Redundancy Claim Successful

We recently assisted a client in a successful claim to an emplyment tribunal following his redundancy earlier this year.

The tribunal, having heard the evidence, was satisfied that no proper procedures were followed by the employer.  As  a result the dismissal was unfair and an order for compensation was made.

Holiday Pay

Following a recent enquiry I had to dig into the minutiae of Holiday Pay.  In particular how to recover holiday pay when an employee has left employment but taken more leave than he has accrued.

Simply, it can't be done unless there is an agreement to do so in the contract, a workforce agreement or collective agreement.

Employers should therefore closely monitor holiday leave where there are no  contractual safeguards in place.

On the other hand, employees who are thinking of leaving can simply take their leave at the start of the holiday year and enjoy their "bonus".

Employer beware!!

Legal Representation at Discplinary Hearings

Following recent cases last year it is now clear that employees are entitled to legal representation during disciplinary hearings.  However, this is restricted to cases where the employee may not be able to continue in his or her career as a result of the disciplinary hearing.  For example where a lawyer, doctor, nurse or dentist is disciplined for misconduct which may effect their registration with their professional body.

This could be relevant for numerous careers  especially those where there is a professional body, organisation or similar governing body.

Licensing Appeal Success

We recently successfully helped a client to appeal the refusal of a personal license by Falkirk Council.  The Sheriff found that the local authority had no good reasons to refuse the personal license and therefore granted the appeal after a hearing at Falkirk Sheriff Court.

People are strange...

...in good ways and bad.

Being a lawyer is great for seeing the best and worst of people.  Particularly so when they are fighting over their children.  Some parents conform to the sterotype of adversarial mum or dad, claiming that the other parent is useless or, worse, dangerous to the children.  The ex partner (of perhaps many years) is demonised and suddenly not a fit person for the children to see.  This may sometimes reflect reality, in the worst of cases, but is normally just a sign that a parent is using contact with children as a weapon.  The aim being to cause the other parent as much upset as possible or to use the children as a "bargaining chip" in the financial negotiations.

The parents that fight tooth and nail over their children fail to see the damage they are doing to their children.  Often they are so busy fighting that they forget about the children who are stuck in the middle while the warfare rages above them.

Quite often, however, parents surprise you.  They can appreciate that the other parent may be a rotten (ex) partner or spouse but can acknowledge that they are at least a good parent.  In these cases the parents have quite often resolved the contact problems by the time they come to the office.  They are able to see that keeping contact with both parents is in the interests of the chidren and can set aside their personal problems, at least in relation to the children.

Experience tells me that where parents can set aside their feelings about each other to resolve problems with the chilren, those chidren adapt better to their parents' separation than the children whose parents constantly battle it out.

It's never too early...

A recent conversation highlighted once again the importance of taking legal advice at as early an opportunity as possible.  Unfortunately people are human (!) and act in the heat of the moment.  This is perfectly understandable but can cause problems.

An employee had been suspended with pay but took exception, understandably in this case, to the way the procedure was being handled by the employer.  Without first lodging a grievance the employee resigned thus making any claim for unfair/constructive dismissal very difficult to pursue.

So the moral of the story is...please do nothing hasty until you have spoken to your solicitor.  If in doubt - wait it out.

Tait Macleod Solicitors
6 Park Street
Falkirk. FK1 1UZ.
LP 38 Falkirk
Tel: 01324 88 88 77
Fax: 01324 41 16 07 

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