The Nuts and Bolts of Workplace Injury Rights

Featured Post

We recently talked about what you should do if you find yourself injured at work. In the minutes and hours that follow your injury, there are a number of things you must make sure get accomplished. These include documenting the accident and speaking with a qualified legal representative. It’s good to prepare to do these things before you ever get injured, in fact. Being prepared can make terrible situations like these go much more smoothly.

But there is another bit of knowledge that will be helpful if you ever find yourself injured on the job. There are certain pieces of legislation that guarantee your rights, should you ever be hurt while working for an employer. If you know your rights, you’ll be a lot more certain of getting beneficial resolutions to your workplace injury claim. We’ll briefly cover a couple of these specific rights in the following. It’s important to note that there is a lot of diversity from state to state when it comes to workplace injury laws. The following are nationwide characteristics that you can generally rely upon wherever you happen to be injured at work, despite the specific laws found in your state.

• You always have a right to leave work to see a doctor for treatment of your injury.
• You have the right to put forward a formal claim about your illness or injury. Your case will be seen in a workers’ compensation court or an industrial court run by the state.
• If you go to the hospital after an injury and are released, you have the right to go back to work. You can’t be sent home.
• If you are so badly hurt or ill that you can’t go to work, regardless of the duration, you have the right to disability compensation of some kind. This will vary a lot state to state, but there will always be some kind of compensation available to you.
• You can appeal an employer’s decision regarding your worker’s compensation claim. You can also appeal the ruling of the compensation court.
• You have a right to legal counsel and representation throughout every step of the injury claim, compensation, and appeal process.

There are some states that are more generous towards injured claimants than others. It’s important for you to understand the general political climate of your state with regard to workers comp claims. This is especially true if you have a risky job, one where you come in contact with sick people, or if you perform any kind of manual labor. It is useful for every American worker to be equipped with this information.

It is also helpful to know to whom these rules do not necessarily apply. If you are self employed or are marginally employed through various non-traditional means, you won’t be able to hang your hat on any of these rights. If you are likely to be injured at your work in a role such as this, it is worth your while to consult with an injury lawyer ahead of time to understand your specific rights in the event of an injury.

We hope this helps, and that you will enjoy many injury-free years at work!

Latest Employment Tribunal statistics show drop in number of claims made

Guest Post

On 10 September 2015 the Ministry of Justice published the latest set of quarterly Employment Tribunal statistics for April to June 2015. This report laid out statistics for the Employment Tribunal for this period relating to the number of claims made, the number of claims that were successful, and the amount of compensation that was awarded for claims.

The number of claims made

The report stated that there has been a continued trend of decline in the number of claims (both individual and multiple) made in the Employment Tribunal between 2012/13 and 2014/15, as follows:

- 2012/13: an average of 52,000 new claims per quarter

- 2013/14: an average of 26,500 new claims per quarter

- April to June 2014/15: an average of 12,563 new claims per quarter

With regards to individual claims (claims made by one individual against one or more persons) the trend of claims has been more volatile:

- October 2012: 5,000 claims made

- June 2013: 4,000 claims made

- July 2013: 6,500 claims made

- September 2013: 1,000 claims made

- October 2013 to June 2015: an average of 1,500 claims made per month

Employment Tribunal fees were introduced on 29 July 2013 and the above statistics would seem to suggest that the introduction of fees has had a direct impact on the dramatic fall in the number of claims made, as potential claimants are deterred by the potential outlay (£250 to issue claims in ‘Type B’ claims and a further £950 hearing fee).

The report also found that the proportion of claimants represented by a lawyer increased by four percentage points from 71% in 2013/14 to 75% in 2014/15.

The number of claims that were successful

The number of claims that were successful, conciliated by ACAS or withdrawn (as a percentage of all Employment Tribunal claims) has fallen over recent quarters, from a 79% success rate in 2013/14 to 62% in the last quarter of 2014/15. It has now levelled at 62% - a substantial reduction in the average of claims that were successful between 2007/8 and 2012/13 (79.8%).

The amount of compensation awarded in successful claims

In 2014/15, there were 1,129 claims that received compensation for unfair dismissal. The maximum award in an unfair dismissal claim was £238,216 and the average (mean) award was £12,362.

In 2014/15, there were 219 discrimination claims where compensation was awarded. The maximum amount awarded was £557,039.

The above numbers do not include claims conciliated by ACAS or other forms of settlement, as the terms of such settlements are confidential to the parties.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the statistics: “These statistics clearly show that there has not only been a reduction in the total number of claims made but also a clear reduction in the number of successful claims made. It remains to be seen whether Employment Tribunal fees are having the intended effect of discouraging ‘unmeritorious’ claims or whether they are in fact discouraging claimants with otherwise-successful claims from pursuing justice.”

Previous reports can be found on the Government website here.

Redmans are litigators and employment solicitors in Chiswick

Can the gender pay gap give rise to a claim?

Guest Post

In July 2015 the Government launched an open consultation on the gender pay gap which currently sits at 19.1%. That means that for every £1 earned by a man, a woman will earn 81p.

Even though this is the lowest differential ever recorded it still demonstrates that the gender pay gap in the UK still needs addressing.

Ever since the Equal Pay Act was launched in 1976 it has been illegal for men and women to be paid differently for doing the same work; however this doesn’t mean that it doesn’t happen.

This then raises the important question which is, given that this legislation has been in place for almost 40 years to prevent this type of discrimination at work, if it is still happening what sort of claims process will be available to individuals falling foul of this discrimination?

The open consultation aims to task organisations with more than 250 employees to publish gender pay information. The CBI are pushing back on this stating that the current voluntary approach for companies to disclose this information is working well enough and that the numbers of women on corporate boards has actually increased.

This remains an area to be debated.

Ultimately the Government is looking for ideas that will encourage women to seek higher status careers, support older working women - where the pay gap is particularly high, and to comprehensively modernise the workplace. A move to more flexible working is being studied as a way of progressing women into higher profile jobs with more earning power and companies are to be encouraged to seek flexible working options when advertising for senior positions.

