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February 2014 Employment Law Newsletter

07-02-2014

If you would like to discuss any employment issues please contact Julie Taylor on 01635 508181

1.    EMPLOYMENT UPDATE: Increases to compensation limits

Details of the new limits on employment tribunal awards have been published:

 2.    EMPLOYMENT UPDATE: flexible working

The right to request flexible working will be extended to all employees with 26 weeks’ service with effect from 30 June 2014. The current provisions give the right to request flexible working only to those employees who qualify as parents or carers, so this represents a significant change for businesses.

Under the current rules, there is a statutory procedure that employers are required to follow to consider a request, however this is to be replaced with a requirement to “deal with the application in a reasonable manner”. The employer will have to notify the employee of its decision within three months of the application (or longer where both the employer and employee agree).

The existing restriction that prevents employees making more than one flexible working request in any 12 month period will remain.

3.   Employer was not liable for assault by employee

The Court of Appeal has considered whether a supermarket chain was vicariously liable for an assault on a customer by one of their petrol station assistants.

The case concerned a customer who went into the petrol station and asked the employee whether he could print some documents from a USB stick. The employee responded with racist insults and abuse. When the customer then tried to leave, the employee followed him outside and then attacked him.

The customer sued the supermarket chain claiming that they were liable for the actions of their employee. However, the court has determined that the supermarket was not liable because there was not a sufficiently close connection between the employee’s actions in assaulting the customer and his employment and therefore it would not be fair and just to hold the supermarket responsible. This was supported further by the evidence that the employee’s supervisor had told the employee not to follow the customer outside.

Employment issues & social Media

If you are interested in these issues, then please register for a place in our free seminar next Wednesday 5 March at 8am, Shaw House. I have teamed up with Maxx Design who will also be talking about strategy and social media

Please note that these comments are intended to summarise some of the employment issues of the moment, not to provide detailed legal advice, so if you need assistance with any employment issues you may have please contact Julie Taylor on: 01635 508181 or  [email protected]

Follow Julie on Twitter: @JulieT_GL


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