Man employed less than a year ‘unfairly dismissed’

first_imgThe rule that staff must be employed for at least one year before they canmake unfair dismissal claims has been called into question. Judith Fiddler of Manchester law firm Rowe and Cohen said a recent decision bya Stratford employment tribunal fundamentally changes the interpretation oflaw. The case involved an employee sacked 10 months after starting a job whosemanager thought it unnecessary to follow statutory procedure or arrange adisciplinary hearing because of the 12-month rule. The tribunal decided the manager was legally obliged to follow properprocedure – and had he done so the employee would have been in the job for morethan a year. In these circumstances the employee now has the right to claim for”loss of chance” to claim unfair dismissal. The sacked employee succeeded in claiming an award for loss of earnings andeven loss of his statutory rights. However, the tribunal reduced his award by25 per cent because it thought it was likely he would have been dismissedanyway. Fiddler warned employers to brace themselves for a deluge of additionalclaims that could clog up the already straining tribunal system. She said, “The Government is actively seeking ways to discouragespurious claims by increasing awards against frivolous and vexatiousapplicants. “But its plans have completely backfired. Now the floodgates are openeven further and employers should redraft their contracts without delay.” JohnAdsett, secretary of the Association of Healthcare Human Resource Managers,said the ruling, assuming it is not overturned on appeal, would meanunscru-pulous employers would have to be careful if they sacked workersunfairly within 12 months. He said, “Whatever the length of service thingsshould be done properly. The fact that someone has been in a job less than 12months should not affect the way an employer handles that employee atall.” By Richard Staines Man employed less than a year ‘unfairly dismissed’On 1 May 2001 in Vexatious claims, Personnel Today Related posts:No related photos. Previous Article Next Article Comments are closed. last_img read more

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FA makes decision over allowing fans to attend Liverpool vs Arsenal Community Shield

first_img Comment Liverpool are due to face Arsenal at Wembley on August 29 (Picture: Getty)The Football Association has shelved plans to allow a limited number of Liverpool and Arsenal fans to attend the Community Shield. Jurgen Klopp’s Premier League champions and FA Cup holders are scheduled to meet at Wembley in just over a fortnight’s time and the governing body had been contemplating using the fixture as a test event. Leicester City vs Aston Villa, way back on March 9, was the last domestic football fixture which saw supporters attend. According to the Daily Mail, the government was initially keen on the idea of allowing a small number of spectators to cheers on their respective teams during the season’s traditional curtain-raiser.AdvertisementAdvertisementADVERTISEMENTHowever, after similar tests in county cricket and snooker had to be abandoned due to a rise in Covid-19 cases, the FA has reluctantly been forced to follow suit. Metro Sport ReporterWednesday 12 Aug 2020 11:29 amShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link359Shares Advertisement FA makes decision over allowing fans to attend Liverpool vs Arsenal Community Shield Leicester City vs Aston Villa on March 9 was the last game in England fans attended (Picture: Getty)The World Snooker Championship in Sheffield and a county match between Surrey and Middlesex allowed spectators in as part of a trial, but that was abruptly halted after the government changed their guidance in the wake of an increase in infections.The government announced last month it hoped to be able to allow fans into Premier League games and other sporting events from October 1, subject to coronavirus guidelines. But it remains to be seen whether that will go ahead.In addition to the complexity of sorting out ticketing and security, the cost of allowing just a few thousand fans to attend the game at Wembley is understood to be prohibitive.MORE: Mikel Arteta ready to sell former Arsenal team-mate Calum Chambers amid Fulham interestMORE: Bayern Munich boss Hansi Flick tells Thiago to move to Premier League amid Liverpool transfer speculationFollow Metro Sport across our social channels, on Facebook, Twitter and Instagram.For more stories like this, check our sport page. Advertisementlast_img read more

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