David Cameron has stated that he wants to eliminate the gender pay gap ‘in a generation’. Historically, UK businesses have been evasive in disclosing the pay gap between their male and female colleagues so it will be interesting to see how the open consultation develops and how this may affect employment law in the future.

Of course as it is illegal to pay people differently for the same role based on their gender, when this data becomes available it raises the prospect of potential legal claims against discriminatory employers. How many of them there are and whether these claims will be successful remains to be seen but inevitably there will be test cases.

The most likely scenario will lie with individuals who are no longer in employment with the business as people who choose to sue their employer whilst still in employment could face further discrimination at work. This scenario is probably the most common that will be encountered and raises a huge number of conflicts. Employers will be keen to avoid this scenario and employees will, in most cases, be unwilling to antagonise an employer who might then find there are reasons for letting that individual go.

The entire process is fraught with difficulties and the need to professional legal advice will be paramount if awkward situations like this are to be avoided.

Interesting times lie ahead….

Employment Law Tribunals vs The Small Business

Guest Post
No company, big or small, is exempt from the potential threat of an employment law tribunal. But for the owners of smaller businesses the threat could affect their entire livelihood due to the financial consequences that may result.

However, there are certain ways that a small company can lessen the chances of a tribunal loss; namely by being fully prepared for the tribunal long in advance of the day.

The following are a few of the best ways to ensure that you're ready for all aspects of an employment law tribunal.

Analyse every detail of the case
Having a wide knowledge of the employment law legislation you're facing is vital, as you need to supply your solicitor with as much information of the case as possible, so they can judge how to prepare their strategy most effectively.

Make certain that all materials you need to support your case, such as documents and statements, are ready well in advance so you are best prepared for any line of questioning the prosecution explores.

When it comes to the materials of your defence, you are required to present the claimant's council with all documents you intend to use at least seven days before the tribunal date.

Be meticulous in your analysis of the events leading up to the claim and trace every bit of interaction between you and the employee to make sure you don't overlook something that could prove vital to your case. This could mean the difference between winning and losing.

If you have trouble understanding a particular area of UK employment law legislation, consult the UK government website where all UK tribunal laws are explained.

Urge an alternative hearing
It may be easier for both parties if you settle the case outside of a tribunal. Suggesting an alternative is not a sign of weakness but rather shows that you're willing to be fair and are prepared to compromise.

This is also a beneficial alternative for the employee as claimants are now liable for the full tribunal fee; a requirement implemented in July 2013.

There are also employment relation organisations that can help solve legal affairs independent of the tribunal system, and are able to negotiate a settlement through interaction with the employment law solicitors of each side.

Rehearse thoroughly
Be sure to rehearse the day with your employment law solicitor in order to review every area of the case.

This might include participation from witnesses. If so, make sure they are fully aware of what will likely be asked of them, and give them plenty of time of preparation time.

Should you find a witness refusing to give evidence, you can legally bring them to a tribunal by serving them with a 'witness order' through the courts.

Remote working versus office hell

From the Guardian 30/04/14 | Donna Ferguson | "Whatever happened to remote working?":

Squashed, squeezed and stressed: if you've struggled into work today and are reading this in a crowded office, surrounded by distracting noises, machines, smells and colleagues, and are dreading your commute home, then you are certainly, literally, not alone. Despite the many advances in remote working technology, latest figures from the Office of National Statistics show that 87% of us still work primarily at the office.

Of course, as a commuter, you don't need to be told that – especially if you work in London. Of the 3 million people who commute daily on the London Underground, it is estimated as many as 75% had to battle into the office today, despite the strike action that has ground most of the public transport network to a halt.

A 30 minute stomp from Paddington during the tube strike last week allowed me to get a head-start on my exercise quota for the week some exercise for a change. Despite having to weave my way around the more aimless pedestrians that frequent London's pavements, I've quite enjoyed it.

Why are so many of us continuing to trudge into work? Research by Stanford University has found that remote workers are 13% more productive, take fewer sick days and enjoy a quieter working environment than their commuting colleagues.

But is that 13% more productive when they're actually working, compared to surfing the web, answering the door, clearing up baby vomit or stroking the cat? I wonder.

A survey by Office Angels found a third of employees think commuting will be unheard of by 2036.

Oh, do me a favour! I'm sure another third of those surveyed predicted that they'll have a flying car by 2036.

So what, according to the Guardian, are the possible reasons behind the fact that remote working hasn't caught on?

Lack of trust
"The fear factor for many managers is: 'If I can't see you how do I know you are working?'

Promotion paranoia
"Office workers worry that if they're not in the political arena, it might affect their ability to get a promotion. They feel they need to be visible and that their employer may question their commitment if they work from home."

Office working isn't all bad
"People want social contact. When you work remotely, there's a risk you'll feel isolated socially. People also worry that the infrastructure they need to work at home – their internet connection or their computer – will let them down.

I'm not really sure that "infrastructure" is the right word there. Besides that, I'd have far more confidence in my own computer and phone than placing any degree of reliance on the incompetent morons that typically work in IT departments.

"Some would miss the camaraderie of their colleagues".

Ah yes - I'm sure homeworkers frequently reminisce about the back-stabbing conniving antics of their former colleagues.

Not all jobs can be done from home
Imagine if you turned up at a hospital or a police station and found everyone had chosen to work from home. Clearly, some jobs require your physical presence – whether it's working on an assembly line, driving a vehicle, guarding a prison, fixing a toilet or saving someone's life.

What's this - 'state the bleedin' obvious hour'?

In legal practice, sometimes clients like to see you in the flesh, as it were. Teleconferencing hasn't really caught on.

The law
At the moment, only parents have the legal right to request flexible working, but from June, every employer will have to consider requests from all employees after 26 weeks' service. Requests can be still be refused on 'business grounds' but reasons will have to be given and could be challenged by an employee.

