Is a scanned version of a signed settlement agreement acceptable, and does the employee need to sign the agreement in the presence of their legal adviser?

In a world where it is apparent that more things are becoming digitised, the question arises as to whether or not an original copy of a signed settlement agreement needs to be provided? It is arguable that if one party involved in a dispute were to contend that a settlement agreement was never agreed or signed, they might find it easier to succeed in court if there is no evidence of a ‘wet ink manuscript’ or a handwritten signed settlement agreement. However, when considering a scenario in which the claimant’s original document is lost, this would not prevent the claim…

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Workplace Nicknames – When can they be a step too far?

  Though workplace nicknames can indicate a relaxed and lively workplace, they can also be taken too far if they relate to a protected characteristic. Employers should note that “it was only banter” is no defence. Frequently tribunals have rejected the view that a harassment claim can be defended on the basis that the comments were “only banter”. This is because one person’s humour can seem like an offensive and degrading comment to another person. The intention of the alleged offender does not matter. See below the examples of workplace nicknames that have resulted in discrimination claims against employers.  …

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“Pulling a Sickie” can be grounds for fair misconduct dismissal

In the recent case of Metroline West v Ajaj, the Employment Appeal Tribunal (EAT) held that if a situation arises whereby an employee makes up, or exaggerates the effect of an illness or injury, by “pulling a sickie”, it can be construed as a fundamental breach of contract leading to dismissal for misconduct. In this case, a bus driver, Mr Ajaj, was granted sick leave after suffering from an injury when he slipped in the toilets at work. The employer obtained an occupational health report which stated that Mr Ajaj was not fit for driving duties. However, following concerns about…

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2016 Budget confirms shared grandparental leave proposals to be published in May

  In May 2016 there will be a first consultation on the expansion of shared parental leave to grandparents Last year shared parental leave was introduced for parents of babies due on or after 5 April 2015. This allowed for mothers to cut short their maternity leave allowing their partner to share their leave. The right to shared parental leave, under current legislation, is limited to the mother’s partner. Generally, this will be the father of the child, or the mother’s partner if there is an enduring family relationship. Currently other relatives, including grandparents, are specifically excluded from shared parental leave…

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Vicarious Liability – The Supreme Court Judgement

    What type of relationship must exist between an individual and a Defendant before the Defendant can be made vicariously liable in tort for the conduct of that individual? And what is the connection between that relationship and the wrongdoer's act or default, such as to make the Defendant legally responsible to the claimant for the consequences of the wrongdoer's conduct? Two important Supreme Court judgments concerning vicarious liability were handed down earlier this month. In the case of Cox v Ministry of Justice [2016] UKSC 10, Mrs Cox, was working as a catering manager at Swansea Prison, when…

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