Posts

chaos

The compromised compromise

Regulation, it’s great.  It keeps us lawyers in jobs! Government incompetence, contradictory drafting, that’s what we love. And Compromise Agreements have it all.  They’re so complex academic lawyers run whole courses just on, well, Compromise Agreements. And now they are even more problematic.  Thanks to the Equality Act 2010, that revolutionary statute that has made [keep reading...]

mythical

The mythical cost of employment disputes

It’s been one of the mantras of the Con-Dems – or at least the Cons part of the Con-Dems – that Employers are daily ripped off by the avarice of Claimants and lawyers. Whilst not dismissing the cost to Employers of exploitative claims, the tabloid version of Employment disputes is a myth. Infact, it’s more [keep reading...]

theft

When theft isn’t really theft

When is summary dismissal fair? When can The Boss walk into your office and announce, in true Sugar-style: YOU’RE FIRED! Theft. Surely, if an employee has committed theft, that’s that, your out, gone, sacked, dismissed. I’ve previously written about the vexed issue of investigation by an employer in theft cases . On that point my [keep reading...]

taxi

The regulatory bullies

Taxi drivers are a much maligned bunch.  A recent article in Luton on Sunday seemed to imply that all taxi drivers in the Luton Borough were unreformed villains. There is much misinformation peddled about taxi drivers. For instance, the standard of fitness required to obtain a licence is considerably higher than that required to become [keep reading...]

mediation

Why the truth about Mediation needs a mediator

A few months ago mediation was hot a topic. The big guns in the Ministry of Justice (MoJ) were spinning it with relentless commitment. At a self-congratulatory award ceremony, Jonathan Djanogly spoke in quasi-religious language about how litigants should turn to the road of moral virtue – in other words, save the MoJ money – [keep reading...]

reasonable_belief

What constitutes “reasonable belief”?

Until recently, the question of “reasonable belief” was balanced heavily in favour of employers. It meant that even if an employer’s “reasonable belief” turned out later not to be reasonable at all, the employer would get away with a dismissal. This legal principle went back to the judgement in the case of St Anne’s Board [keep reading...]

iStock_000004406823XSmall_thumb

DOA or DRA?

How old do you have to be before your boss can legally require your retirement? With the new regulations which came into effect on 6th April 2011, the answer is – there is no one answer. The concept of a DRA – Default Retirement Age – was introduced as recently as 2006.  Before then there [keep reading...]

thumbnail_thumb

Quarks or QWCS?

The legal landscape is fast approaching the Big Bang.  From 6th October 2011, the supply of legal services will no longer be restricted to solicitors. However, yet another explosive change is coming – the Jackson proposals on Civil Costs. In short, Qualified One Way Costs Shifting, amongst other matters.  Which means? Someone sues your company.  [keep reading...]

replace_homeless-and-pregnant21083823_thumb

Sex discrimination – employment agencies and pregnancy

The conflict between the bottom-line and humanity is a constant in the world of business.  Money polarises attitudes. People in business, either bosses or the minions of bosses, often justify their actions to themselves, even when to the rest of world it’s obvious their actions can  not be justified. Employees are frequently powerless.  Or, to [keep reading...]