Maternity Employment Rights

Guest Post

It’s not uncommon for a new mother to take up to several months off work after childbirth. However, prior to even considering this leave, it’s important to know the law and your legal rights as a working mother.

Maternity leave rights
Maternity leave rights play an imperative part in employment law and whilst the basics of such leave may seem simple, the likes of redundancy and the nature of employment can make the entire situation a little more complex.

If you’re unsure of anything or feel you’re being treated unfairly, it’s wise to seek a solicitor’s opinion.

Statutory maternity leave
Eligible employees are entitled to up to 52 weeks of maternity leave. The first 26 weeks are classed as ‘Ordinary Maternity Leave’ whilst the last 26 weeks are often regarded as ‘Additional Maternity Leave’.

Your eligibility may depend on a number of things, including how long you’ve worked for the specific company as well as previous work.

11 weeks before the expected due date of your baby is the earliest you can take your leave. Employees must take at least 2 weeks off from work after childbirth by law. This increases to 4 weeks for those who work in a factory environment.

Statutory maternity pay
Eligible employers can be paid for up to 39 weeks of leave. In the first six weeks, they will receive up to 90% of their average weekly earnings before tax. In the latter 33 weeks, this will equate to a sum of around £138.78.

Extra leave or pay
Those who work for a company that offers a maternity scheme may be entitled to extra leave or pay. The company in question must certify that their maternity leave policies are easy to understand and also, easily accessible to staff.

What to do if the baby is born early?
Leave begins the day after the birth; this rule applies even if the baby is born early. The employee must inform their employer of this exact date. You will then receive a written letter confirming the new date of leave.

Employment rights
During maternity leave, all of the employee’s employment rights are fully protected. These include holidays and returning to a job.

What you must do before maternity leave
By law, employees must have an employment contract in place in order to qualify for statutory maternity leave. They must also give the employer adequate notice.

It’s essential that they have worked in the company for at least 26 weeks up to the qualifying week (the 15^th week before childbirth). Another factor to consider is earnings; those wishing to take paid maternity leave must earn a sum of £109 per week in an 8-week applicable period.

Proof of pregnancy
Prior to embarking on your leave, you must attain proof of your pregnancy. This will often consist of a doctor’s note or alternatively, a MATB1 certificate. Such proof is usually released 20 weeks prior to childbirth.

Without this proof, the employer isn’t required to pay statutory maternity pay.

Car Window Policeman Pay-Out Demonstrates Legal Right over Emotional Reaction

Guest Post

The newspaper headlines this week that have bemoaned and cried in shock at the decision to award ex-police officer Mike Baillon £430,000 in damages demonstrate that media outrage and emotional reaction account for little compared to legal right.

Mr Baillon quit his job as a police officer after a video of him smashing a pensioners car window went viral and was viewed by more than 30 million people worldwide. He claimed that other officers were making his position in the police force untenable and he felt forced to leave his position.

But despite the widespread criticism that Mr Baillon received from co-workers and others in the wake of his action, he was cleared of any wrongdoing and his complaint of constructive dismissal was upheld.

The internal investigation into the case cleared Mr Baillon and found that he had expertly used a conflict management technique known as an ‘explosion of force’ that is taught to officers.

Mr Baillon explained: “The reason I left was because of the treatment I received from senior officers. There's a culture in the police of joking. I fully accept that. That was never a problem.

“My wife suffered a miscarriage. It was shortly after the video was leaked, and I hold the stress that was there at the time for her losing our baby. Somebody wrote something on my locker which was personal to us. They fully knew the impact of what they were writing on my locker and the effect.

“It was something that I found highly personal and that I found highly offensive and insensitive and the organisation did nothing about that.”

Anser Amin of Walker Prestons Solicitors explains: “this case is a perfect example of the fact that we, fortunately, live in a society that upholds its legal responsibilities and does not bow to media pressure. If you have been personally or financially affected by somebody else’s actions then you may be entitled to compensation. Even if you do not morally believe in the result of this case, it was legally sound and the court’s legal responsibility has been upheld”.

The pensioner involved in the incident was also awarded £65,000 in compensation from the police force despite refusing to pull over whilst being pursued by the police for 17 minutes for speeding and driving without a seatbelt.

The compensation package that was awarded to Mr Baillon was decided upon to cover loss of earnings and a loss of pension.

An employee's guide on how to give notice effectively

Guest PostThinking of leaving your job? Amongst the many things for you to think about is how and when to give notice to your employer. Here are some common questions answered by employment lawyer Jon Curtis, managing director of myhrtoolkit.

What's the best way to give notice
Unless there are unusual circumstances the best way is face to face with the relevant manager and then handing a confirmation letter over.

Should I give notice in writing?
The short answer is, yes. Some more formal written contracts of employment have a "notices" clause which require all formal notices under the contract to be made in writing. It is important you check this clause because sometimes there may be rules about how such notices can be given. For instance email my not be allowed or service may only be valid if posted to the company's registered address (which might be different to the trading address).

Most people though will not have such formal agreements but even if there is no notices clause it is still highly recommended to confirm your resignation in writing, so that there is no ambiguity later as to when notice was given.

When does notice run from?
Generally speaking it would run from the day after the notice is served. Ideally you will hand deliver the notice so that the date is clear. Fax and email both effect immediate delivery of course (as long as the recipient agrees it arrived!). Post is good but if it is posted don't forget the letter may take some days to arrive and the notice will not run until the letter has been received. Ideally if you are posting, then follow up by phone or email to ensure receipt.

What information should I include?
Certainly the notice letter should be dated to prove when it was served. Ideally you would also include the final date of employment as well as dealing with any accrued but untaken holiday pay. Some employers will expect you to take all of your holiday before you leave, others will allow you to be paid in lieu. Of course, if you have taken more holiday than you have accrued, you may have money deducted in your final pay packet.

