Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
A Q&A guide to workers' compensation law for employers in Georgia. This Q&A addresses Georgia laws requiring workers' compensation coverage, including the benefits process, penalties for an employer's failure to obtain workers' compensation coverage, and anti-retaliation provisions. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Workers' Compensation Laws: State Q&A Tool)
An up-to-date review of the Affordable Care Act, sometimes called ObamaCare. I will be presenting this tomorrow at the Crowne Plaza in White Plains, NY.
My judgment against TempWorks Management, Inc. in a Minnesota court. It was an unfortunate, but necessary, process. The truth prevailed, as it usually does in these types of situations.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
Stuart presented on medical marijuana in the workplace at a LegalEase Breakfast Seminar hosted by the Human Resources Professional Association (HRPA) on February 25, 2016.
Manchester Solicitors offering cost effective legal advice on employment, business law, personal injury, property matters, and payment protection insurance. For more information you can visit at http://www.rmandco.co.uk/
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Os bastidores do universo yuppie, pelos olhos de uma geração que se vê confrontada com uma realidade brutalmente diferente daquela que era prevista e que lhe foi ensinada. Haverá forma de recuperar o tempo perdido e deixar de viver uma vida projectada por outros? A que preço?
A Q&A guide to workers' compensation law for employers in Georgia. This Q&A addresses Georgia laws requiring workers' compensation coverage, including the benefits process, penalties for an employer's failure to obtain workers' compensation coverage, and anti-retaliation provisions. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Workers' Compensation Laws: State Q&A Tool)
An up-to-date review of the Affordable Care Act, sometimes called ObamaCare. I will be presenting this tomorrow at the Crowne Plaza in White Plains, NY.
My judgment against TempWorks Management, Inc. in a Minnesota court. It was an unfortunate, but necessary, process. The truth prevailed, as it usually does in these types of situations.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2015, and what they teach us about managing your workforce - together with our practical tips.
We also talk about what is coming up in 2016, and how you can get ready for what will be another busy year in employment law.
We will be covering the following topics:
• working time/travel time
• social media update
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• the latest on tribunal fees
• what's coming up in 2016.
https://www.brownejacobson.com/sectors-and-services/services/employment
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
Stuart presented on medical marijuana in the workplace at a LegalEase Breakfast Seminar hosted by the Human Resources Professional Association (HRPA) on February 25, 2016.
Manchester Solicitors offering cost effective legal advice on employment, business law, personal injury, property matters, and payment protection insurance. For more information you can visit at http://www.rmandco.co.uk/
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Os bastidores do universo yuppie, pelos olhos de uma geração que se vê confrontada com uma realidade brutalmente diferente daquela que era prevista e que lhe foi ensinada. Haverá forma de recuperar o tempo perdido e deixar de viver uma vida projectada por outros? A que preço?
Presentation on Employer obligations (Australia).
The contents of this presentation are for information purposes only and do not constitute legal advice.
If you have any particular concerns or queries, please contact our office for specific advice.
Independent healthcare in house lawyers' forum, March 2018, LondonBrowne Jacobson LLP
In our first independent healthcare in house lawyers' forum for 2018 we cover the following topics:
- claims and liabilities update - including vicarious liability for the acts of non-employees and the post Paterson inquiry
- inquests and other regulatory liabilities
- capacity, consent, and how to not get sued.
FAMILY MEDICINE CLINIC BUSINESS PLANStude.docxmglenn3
FAMILY MEDICINE CLINIC BUSINESS PLAN
Student’s name
Introduction
As part of its ongoing efforts to improve access to health care, General Medical Center is subsidizing the start-up and first year of operations of a new family medicine practice, Park Square Family Medicine.
As a advanced practice nurses (APN), I have invested a lot of time and money into education I have gone through dealing with the state laws and nurse practice acts, also gone through the principle of autonomy / collaborative approach of practice with physician
This is important because it fulfils the requirement of the APN professional business plan requirement and also to have an insight to what it takes to set up a clinic after licensure as an APN with practice privileges.
