Statutory Grievance Procedures
In the recent Employment Appeal Tribunal decision (Shergold v Fieldway Medical Centre), a resignation letter setting out general complaints about a practice manager at a GP surgery was held to amount to a grievance for the purposes of the statutory grievance procedure. It was not necessary to make it clear that the letter constituted a grievance. In terms of the statutory procedure, all that is required is that the employee sets out his or her complaint in writing.
In the case of Commotion Ltd V Rutty, an employee made a formal application to vary her hours after an informal request for flexible working was rejected. This was held to amount to a grievance under the statutory grievance procedure.
These cases highlight the wide interpretation that Tribunals are placing upon the new statutory grievance procedures, especially in light of the consequences for the employer at any subsequent Employment Tribunal proceedings of a failure to comply.
Age Discrimination
In our recent practical seminar presented by Caroline Carr and David Hoey, we summarised the main implications of the new law regarding age discrimination. Employers should actively audit their policies, practices and procedures and ensure that they are fully prepared for the legislation coming into force on 1 October 2006. For those with age based measures applying within the employment relationship and those with a retirement age of less than 65, urgent action should be taken to ensure you will comply with the legislation by 1 October 2006.
Working Time
The European Court of Justice in Robinson-Steele v RD Retail Services has outlawed ‘rolled-up’ holiday pay arrangements. The Court held that employers who pay workers holiday pay as part of their contractual hours and pay nothing during holiday periods are acting in breach of European law. However, where payments are “genuine, transparent and comprehensible”, such payments may be set off against a worker’s entitlement to payment during leave periods. Thus care needs to be taken if this issue is relevant in your business.
(Information posted in June 2006 and may not have been updated at time of reading).