How much notice do I need to give?
This will normally be set out in your written contract but if it is not, you will need to give "reasonable" notice which could be one week to six months depending on how long you have worked for your employer and how senior you are. You may need to take formal advice if you are unsure.

Will I be paid in lieu of notice?
That is not for you to decide and is out of your hands. Depending on the circumstances, your employer may want you to work or your employer may want you off the premises immediately. One other option is that your employer may keep you employed but ask you not to come into the office. This is called "garden leave".

Are there any other considerations?
Working during a notice period can sometimes be awkward for both employer and employee. It is important for both parties to remain professional. Sometimes the employer will want to know where you are going to work next. You do not have any obligation to tell them, but (assuming the choice in not contentious!) you might well calm any fears by telling them.

What about post termination obligations?
Your contract may well contain post termination restrictions which you should ensure are properly understood. Even if you don't have such restrictions you will probably have an ongoing obligation to keep certain information confidential so be sure you understand your obligations in this regard.

Bob Teasdale is business manager for MYHRToolkit. Providers of cloud based HR Software solutions.

UK Labour Laws – Could things have been different for the family of John Wilson?

Guest Post

What on the surface seems a rather standard case of negligence has proven to show that the cogs of liturgy become more convoluted the larger the case tends to grow. Therefore, following a criminal hearing against the management, the family has had 'the door to justice closed,' though remain intent on pursuing the case.

In this regard, then, for all members of the British workforce it is worth considering what might have occurred should this event have taken place on UK soil, and could the outcome have been different?

UK Labour Laws
UK labour laws are an umbrella system of interconnected laws governing everything to do with the workplace – from the statutory minimum wage, to the minimum number of days holiday an employee must be granted each year. Included in this roll-call is, of course, a health and safety law – something which is taken very seriously in Britain. The leading piece of legislation in this regard is the Health and Safety at Work Act 1974, an overbearing system of regulations that ensure the well-being of employees at work.

How Could These Have Protected Mr. Wilson?
Well, firstly, if Mr. Wilson had been working in the UK at the time of his accident, the management would have had to release to the courts immediately following the accident a precise safety brief detailing all the procedures in place at the time. This preprepared document would provide an instant look into whether the management had fulfilled their end of the bargain and had indeed installed sufficient safety processes. The shining light in this example is that the cause of Mr. Wilson's death was allegedly a faulty escape hatch on the roof of the cabin during the time of the flood. Had this have been properly tested and checked beforehand, then of course it is likely that Mr. Wilson would have survived the accident. Unfortunately, though, what seems to be due to an incorrectly placed 'bush guard' obstructing the latch on the outside of the hatch, Mr. Wilson couldn't escape and as such drowned in the flood.

In this case, then, there was an obvious malfunction somewhere along their safety process, which resulted in the death of an employee. In the UK, the training of each individual would have been called into question to ascertain the reason why nobody spotted the faulty escape hatch. The training programme would have been reviewed, and the process of supervising all company machinery to ensure it imposes no danger would have been called into suspect.

“So Far is as Reasonably Practicable”
However, like much legal framework, this situation would have still not been so cut and dry. These six little words that every worker in Britain should be familiar with at all times could have had major implications on the outcome of a tribunal looking at the death of John Wilson. To expand, “so far is reasonably practicable” basically means that the employer must instil the most effective health and safety procedures, up to a point where they become financially disproportionate to the degree of risk imposed. In this case, however, working in an area that is known for flooding, it could be argued that reasonable measures were not taken.

As with all legal matters, it is nigh impossible to predict what will occur. What is clear, though, is that in the UK this matter would have been treated much more litigiously, and maybe – just maybe – the family of Mr. John Wilson would have met a much more favourable outcome.

Should you have been involved in an industrial, or work related accident of any kind, it would be wise to seek proper legal counsel before making any decisions on what you may pursue. Coles-Law's professional work injury and industrial diseases team can advise you on what to do next, and offer expert help and advice regarding any aspects of your legal pursuit.

This article is a guest post by David, a content writer on legal topics. You can see his profile at google+.

Avoid Expensive Legal Action: Improve Your Human Resources Department

Guest Post

Small businesses owners generally struggle, when it comes to maintaining a fully-equipped human resources department. And this is a shame because often a company owes its success to its fantastic HR service. Not only do they help recruit the very best in the business, but they nurture existing employees, deal with conflict, and make sure you’re protected from expensive legal action; particularly after the changes in the employer / employee claiming market.

Offer Training Opportunities
As an employer, you’re always worried that any training offered will go on to benefit a competitor, if your employee decides to pursue another position at a different company. However, enriching your workers through your HR department ensures that your services are high quality and up to date. Employees like to feel as if they are moving forward and developing as a professional – it gives them confidence. Stagnant jobs lead to stagnant business.

Build Team Relationships
Without a doubt, companies run well if there are solid communication links between employees. By building interpersonal relationships through HR schemes, you can boost the efficiency and creativity of workers in the office.

Communication
A large part of HR is good communication skills. Not only should your HR employees be able to draft a well-worded letter, but they should be able to talk with other employees. Often, members of the HR team have to deal with personal problems and delicate information. They should be discreet and sensitive, where needed.

Stay Ahead Of the Game
Laws change all the time. It’s up to your HR department to stay on top of rules and regulations, to make sure that your company doesn’t fall foul of the law. They should lead by example and create a safe workplace for your employees.

Family-Friendly
Fact: family-friendly businesses attract and maintain the best employees. Having a family-friendly HR department means that you can retain talent, even when workers decide to take on the responsibilities of parenthood. That means considering flexible hours and allowing time for parents to attend family emergencies. Think of your HR department as your business’s employment lawyer, focussing on your concerns.

Conflict Management
Whenever there are groups of people, there’s bound to be friction every once in a while. HR departments are ideal for taking care of conflict management and should be able to diffuse tense situations. Angst isn’t good for office morale and can often distract employees from their work. And, of course, as an employer, you want a pleasant working environment for your staff.