Mission/vision statement
Our vision is to bring quality and affordable healthcare. The clinic aspires to bring special healthcare services, health educational programs (primary preventive measures) as well as personal health and wellness programs.
Location of Business
The targeted location will be in Colorado because:
There is a wide range of people
Large Population
Easily accessible
The targeted location for the hospital set up will be in Colorado. This location is best since there is a wide range of people and the population as well is fair which implies that the hospital will have patients in regular basis which further ensure that the hospital will have a continuous flow of income. Before choosing the location, a thorough research was conducted, and further feasibility studies were conducted so as to be able to penetrate the available market and most importantly become the preferred choice.
4
SWOT Analysis
Strengths-
a well-qualified team of professionals in various positions of the hospital.
Clinic has a strong ethos of openness, sharing and commitment
weaknesses
Staff not clear of their role in the patient relationship
it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity
The strength of the hospital lies from the fact that they have a well-qualified team of professionals in various positions of the hospital. Therefore, they have the best arms in the whole of Colorado. Moreover, the hospital will be operating for twenty-four hours a day unlike other hospitals. Also, the clinic has a strong ethos of openness, sharing and commitment to increasing patient confidence Patients wanting to get involved Local charities willing to participate. The weaknesses limited is that it is just starting out and therefore may not have sufficient required finance which will sustain the kind of the publicity which is intended so that the business can be well known and also, Staff is not clear of their role in the patient relationship
5
Opportunities
Constant inflow of patients
Active volunteer committee willing to plan and organize events
Threat
Economic turndown
Patients confidentiality risk
.
Running head Medical Biller Research Paper .docxglendar3
Running head: Medical Biller Research Paper
1
Medical Biller Research Paper
2Medical Biller Research PaperLindsay Williams
Liberty University
2/13/2020Medical Biller Research Paper
The medical biller are healthcare professionals who translate healthcare service to medical claims. The medical billers assess the healthcare services given to a patient and submit claims to the insurance companies and healthcare players such as Medicaid and Medicare. This position is very essential for the financial cycles of the health care providers form a single provider operation to large healthcare facilities. Thus, to be a medical biller, one needs to have basic knowledge in financial analysis and health operation. This knowledge should be accompanied by high level of analysis and combining concepts. In this case, the paper will analyze five topics that are essential for research billers. These topics include; the experience and Qualifications for Insurance Claim Processors, job Functions of a Medical Insurance Processor. Workers compensation, submitting claim electronically and common mistakes resulting claim denials will be also analyzed.
The Insurance Claim Processor or the claim examiners are healthcare insurance employees who assess the medical claim to decide whether an insurance company will pay the claims. The claim examiner job has no specific educational qualification. Though many organizations require one to have a minimum of high school college diploma depending on the organization working policy. Most of the organizations offer in job training, though they recommend the applicant to have knowledge in the related field. For this course, various vocational training schools offers various courses related to this field. (Alyson, 2020). In this role, its highly recommend for candidate to take certified medical reimbursement specialists’ exam. Thus, since there no experience required during hiring of Insurance Claim processors, organizations should provide orientation and on-job training. The Insurance Claim Processor should have good communication skills. The claim examiners should be able to communicate effectively both in writing and verbally. These skills enable them to understand the claim reports, for analysis. The claim examiners should able to communicate feedback clearly to the victim both in writing and verbally. The claim examiners should have good customer service skills such as patience, self-control, critical and logical thinking to help the associate well with clients.
Medical Insurance Processor analyses the validity of medical claims, in the insurance companies to determine whether they are viable for payment. The Medical claims processor managers all the insurance claims from the doctors’ offices. Theprimary role of the Medical Insurance Process evaluates the claims presented in the insurance companies. They have number of responsibilities that revolve ar.
