The Practical Lawyer

An NHS Trust was entitled to withhold payment under a compromise agreement because it had acted outside its powers in agreeing an ‘irrationally generous’ compensation payment.

The EAT has recently given more guidance on how ETs should deal with claims of harassment. Importantly, you apply an objective standard when deciding whether the conduct complained of had the ‘effect’ of violating the claimant’s dignity or creating an adverse environment.

As from 1 October, tips, service charges and gratuities processed through the payroll will not count when deciding whether an employee receives the national minimum wage.

To what extent can an employer rely upon a lapsed warning given to an employee?

What can an employee do if the employer wants to unilaterally change the terms of the employment contract? There are four possible responses:

Traditionally, the courts have taken a very robust approach to restrictive covenants. In particular, if the drafting of the covenant unfairly prevents an employee earning a living, the general practice has been to strike out that clause in its entirety.

The scope of sex discrimination has been extended. Previously, it only applied to sexual comments or conduct, etc aimed at the specific individual; now, it includes comments or conduct made in general (even if not directly aimed at the person affected).

Under the Flexible Working legislation, parents of children under six, or disabled children under 18, and carers of adults, are entitled to make a request for flexible working.

All female employees are entitled to 52 weeks’ maternity leave, regardless of length of service. The first 26 weeks will be ordinary maternity leave (OML), and the subsequent 26 weeks will be additional maternity leave (AML).

Many sales people are paid on commissions. But, if the customer defaults, the salesman may find that he has to refund all or part of his commission to the employer. What is important from the employer’s point of view is to ensure that the employment contract is clearly worded to cover that eventuality.