Organisation
If HR has to be one thing, it’s certainly ‘organised’. With so much information to store and concerns to process, organisation stops the company from descending into chaos. Your HR department usually deals with the payroll system, or outsources this task, as well as other significant processes.

Recognising the Positives
Through the HR department, you can keep tabs on employee progress and reward those who excel at their line of work. Where members of staff have really gone the distance, they deserve recognition for their efforts, to promote similar behaviour throughout the office.

Apprentices: employed, but at what price?

Guest Post

Legal 4 Landlords
www.leadersinlaw.co.uk
08/07/2013

Apprentices are usually fixed term contracts in which the apprentice expects and agreed amount of training. For this reason, apprentices are usually exempt of being made redundant (unless the company closes down).

But what about their other employment rights?

For school leavers, making the decision about what you want to do with your life can be an incredibly daunting one. University was a popular option, but recent rises in tuition fees mean that some people have been put off going. School leavers sometimes want to get out earning money from the time that they sit their last exam, but this cannot always be the best option for long-term career qualifications. For this reason, more and more young people are attracted to applying for an apprenticeship, because it allows them to earn a wage and also benefit from comprehensive training. Whilst this vocational training it likely to be paid at a rate less than the minimum wage, as industry qualifications are also included, apprentices need to be clear about exactly what their rights are, with regards to the law. We’ve all seen the TV show, ‘The Apprentice,’ where Alan Sugar fires the weakest employee, but the only similarity with the TV show is the name.

Traditionally, an apprenticeship was a contract of employment, to train an individual in the necessary skills for a qualification or job role: modern apprenticeships, available today, are often comprised of the employer, the individual and the Government, who might contribute some funds to the training. The apprentice is required to work for 16 hours a week or more, and also to attend college. Apprenticeships are usually for a fixed duration, usually between one and four years, and should still include a contact outlining the rights and responsibilities of both parties. As the apprentice has a contract of employment, they also have the same rights as other employees, regarding protection for things like unfair dismissal and protection against discrimination. The apprentice, rather than having less rights, often has more than typical employees because there are also expectations of training involved. So, what are these rights?

• Apprentices are not usually sacked, unless for cases of gross misconduct, which might involve behaviour like habitually refusing to do certain tasks: the grounds for dismissal for gross misconduct are much narrower than for non-apprentice employees. Apprentices are generally exempt from redundancy, unless the workplace closes down. The implications of an apprentice being sacked unlawfully can be expensive, as damages are usually higher than for unfair dismissals because they include loss of training and status.
• Moreover, apprentices are entitled to their own scale of minimum wages, which starts at £2.60 per hour for the under 19s. They are also entitled to statutory sick pay, unless they have been on the apprenticeship for less than three months, and they are also not generally recommended to have their apprenticeship terminated for incapacity: rather, it is suggested that the apprenticeship be deferred. Enhanced sick pay may be available, at the employer’s discretion.
• In terms of breaks, apprentices are entitled to the same amount of breaks as employees as they come under the Working Time Regulations of 1998, like an employee would: a twenty minute break for every six hours worked. This is regardless of any day release for college that apprentices might have. For the under 18’s, who may work for up to 40 hours a week, and the over 18’s, who can work up to 48 hours a week, the law protects the same as it would for any other employer.
• Apprentices are also protected from discrimination, as would be expected. There is no reason to believe that you should be given the worse jobs, or treated any differently, as an apprentice. Moreover, if there are specific issues of discrimination then, like any employee, the employer has a legal right to protect you from them.

Despite this legal protection, some apprentices have reported horror stories such as:

• Some apprentices have been paid only £25.00 for working a 40 hour week!
• Some employers have not paid apprentices for their college hours.
• Some apprentices have been denied the chance to take holidays
• Being told that they cannot leave work to go to college.
• Having to pay for their own college course, from their wages.
• Working for up to 70 hours a week!

So, what do you do if you find yourself in one of these situations?

In the first instance the cheapest and least likely to create a difficult atmosphere, would be to speak to your manager and express your concerns. If you have done this and it has failed to make any difference, or you feel unable to speak to your manager, or you no longer work at the company, then a sensible step would be to consult a solicitor.

Many law firms, such as Leaders in Law provide free “first advice” (usually a telephone call directly with a lawyer) to give you some basic advice and help you to decide what would be the best course of action (if any) to take. Leaders in Law is particularly experienced in employment law, and would be well placed to advise you further.

Don't Be a Victim after an Accident at Work: Show Initiative

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Have you been harmed at work and the incident wasn’t your fault? When a business is liable for a personal injury accident, they’ll do all they can to mitigate costs – that means attempting to con you out of the compensation you deserve. Don’t be a victim twice. Avoid silly mistakes by getting law advice as soon as possible and wise up to their tricks.

Get a Lawyer

Handling your claim by yourself will lead to you getting less compensation – it’s as simple as that. Don’t let anyone tell you otherwise (especially your employers), as it’s statistically proven to be true.

You may be asked to make statements for insurance purposes, but don’t approach these without the help of a lawyer. The business is hoping that you’ll say something damaging, so they can hold it against you in court. Don’t sign a thing until your lawyer has given it a once-over and the appropriate personal injury advice.

Collect Evidence

Remember who saw your accident and take down their details, so you can use their support in the future. Witnesses are crucial for gathering evidence. Also try to take photographs of the scene and write key notes about your accident. Jot down your account of events while they’re still fresh in your mind, so you don’t muddle the facts.

Get Medical Attention

Even if your injuries are minor, go straight to a doctor – don’t delay. Leaving medical attention until later can be considered an intentional exacerbation of your injuries and will count against you in court. This examination can add to your portfolio of evidence.

Also, you may be more injured than you first think; get a medical opinion for the sake of your health. Routinely follow any treatment you’re given and go to every subsequently arranged appointment. Again, if you neglect to do this, it’ll reduce the amount of compensation you’ll receive.