Running head Medical Biller Research Paper .docxjeanettehully
Running head: Medical Biller Research Paper
1
Medical Biller Research Paper
2Medical Biller Research PaperLindsay Williams
Liberty University
2/13/2020Medical Biller Research Paper
The medical biller are healthcare professionals who translate healthcare service to medical claims. The medical billers assess the healthcare services given to a patient and submit claims to the insurance companies and healthcare players such as Medicaid and Medicare. This position is very essential for the financial cycles of the health care providers form a single provider operation to large healthcare facilities. Thus, to be a medical biller, one needs to have basic knowledge in financial analysis and health operation. This knowledge should be accompanied by high level of analysis and combining concepts. In this case, the paper will analyze five topics that are essential for research billers. These topics include; the experience and Qualifications for Insurance Claim Processors, job Functions of a Medical Insurance Processor. Workers compensation, submitting claim electronically and common mistakes resulting claim denials will be also analyzed.
The Insurance Claim Processor or the claim examiners are healthcare insurance employees who assess the medical claim to decide whether an insurance company will pay the claims. The claim examiner job has no specific educational qualification. Though many organizations require one to have a minimum of high school college diploma depending on the organization working policy. Most of the organizations offer in job training, though they recommend the applicant to have knowledge in the related field. For this course, various vocational training schools offers various courses related to this field. (Alyson, 2020). In this role, its highly recommend for candidate to take certified medical reimbursement specialists’ exam. Thus, since there no experience required during hiring of Insurance Claim processors, organizations should provide orientation and on-job training. The Insurance Claim Processor should have good communication skills. The claim examiners should be able to communicate effectively both in writing and verbally. These skills enable them to understand the claim reports, for analysis. The claim examiners should able to communicate feedback clearly to the victim both in writing and verbally. The claim examiners should have good customer service skills such as patience, self-control, critical and logical thinking to help the associate well with clients.
Medical Insurance Processor analyses the validity of medical claims, in the insurance companies to determine whether they are viable for payment. The Medical claims processor managers all the insurance claims from the doctors’ offices. Theprimary role of the Medical Insurance Process evaluates the claims presented in the insurance companies. They have number of responsibilities that revolve ar ...
Running head Medical Biller Research Paper .docxtodd581
Running head: Medical Biller Research Paper
1
Medical Biller Research Paper
2Medical Biller Research PaperLindsay Williams
Liberty University
2/13/2020Medical Biller Research Paper
The medical biller are healthcare professionals who translate healthcare service to medical claims. The medical billers assess the healthcare services given to a patient and submit claims to the insurance companies and healthcare players such as Medicaid and Medicare. This position is very essential for the financial cycles of the health care providers form a single provider operation to large healthcare facilities. Thus, to be a medical biller, one needs to have basic knowledge in financial analysis and health operation. This knowledge should be accompanied by high level of analysis and combining concepts. In this case, the paper will analyze five topics that are essential for research billers. These topics include; the experience and Qualifications for Insurance Claim Processors, job Functions of a Medical Insurance Processor. Workers compensation, submitting claim electronically and common mistakes resulting claim denials will be also analyzed.
The Insurance Claim Processor or the claim examiners are healthcare insurance employees who assess the medical claim to decide whether an insurance company will pay the claims. The claim examiner job has no specific educational qualification. Though many organizations require one to have a minimum of high school college diploma depending on the organization working policy. Most of the organizations offer in job training, though they recommend the applicant to have knowledge in the related field. For this course, various vocational training schools offers various courses related to this field. (Alyson, 2020). In this role, its highly recommend for candidate to take certified medical reimbursement specialists’ exam. Thus, since there no experience required during hiring of Insurance Claim processors, organizations should provide orientation and on-job training. The Insurance Claim Processor should have good communication skills. The claim examiners should be able to communicate effectively both in writing and verbally. These skills enable them to understand the claim reports, for analysis. The claim examiners should able to communicate feedback clearly to the victim both in writing and verbally. The claim examiners should have good customer service skills such as patience, self-control, critical and logical thinking to help the associate well with clients.
Medical Insurance Processor analyses the validity of medical claims, in the insurance companies to determine whether they are viable for payment. The Medical claims processor managers all the insurance claims from the doctors’ offices. Theprimary role of the Medical Insurance Process evaluates the claims presented in the insurance companies. They have number of responsibilities that revolve ar.
