Employment and business law bulletin - July 2018

Providing managerial support may amount to reasonable adjustment

HSBC Bank employed Mr Watkins for over 40 years. The Bank was aware that he suffered from epilepsy. However, this did not interrupt his work with the Bank, as Watkins had been able to manage his condition with medication and a careful lifestyle. Around 2013, he began to experience night time seizures and by 2014, he had a daytime seizure. Shortly after the later episode, he remained absent from work on grounds of ill health for one year. 

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Misstating the value of a claim and problems it can cause

The claimant sued her previous solicitors for professional negligence. In law she had six years to bring – 31 March 2016. The claim form relating to this claim was received by the Court on 29 March 2016 but not issued until 7 April 2016. If the claim is taken to have been brought on the earlier date then it is in time. If it was brought on the later date, it is not and the defendant has a complete defence. This was the first question that the court had to consider.
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Dismissal close to two-year anniversary was unfair

An ET found that a small recruitment agency employing three office staff, unfairly summarily dismissed its recruitment manager, Ms Wileman. The two directors of the business decided to dismiss Wileman because, although they found her to be very competent and a positive contributor to the business, regrettably she had an offensive demeanour. This often resulted in frequent clashes between her and Mr Weaver (one of the director’s) where she would raise her voice and use unprofessional language to vocalise her point of view.

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Music and broadcast licences for your business

If you play or perform music in a public place (which is anywhere except a family or domestic gathering) you will usually need a licence, called TheMusicLicence, from PPL PRS Ltd.
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Pitfalls to avoid when disciplining staff

In a recently reported Employment Appeal Tribunal (EAT) case, Mr Murdoch was employed by British Airways (BA) as a member of its cabin crew. Due to the nature of his role BA required that employees should provide notification of criminal convictions to their line manager within 14 days of any such conviction.

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Health and Safety matters

On 28 February 2014, an employee of W E Rawson Limited, a textile company in Wakefield, became trapped between moving conveyors in a packaging machine whilst attempting to free a stuck package. He suffered severe injuries and later died.

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