Some injuries can become worse over time, so don’t make a settlement on minor damages, unless your doctor has assured you that you’ll make a full and speedy recovery. Even then, don’t move hastily. You never know if your accident will turn into a nasty condition later down the line.

Keep Records Religiously

Store away any documents regarding injury-related expenses – that means lost wages, medical costs, and changes to lifestyle. You can be compensated for this later, so become more organised with your filing system and claim these figures back. You may even be able to apply for estimated losses in the future, if your injury has long-term ramifications.

Immediately Seek Legal Help

The longer you leave the case, the colder the trail goes. Evidence and witnesses are hard to come by and it can harm your case if you leave everything to the last minute. It’s likely you’ll end up leaving with far less compensation than you deserve, unless you immediately get your compensation claim going. Leave it for over three years and you’ll lose the case altogether.

Composed for personal injury solicitors Jigsaw Law who offer insight into the personal injury sector, supporting those affected every step of the way to a resolution. Either visit their site or contact them for any assistance at the following address: Jigsaw Law Ltd, Pioneer House, Pioneer Business Park, North Road, Ellesmere Port, CH65 1AD

Millions of British workers don’t see daylight

From Law Donut 21/12/12:

The dark mornings and even longer, darker nights mean that millions of workers who don't take lunch-breaks only see the sun on weekends. And research conducted on behalf of Beurer, makers of Brightlight Daylight Lamps, finds that more than a quarter of us regularly stay in the house over the entire weekend too. As a result, 35% of those polled experience a lack of energy at work during the autumn and winter months, 42% said they don't have enough sleep, and 33% suffer from subdued moods.

These depressing statistics are truly horrific when you stop to think about it.  I’m sure submariners get more vitamin D than the average UK office worker (if only by way of diet).

As a general rule, I try and force myself to go out of the office at lunchtimes - even if for only 15 minutes or so.  It’s bad enough to be chained to your desk for a ridiculously high proportion of the week, without not bothering to leave that imprisoning piece of furniture when you’re actually given the chance.  You’ve got to help yourself sometimes, too.

Besides which, I find a good stomp down to town can work wonders on the creative side of my brain.  A seemingly insurmountable legal problem before lunch can be all but solved by the time I’ve got back the office.

And people not leaving the drudgery of their homes at weekends sounds almost too much to bear.  I know the weather might not always cooperate, but breathing stale air whilst acquiring prison pallour is hardly a recipe for good health.

Which reminds me, how are those January blues coming along there? 

Law Actually is recruiting...

We’re looking for a Google Reader Reader

Law Actually is a UK-based global leader* in the blawgosphere.

_{Who the frick are we kidding?!?!?}  

After being repeatedly driven to distraction by an unmanageable list of Google Reader subscriptions, editor-in-chief (the Michael) has decided to recruit someone to do it for him and report back providing a digest of all the blogs and blawgs and other stuff out there he regularly peruses.

We’re looking for an enthusiastic and hardworking individual, driven to succeed (you know, all the usual bits of airy-fairy recruitment mumbo-jumbo which job descriptions are full of these days). The ability to organise and assimilate vast amounts of information is crucial yadda yadda yadda.

You should be familiar with Google Reader (for hopefully obvious reasons) but hey, training can be provided ‘on the job’ if required.

We’re looking for a candidate to grow with us. (we’ll put you in traction if necessary!!)

The ability to read is a must; the ability to understand what is read a distinct bonus.

Candidates should ideally be educated to degree level having obtained ‘a Desmond’ (2:2 :p ) or higher. That said, we’re not hugely fussed so if you’re not a graduate or made an absolute balls-up of your degree, all is not lost. Experience of law is preferable, but not essential.

A word of warning: free-thinking and creative individuals need not apply – you’ll only get bored and give notice within a week, so let’s not waste each other’s time.

The successful candidate should very likely be a female, 18 to 30,* be dynamic, self-disciplined and able to work as a valued part of a team or individually with curves in all the right places, and an ample bosom.* _{*comments officially redacted following employment law advice (God knows why).}

We’re looking for a candidate with a "Strong Work Ethic" (note the capitals there – we copied it off of another job description so we’re assuming it’s a term of art..). Put another way, we are less keen on those who are sloppy, slapdash, couldn’t-give-a-toss kind of employees (but hey, in these tolerant days of non-discrimination, you might as well apply).

Competent telephone manner (see... only ‘competent’ ... we’re not asking the earth here). As long as you can pick up the phone when it rings, know how to dial numbers and speak (English), you should be fine. Plus, we’re not adverse to a bit of back-chat at Law Actually particularly when the moron on the other end of the line is ‘asking for it’.

The successful candidate must also be able to facilitate with ease with technical concepts and details of managing data for our projects to ensure that the client’s deliverables are on time and on budget. OK – scrap that. We don’t know what any of that means either.

(Oh, we don’t tolerate smokers by the way, so any fag-ash Lils or Lennies out there need not apply!).

Your role will include:

· Reading Google Reader subscriptions (it’s a kind of what-it-say-on-the-tin job description).

· ... and that’s about it.... there might be the odd errand you’ll be sent on.

Salary: Competitive (GRIN) negotiable. You should be keen to go above and beyond - working some months without pay.

This is a fulltime role (although flexibility is called for).

Perks include:

- use of a computer (with a cutting edge operating system Windows Vista – pronounced “veeee-sta” or so Huw Edwards claimed).
- Law Actually branded bumper stickers
- use of uni-sex toilets (we reserve the right to charge on a per-flush basis, though).

Law Actually is an equal opportunities employer (if anyone asks).

Please email your C.V. with a description saying why you think you’d be a good fit for the role to: jobs-for-suckers@lawactually.co.uk

Oh – and for the avoidance of doubt, this job DOES NOT EXIST. (Let’s call it a belated April fool).