In the uploaded Document, we have shared the some step & process to make a claims against medical negligence for those victims, who have suffered harm due to medical negligence. Look at the Doc for more.
Welcome to the Autumn 2013 edition of the BHW Employment Law Newsletter.
It seems that despite Government rhetoric to leave employment law alone, the Ministers can’t help themselves from dabbling in the area!
We have therefore collated information on the most important changes to help keep you up to date.
Legal newsletter focussing on employment matters including articles on worker status and the implications of the gig economy and shared parental leave
and grandparental leave.
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
Legal newsletter for the planning & property development sector including articles on town & village greens, overage agreements and Permitted Development Rights
Rollits' Agricultural Law Update - July 2019Pat Coyle
Legal newsletter for the agricultural sector including articles on diversification, permitted development rights on agricultural land and Health & Safety law
Rollits Planning Law and Policy Newsletter - February 2019 Pat Coyle
Legal newsletter covering topics such as permitted development rights on agricultural land, Class A permitted development rights, CIL and a planning policy update.
Rollits Regulatory Review - November 2018Pat Coyle
Legal newsletter featuring articles on regulatory law including Director's Duties, the Advertising Standards Authority, GDPR, Food Safety, Manslaughter in the Workplace and H&S Sentencing Guidelines
Rollits Agricultural Law Update July 2018Pat Coyle
Legal newsletter for the Agriculture Sector including articles on permitted development rights available for agricultural buildings, Estate planning for the agricultural sector and a Health and Safety Executive spotlight on the agricultural sector.
Legal newsletter for the Charity, Voluntary and Not-for-Profit Sector with guidance on Automatic disqualification rule changes for trustees and senior managers of charities
Legal newsletter for the Education Sector including articles on the Government response to college insolvency regime technical consultation, Automatic disqualification guidance for governors and senior managers, Keeping Children Safe in Education Statutory Guidance and data protection.
Legal newsletter for the education sector. In this edition we summarise key issues raised in a letter sent to academy trust Chairs by Lord Agnew; highlight a recent decision of the Advertising Standards Authority in relation to unproven claims made by universities in their advertising; take a look at the continuing impact of the Bribery Act on the education sector; and explain a revised Memorandum of Understanding which has been entered into between the Department for Education and the Charity Commission. To kick off, here are a few updates on the GDPR, the Apprenticeship Levy, the college insolvency regime and a recent study which considered the post 16 Area Review process.
Legal Newsletter for the construction industry highlighting Collateral Warranties, New JCT 2016 Edition of contracts, apprenticeships and the health & safety revolution
Legal newsletter for charities looking at Charity Commission’s consultation on draft guidance for new warning power, Registers of people with significant control and Brexit – The impact upon charities
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Rollits Employment Focus April 2016
1. Banaszczyk v Booker Limited –
judgment handed down on
1 February 2016
The EAT has held that normal day-to-
day activities include manual handling
of cases weighing up to 25kg.
The Claimant was employed by Booker
Limited as a picker in a distribution
centre. He was required to select cases
and to lift and move those cases by hand
for loading onto pallet trucks. The cases
might have weighed up to 25kg. Booker
Limited operated a “pick rate” which
expected workers to pick 210 cases
per hour and the minimum acceptable
standard was 85% of that figure.
The Claimant was involved in a car
accident in which he suffered an
injury to his spine. He subsequently
began to experience back pain and
informed his employer that he could
not pick heavy items for long periods
of time. The Claimant was referred
to an occupational physician who
concluded that he had a long-term
problem with back pain which impaired
his performance and was not able
to reach the target pick-rate. He was
subsequently dismissed for incapability.
He brought proceedings against his
employer for unfair dismissal and
disability discrimination.
The Employment Tribunal concluded
that the requirement for manual
handling of cases weighing up to 25kg
was not a normal day-to-day activity.
It considered the Claimant’s activities
outside of work, including going
shopping, unloading shopping and
flying to Poland and found that he was
capable of carrying out these activities.
As such, it held that he was not
disabled because his long-term physical
impairment did not have a substantial
effect on his carrying out normal day-to-
day activities.
The Claimant appealed the decision.
The EAT held that, having accepted the
medical evidence, the only possible
outcome was that the Claimant was
disabled. In holding that warehouse
work and work in general is a normal
day-to-day activity, the EAT expressed
the view that ‘no-one with any
knowledge of modern UK life could
doubt that large numbers of people
are employed to lift at work, including
cases of up to 25kg’.
In deciding whether the Claimant’s
back pain had a substantial effect on
his carrying out normal day-to-day
activities, the EAT noted that the time
taken to perform an activity must be
considered. It concluded that the
Claimant’s back pain meant that he was
significantly slower than his colleagues
and slower than he would have been
but for his back pain, when manually
lifting cases.
This wide interpretation of what is
a normal day-to-day activity could
clearly impact on a number of different
activities, so consideration of this point
will be relevant when assessing whether
the definition of disability is met.
Where this point is in issue it will be
necessary to ensure it has been adequately
dealt with by Occupational Health.
Ruth Everitt
Disability discrimination
What are normal day-to-day activities?
Also in this issue
The National Minimum/
National Living Wage
Family Friendly Rights
Pulling a sickie – is dishonest and a
fundamental breach of contract
Current rates and limits for unfair
dismissal and redundancy
Employment Protection Scheme
rollits.com
April 2016
Employment Focus
2. Page 2
Employment Focus
April 2016
We have had first hand knowledge
of some of the difficulties that the
increase presents as the increased
hourly rate reduces the pay gap
between supervisors and less senior
employees. One possible scenario is
that particularly, small businesses will
struggle to pay the National Living
Wage which could in turn give rise to
the risk of redundancies. With this risk
goes a word of caution that where a
selection matrix is driven by cost, for
example, eligibility for National Living
Wage this could give rise to a potential
claim for age discrimination. Whilst a
possible defence would be that the
decision can be objectively justified as
a proportionate means of achieving
a legitimate aim, case law serves to
demonstrate that cost alone cannot
amount to objective justification.
Meanwhile, the Government is committed
to outing employers who fail to pay the
National Minimum Wage. This includes:
• Penalties will increase from 100% of
arrears to 200% of arrears (halved if
paid within 14 days) and a maximum
of £20,000 per worker.
• An increased budget for enforcement.
• A new HMRC team to pursue non-payers
with powers to impose penalties and
refer to the CPS for prosecution.
• The name and shame regime.
• A stated intention by the Department
of Business Innovation and Skills (BIS) to
target high risk areas such as social care,
hairdressing and retail sectors.
• Power to disqualify directors for up to
15 years.
Donna Ingleby
The National Living Wage, an extension of the National Minimum Wage and introduced on 1 April 2016
continues to be very much in the news. The introduction of the increased rate for over 25 year olds was
preceded by much comment and debate and indeed a report by Manpower to the effect that employers
would meet the challenge of the increased hourly rate by preparing to cut overtime and rates for
weekend work and indeed we have seen a number of local and national companies exposed by the press
in recent weeks.
The National Minimum/
National Living Wage
Recent research by the Women’s Business
Council and the Employer Support
Firm, My Family Care supports our own
experience and that of our clients which
is that fathers are not taking advantage
of the entitlement to Shared Parental
Leave. It is no surprise that the decision is
often financially driven or that concerns in
relation to career progression were also
a factor.
The introduction of Grandparental Leave
is an extension of the Family Friendly
Rights promoted by the Government
and is in recognition of the often crucial
role that grandparents take in childcare.
Research and our own experience
suggests that many grandparents either
give up work, reduce hours or take time
off to help with childcare and reduce the
costs of it.
Grandparental leave is currently the
subject of Government consultation and
is due to be introduced in 2018.
Donna Ingleby
Family Friendly Rights
3. Page 3
Employment Focus
April 2016
Metroline West Ltd v Ajaj
The disciplinary allegations put to the
Claimant upon the surveillance evidence
coming to light were that he had
made a false claim for sick pay; he had
misrepresented his ability to attend work;
and he had made a false claim of an
injury at work.
