A revised version of the ACAS Code of Practice on Disciplinary and Grievance Procedures took effect on 11 March 2015, after having been approved by Parliament.
The Financial Conduct Authority has announced that a new senior manager and certification regime will be put in place as of 7 March 2016. This follows the publication of FCA and PRA consultation papers in July and December 2014.
The European Banking Authority published a consultation paper on 4 March 2015 regarding draft guidelines on remuneration policies under CRD IV, as well as disclosures under the Capital Requirements Regulation.
Two recent cases relate to employers’ investigations into misconduct by their employees.
A bonus scheme which related to levels of sickness absence has been found to be discriminatory against disabled employees.
This month has seen the release of statistics as to the number of claims issued in Employment Tribunals, as well as data on the use of the fee remission process. Meanwhile, the statutory caps on compensation have increased and fees for issuing civil claims have risen significantly.
Employer’s reasonable efforts found to be sufficient to avoid having constructive knowledge of a disability
An employer’s reasonable, though not perfect, efforts to discern whether an employee’s numerous sickness absences were caused by disability have been found to be sufficient to prevent it having constructive knowledge of her disability.
A school’s decision to change a teacher’s working patterns from three days per week to five days per week has been found to amount to a repudiatory breach of the teacher’s contract of employment entitling her to resign and claim constructive dismissal.. Whilst the contract stated that working hours may be ‘subject to change’, this did not give the school the ability to make such changes without the teacher’s agreement.
Whilst the general rule is that changes to the terms of a contract of employment must be agreed, it is possible to make unilateral changes if an employer has the express contractual right to do so. Two cases this month emphasise how clearly this right needs to be expressed to be effective.
A worsening of benefits that were dependent upon length of service did have a worse impact on older workers, but in this case the changes were lawful because they were necessary.