Viewing porn at work

From the Verge 02/08/12:

It's never really a good idea to watch porn while at the office — especially if your job involves mildly important tasks like defending the US from missile attacks. Yet that's exactly what some employees at the Pentagon's Missile Defense Agency have been doing, according to a report from Bloomberg.

Sounds like the staff have been minding some lap rockets of their own during work hours, then.

Last week, MDA Executive Director John James Jr. issued a memo warning employees against using government computers to access pornographic websites, since such behavior could pose potentially serious security risks.

We’ve all surreptitiously checked the internet for something at work which was mildly ‘against the rules’.  But porn? Really? Why would anybody do that while they’re stuck at their desk surrounded by colleagues? Unless their all doing it, you know, like some kind of organised LAN orgy? You never know. Maybe that explains the stain on your colleague’s chair and the reason why they always have screen wipes on their desk? ;-)

(Remember Brandon from the little-known BBC series, Attachments? He used to skateboard naked around the office ((and other things as I remember)) once everyone ((or almost everyone)) had gone home for the day. Dirty boy!)

"Specifically, there have been instances of employees and contractors accessing websites, or transmitting messages, containing pornographic or sexually explicit images," James wrote. "These actions are not only unprofessional, they reflect time taken away from designated duties, are in clear violation of federal and DoD and regulations, consume network resources and can compromise the security of the network though the introduction of malware or malicious code."

Well said that man.

Employment lawyers have long advised that all employers who provide internet access for their staff have an explicit internet usage policy so everyone knows where they stand. Accessing porn at work is an obvious no-no and surely a clear breach of any internet usage policy at work. But beyond that, I’m still more disturbed by the fact that employees think work hours are a ripe opportunity to get down and dirty with their office computers in the first place.

Goodness Grapetious Me!

From the Metro 22/03/12: 

Bus driver Michael Shephard claims he lost his job – for eating a grape.
Michael says he was dismissed by National Express after he was seen on CCTV eating fruit.

The 66-year-old admitted he was in his cab at the time but the vehicle was stationary.

Correct form of the word ‘stationary’ there. Score 1 for the Metro! ;-) 

Mr Shephard said: ‘I am so angry. I thought I would be given a disciplinary for eating a grape but not sacked.

‘I don’t eat or drink while I am driving but I was just sat at the bus terminus for a few minutes.

‘I had a heart bypass 12 months ago and the medication dries your mouth out so I need to have a sip of water or a grape every hour or so.

Everyone needs to, “wet their whistle” occasionally! I’d be interested to know the National Express’ policy is on this - are drivers prevented from taking a sip of water whilst parked up as well?  What about gumming on an opal fruit starburst?

‘There were no passengers on my bus and nobody saw me so I don’t understand the problem.’

Mr Shephard, from Coventry, has worked for National Express for more than five years. He was suspended after the incident two weeks ago and sacked on Wednesday.

Mr Shephard has since lodged an appeal against his dismissal.

A spokesman for National Express said: ‘The driver in question hasn’t exhausted the disciplinary process that we have as a company and as a result, we cannot comment.

‘However, we do hold ourselves to high levels of safety and customer care standards.’

I suppose there is a risk Shephard could have inadvertently dropped one of his grapes in to the gangway of the coach, only for one of the many ‘old dears’ who later boarded to slip, trip and triple-back-flip - putting “a hip out” in the process. (A significant risk once you get to that age – or so I’ve heard).

Actually, I would have thought there was more of a risk having a can of coke roll and wedge itself under the brake pedal. What a pickle he’d have found himself in then.

I trust common sense will prevail once he’s “exhausted the disciplinary process”.

Toilet Trouble

From Huffington Post 13/03/12:

The capital of New Jersey is at risk of running out of toilet paper thanks to a budget stalemate between the mayor and the city council.

Dear oh dear. That could lead to some sticky tricky situations in cubicles throughout the Garden State’s capital. Oooh.  [Where’s that steaming pile of sh*t emoticon when you need it?]

Supplies are already desperately low at government buildings including City Hall and according to Bloomberg News, there will be none left at all by March 16, unless the expense is approved.

Adult nappies at the ready, then.

George Muschal, who represents the city’s South Ward said the council is also concerned the Mayor did not solicit bids from Trenton-based suppliers and voiced suspicions that Mack’s paper order had been unnecessarily large because employees could be stealing the products for use at home.

Stealing toilet roll? Oh I can’t believe that! That’s something I would never advocate. Ahem.

But what about a ‘bring your own’ policy to eradicate the problem of disappearing toilet roll?  It might also have the beneficial side effect of reducing prolonged toilet breaks and discouraging the habitual shirkers who seem to think they’ve got the right to come to work and be paid to leisurely wander off to the loos with a newspaper under their arm to crap like donkeys a couple of times each day.  ‘Number Twos in the Workplace’ is a frequent talking point for my GF and I in which we lambast (we do a lot of that) society’s shrinking sense of shame. Seriously: just do it at home people. Or wear an adult nappy.

Toilet facilities at work seem to be an open target for abuse; the company for which I work, for instance, have to keep Dynorod on speed-dial. They’re out here unblocking the U-bends so frequently we should be eligible for ‘mates rates’ by now.  Personally, I think the water board should also be charging us additional rates for the pounding the sewerage system is taking thanks to my colleagues’ over-active bowels.

You take your life in your hands walking into the gents’ sometimes. There’s nothing worse than hitting a ‘wall of smell’ where the air is so thick you could practically chew on it.

At Law Actually, we operate a strict tinkle-only policy and ‘drip detection flooring’ which sets off alarms so that guilty parties face a walk of shame back to their desks. Personally, I think it’s a great policy and should be rolled out to all workforces in the UK.

Top three discrimination claims at Employment Tribunals

Sponsored Post:

Statistics from the Employment Tribunal Services have revealed the top three discrimination claims in terms of the average compensation payouts awarded in 2010/11.

