With World Mental Health Day on 10 October 2019, national law firm Stone King is getting behind the campaign to promote mental wellbeing in the workplace, both as an employer and an employment law expert.
Employment & HR for Charities
The 10th of October 2019 marks World Mental Health Day. In light of the increasing awareness around mental health, employers should be aware of the importance of staff wellbeing in the workplace and their legal obligations around this.
Stone King news for the Employment Sector
In this issue:
New Ofsted Education Inspection Framework - an 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.
Of particular note to employers and employees are the principles that apply to an Ofsted inspection relating to how schools consider staff well-being and on staff supervision within schools.
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.
- The law on Employers deductions from wages
Section 13 of the Employment Rights Act 1996 (‘ERA 1996’), provides that it is unlawful for an employer to make a deduction unless:
When can employees lawfully participate in industrial action and how can employers prevent it arising?
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. In contrast and on the same day, the British High Court ruled against Ryanair and decided that British pilots represented by the British Airline Pilots Association (Balpa) could continue their planned 48 hour strike as this action was lawful.
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”.
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 Respondent's 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.
- Vento Bands:
Vento Bands are the bands of compensation that Employment Tribunals can award for injury to feelings in discrimination cases. The current bands of compensation are:
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.
In this issue: