Employment Bulletin September 2019

Stone King news for the Employment Sector

In this issue:

  1. Should bereavement leave rights be extended to the death of a pet?
  2. EAT reaffirms that when calculating an injury to feelings award, the effect of the conduct on the Claimant is the relevant consideration, rather than the gravity of the Respondents actions. (Komeng v Creative Support)
  3. When is the right time to consider ill-health early retirement?
  4. When can employees lawfully participate in industrial action and how can employers prevent it arising in the first place?
  5. Can employers deduct your pay for training?
  6. New Ofsted Education Inspection Framework- explanation of the inspection criteria relating to staff well-being and staff supervision within schools.
Should compassionate leave be allowed in cases of pet bereavement?

This question comes after a recent news story in Glasgow, where a young employee felt unable to work after the death of her family dog. The employee in question worked part time in a small business, meaning her employer required her to arrange cover for her shift or attend work herself, or face dismissal. Unable to find cover and feeling sick with grief, the employee did not attend her shift, resulting in her employment being terminated.

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EAT reaffirms that when calculating an injury to feelings award, the effect of the conduct on the Claimant is the relevant consideration, rather than the gravity of the Respondents actions. (Komeng v Creative Support)

The Employment Appeals Tribunal (‘EAT’) in the case of Komeng v Creative Support has reaffirmed that when making an injury to feelings award within the Vento bands, the relevant calculation is the effect of the conduct on the Claimant, rather than the gravity of the Respondents actions.

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When is the right time to consider ill-health early retirement?

In a the recent case of Mrs I (PO-21599), the Pension Ombudsman has upheld a complaint by a member of the Local Government Pension Scheme who was without pension provisions, directing the employer to make a back-dated payment of the contributions missed due to the employer’s “inaction”.

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When can employees lawfully participate in industrial action and how can employers prevent it arising in the first place?

Last month the Irish High Court granted Ryanair an injunction preventing a planned 48-hour strike by pilots based in Ireland, halting action from 180 members of the Irish Air Line Pilots Association (Ialpa), as the required processes were not followed.

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Can employers deduct your pay for training?

This question comes after a recent news story reporting that Costa Coffee employees at multiple stores claim they have had costs of £200 deducted from their pay for training, as well as other deductions. This poses an interesting question on when employers are able to make such deductions.

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New Ofsted Education Inspection Framework- explanation of the inspection criteria relating to staff well-being and staff supervision within schools.

The new Ofsted Education Inspection Framework came into force on the 2 September 2019 setting out how Ofsted will inspect maintained schools, academies, non-association independent schools, further education and skills provision and registered early years settings in England.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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