The discrimination claim with the highest average payout was age discrimination with a staggering £30,289. This average has risen from £10,931 in 2009/10, quite a significant leap. In addition, the number of age discrimination claims accepted by Tribunals rose by nearly a third to 6,800.

This may have to do with the number of high profile age discrimination claims in the media prompting those with complaints to contact an employment law solicitor. For example, the case of BBC presenter Miriam O’Reilly, who successfully claimed age discrimination against the broadcaster when they fired her from Countryfile.

The rising figure may also reflect the additional protections given to employees in relation to age discrimination in the Equality Act 2010. Although age was protected under employment law prior to 2010, the new Act expanded that protection to include harassment from a third party who is not employed by the employer, and discrimination by association – when a person is discriminated against because they are associated with a person who is protected by the Act.

The second highest average payout was received by claimants with disability discrimination claims. The average payout for 2010/11 was £14,137, quite a difference from the average payout for an age discrimination claim. In fact, the average payout for disability claims fell by a third from the previous year.

46% of disability discrimination claims were settled by the Acas conciliation service, which could explain the decrease in the average Tribunal payout if the higher payouts for disability discrimination were made during this process instead.

Employment solicitors may recommend Acas conciliation before making a claim to a Tribunal, as it can help to resolve a matter more quickly.

The third highest average payout was for sexual discrimination claims. Despite having the highest number of claims accepted by Employment Tribunals (18,300), the average payout was £13,911.

The highest payout in 2010/11 for a sexual harassment claim was for a whopping £289,167; however, 97% of the payouts were under £50,000, which lowered the average.

Interestingly, almost half (49%) of all sexual harassment claims were withdrawn. Claimants may have withdrawn their claims on the advice of their no-win, no-fee employment solicitors, or because they had settled the claim without the need to go to Tribunal.

Religion and discrimination claims – why let common sense get in the way?

From the Solicitors Journal 08/08/11:

A Sikh council worker who refused to join an office fridge-cleaning rota because his religious beliefs banned him from touching or handling meat products could* be the victim of discrimination, the EAT has ruled.

*My emphasis! ;-)

The EAT heard that although all Sikhs were not necessarily banned from eating or touching meat, the claimant was a member of a revivalist branch with different rules.

A revivalist branch? *Rolls eyes*. OK, OK, carry on officer. ;-)

Delivering judgment in Chatwal v Wandsworth Borough Council(UKEAT/0487/10/JOJ), Recorder Luba said Mr Chatwal was a customer services adviser in the council’s technical services department.

Recorder Luba said that in 2008 the council introduced a requirement that staff using the communal kitchen must take part in cleaning the fridge.

“Having declined to comply with the fridge cleaning requirement, he did not participate in the rota and was, in consequence, not able to use the kitchen any longer.”

Oh for goodness’ sake: are Revivalist Sikhs prevented from popping on a pair of marigolds now? Or what’s stopping him scraping it out with a spatula and keeping the suspicious remains safely at arms’ length? Given the hideous condition of most workplace fridges and the diabolical remnants that lurk within, surely that’s what any sensible person would do, regardless of their ‘religion’.

And don’t get me wrong – I’ve every respect for religion and religious beliefs, but this is just silly.

'appiness for employers

From Roll on Friday 14/07/11:

Scottish firm MacRoberts has joined the twenty-first century and released an app for the iPhone, which allows bosses to find out just how cheaply they can get rid of unwanted employees.

Yay.  And what employer doesn’t want that facility?

I’m pleased to announce I’ll soon be adding something similar to the ever-expanding line of Law Actually products and services.   

Called the ‘fire-o-meter’ (Fireometer) “fire-omm-eater”... you get how I’m saying that - it’s frightfully important!!), it will use your smart phone’s camera and facial recognition technology to spy on your employees and measure their productivity.  

There’s a nifty little slider which an iPhone or Android wielding employer can use to set his or her expectation levels for individual employees and if the camera spies them falling below that standard, it will ping you an email alert telling you to get rid.   Windows Phone 7 users will have to carry on waiting for this app.  They’re clearly gluttonous for punishment anyway.  

The app niftily links in to your employee records to determine when they started work (for the purposes of calculating notice periods) and what role they hold (or should that be held?)

The Fireometer has three defined levels for dealing with unwanted employees:

1. For the once-useful and formerly valued members of staff, it will suggest a one-to-one meeting in which you fire them in person and give them a parting, it’s-nothing-personal slap on the back.  Helpfully, the Fireometer automatically sets up the calendar entries and the meeting request for you.  If you prefer, you can pre-record the firing message via the app and simply press play to avoid any unpleasantness of having to verbally fire the individual in person.
2. Secondly, there’s the standard firing by email or text with the requisite notice, (all  fully automated).  The email contains a video of Donald Trump in typical culling pose with his firing forefinger fully extended in which he shouts, “You’re lazy, you’re stupid, and you’ve been nothing but trouble... you know what [X], You’re Fired!!”. 
3. Finally, for the most egregious shirkers and generally hopeless employees (and, let’s face it, there are a lot of them out there)  it advises you to, ‘stick them out with the trash’.   You’re left to interpret that as you please.

Naturally, we’re following the freemium model; the above functionality is available in the free version.  However, the paid version of the app does two extra things:

1. It fires an email with all the relevant details off to a local law firm which specialises in employment law so they can help clear up the resultant mess.  (btw, we’ve bullet proof T&Cs... all liability is excluded... so don’t come crying to us when you find yourself with an appointment at an Employment Tribunal).
2. It cross-checks the details of the role the ex-employee was doing and sends off requests to recruitment agencies for a replacement.  (Out with the old and in with the new and all that!!)

We’re expecting that law firms and recruitment agencies will be anxious to be included in this service.  Btw, if that sounds like you, and you want to be added, just email: suckers@fireometer.com for our standard terms and rates.  ;-)

I think you’ll agree: this added functionality is the perfect time-saver for the slap-happy employer who doesn’t have the time to source their own employment lawyer or fresh stock of employees.