement to work in the UK. In 2011, the employee married a EU national and obtained a time-limited right to work in the UK. This right expired on 12th August 2016. After that he had the right to apply for permanent residency, which allowed him to continue working in the UK The employee sent his manager an e-mail which he said contained…

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What is the legal position on bank holidays?

People are often surprised at the actual law regarding bank holidays in the UK. Here are some interesting things to note in this area. The UK normally has 8 bank holidays per year: New Year’s Day, Good Friday, Easter Monday, May Day, Spring Bank Holiday, Late Summer, Christmas Day and Boxing Day. There is no statutory right for employees to take bank holidays off work. The right to take time off on these days depends on the contract of employment and/or staff handbook. It is therefore important to ensure contracts and handbooks are drafted carefully to ensure the position…

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Acas publishes new guidance ahead of World Cup

Acas has published guidance for employers on how to manage employees throughout the course the World Cup, which takes place between 14 June -15 July 2018. The guidance advises employers on several issues they may face during the World Cup, including: Time off - Acas suggests employers offer flexible working options around this period. An employer could consider a more flexible working day, meaning employees may come in a little later or finish earlier, and then agree when this time can be made up. Employers should also acknowledge that in some cases it may be difficult for employees to book…

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How can HR professionals prevent reputational damage to a business?

Here is a list of preventative measures employers should consider: Social media policy It is important that employers implement a robust social media policy that sets out clear rules on social media use and reminds staff of the repercussions, such as disciplinary or dismissal if inappropriate comments are made on social media. Act quick Where an employee has made inappropriate comments about the company on social media, the employer should investigate and ensure the removal quickly to minimise any negative impact it may have on the business. Remind staff of their conduct outside the office…

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Can an employer encourage an employee to take annual leave during a temporary closure?

You may recall, KFC employees being asked to take annual leave during restaurant closures to cover the working time they have lost following chicken supply issues. Under the Working Time Regulations 1998, employers can ask their staff to take all or part of their statutory annual leave on certain dates. However, unless agreed otherwise, the length of required notice should be at least twice the period of leave workers are required to take.

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