Posts Tagged employment law solicitors

Is Employment Law Getting Too Much?

Posted by admin in employment law, raleys solicitors on March 17, 2010

A report released yesterday by the British Chamber of Commerce (BCC) revealed that many UK employers are worried about what some deem to be excessive employment laws which are putting too much pressure on employers.

The report claims that the ‘relentless flow’ of complex employment law is risking job creation and reducing competition in the UK and the EU. Recent alterations to UK employment law have come from EU legislation which critics argue is based on the needs of workers in other labour markets which do not reflect the UK labour market.

The BCC report suggests that there is increasing agreement from employers that basic workplace common sense protection has been usurped by draconian regulations and unreasonable health and safety restrictions. Many employers also reportedly believe that UK employment law is more and more biased towards the employee.

According to the BCC, the biggest sticking points with evolving UK employment law are the fact that employees are entitled to make a claim against their employer without taking legal advice to check the validity of their claim. It would be better, argues the BCC, if employees were obliged to take legal advice or consult ACAS before taking any formal action.

Other problems cited by the BCC include widespread dissatisfaction amongst employers who are forced to ensure the safety of eomployees who work remotely from home in the same way they do for employees worknig on their premisis. Many believe employers should be responsible only for equipment supplied by them.

According to press stories, it is the BCC’s belief that these ‘burdomesome’ rules and regulations are inappropriate to the UK job market and will have a detrimental effect on attempts to lower unemployment rates.

We’d be very interested to find out what you think. Why not read the original story here.

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Is Workplace Bullying Endemic?

Posted by admin in employment law, raleys solicitors on March 9, 2010

In the press at the moment, the topic of workplace bullying is inescapable, especially since it was alleged that bullying even took place at No. 10. So what’s workplace bullying all about? What is an isn’t legal? And don’t bosses have a right to, well, boss?

Of course, bosses have a right to boss and some bosses will be bossier than others. There is a great difference between a bully and a boss who is simply frustrated about problems in the workplace, inefficiency or poor performance.

A bully is a person who assumes power over somebody else and systematically goes about damaging their confidence or self-esteem. Although bullying connotes the playground and school children, in the workplace it takes on many forms.

ACAS (the Advisory, Conciliation and Arbitration Service) suggests that workplace bullying often takes the form of one individual bullying another using such techniques as spreading rumours, ridiculing or setting unrealistic deadlines. However ACAS is also careful to point out that whole groups may be involved in bullying and that it need not take only verbal form: other examples include bullying by e-mail or telephone.

The problem with workplace bullying as opposed to simply a bossy boss is that it can cause acute anxiety in its victims, often leading to absence from work and even resignation.

Legally, the employer has a duty of care to protect it’s employees and if this is broken and bullying (rather than simply bossing and normal work pressures) takes place then an employee can resign and claim for constructive dismissal. This simply means that they have been forced out of work on the grounds of unreasonable behaviour. However, this is only the case if an employee has been in their role for a minimum of 12 months.

Either way, employment law is intricate and complex and we recommend discussing your case with an employment law solicitor before taking action to make sure you do indeed have a case for the employment law tribunal.

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Proposed Employment Law Changes May Alter Maternity Leave

Posted by admin in employment law, raleys, raleys solicitors on March 1, 2010

UK employment law might soon change to incorporate Europe-wide alterations to maternity leave entitlement. New proposals currently being discussed in the EU parliament, which will be heard officially in early March, suggest that expectant mothers should be allowed 20 weeks’ maternity leave on full pay.

This entitlement compares favourably in comparison to current employment law which allows new mothers 6 weeks’ with 90% pay followed by a further 33 weeks on just £123 each week.

However, critics claim the move isn’t necessarily the wonderful, generous idea it first seems. The new legislation, if approved, would represent a massive increase in maternity payment and it is estimated it could cost the UK as much as £2 billion.

Furthermore, there have been some concerns that small businesses finding themselves obliged to contribute to such generous maternity leave payments may possibly result in a reluctance to employ women of child bearing age. This could lead many women to feel they have been the victims of discrimination. We suggest consulting an employment law solicitor in such cases.

What do you think?

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