The conclusion of the disciplinary process
was that the Claimant had “substantially
exaggerated the degree of his incapacity”
and that “it was probable that he had
not suffered an accident at work and was
therefore falsely claiming to be injured.”
The Claimant was summarily dismissed for
gross misconduct.
Tribunal findings
The Tribunal accepted that the
Respondent had a potentially fair reason
to dismiss related to conduct and further
that the Respondent genuinely believed
that the Claimant had exaggerated his
injury and its effects. However, it went
on to assess the Respondent’s genuine
belief by reference to capability (and
not conduct) considerations and held
that, notwithstanding evidence of
exaggeration as to his ability to walk, there
was no evidence that the Claimant had
exaggerated his inability to perform his
contractual duties.
On appeal by the employer the EAT
found that the Tribunal’s consideration
of capability issues was irrelevant and it
was perverse for the Tribunal to hold that
the dismissal was unfair and wrongful.
It held that an employee who ‘pulls a
sickie’ is dishonest and in fundamental
breach of contract. The principal reason
for dismissal of a malingering employee is
conduct, not capability.
This case serves as a reminder of the need
for employers to establish and document
their reasons for dismissal and consider
whether they have reasonable grounds
to dismiss after having conducted a
reasonable investigation.
Ruth Everitt
6 April 2016 – 5 April 2017
Basic award/redundancy – maximum £14,370
Statutory cap – maximum £78,962 or the lowest of 12 months gross salary.
Maximum weeks’ pay – £479
Current rates and limits for unfair dismissal and redundancy
Mr Ajaj was employed as a bus driver for 10 years when he was dismissed for gross misconduct having
been found by his employer to have fraudulently claimed sick leave and sick pay by misrepresenting and/or
exaggerating his sickness. The Claimant alleged that he had slipped and fallen at work and was accordingly
unfit for work. However, surveillance evidence proved him to be exaggerating and showed him walking freely
despite his alleged injury being corroborated by his physiotherapist and an occupational health adviser.
Pulling a sickie
is dishonest and a fundamental breach of contract
4. To help employers deal with the financial risks created by Employment
Tribunal claims, Rollits has relaunched their Employment Protection Scheme.
The benefits are:
Financial certainty – You can set a budget from employment law costs.
Cash flow friendly – You can spread the cost of the insurance and
employment law services (HS by arrangement) through a monthly
payment facility.
Flexibility – The package can be tailored to meet your exact requirements.
Face to face – A dedicated lawyer is just a phone call away.
Regulated expert advice – We are regulated by the Law Society and are
required to act in your best interests.
The services will be carried out by the qualified lawyers. The service is an
alternative to insurance backed products which create onerous and costly
long term arrangements and which require you to access advice from
impersonal telephone helplines where the advice given is often unreliable
and risk averse.
Full details are available upon request
but if you would like a free audit of
your current policies and practices
please contact Donna Ingleby, Rollits
Head of Employment.
Direct Dial 01482 337314
Email donna.ingleby@rollits.com
Information
If you have any queries on any issues raised
in this newsletter, or any employment
matters in general please contact Donna
Ingleby on 01482 337314.
This newsletter is for the use of clients and
will be supplied to others on request. It
is for general guidance only. It provides
useful information in a concise form.
Action should not be taken without
obtaining specific advice.
We hope you have found this newsletter
useful. If, however, you do not wish to
receive further mailings from us, please
write to Pat Coyle, Rollits, Citadel House,
58 High Street, Hull HU1 1QE.
The law is stated as at 15 April 2016.
Hull Office
Citadel House, 58 High Street,
Hull HU1 1QE
Tel +44 (0)1482 323239
York Office
Rowntree Wharf, Navigation Road,
York YO1 9WE
Tel +44 (0)1904 625790
rollits.com
Authorised and Regulated by the Solicitors
Regulation Authority under number 524629
Rollits is a trading name of Rollits LLP.
Rollits LLP is a limited liability partnership,
registered in England and Wales,
registered number OC 348965, registered
office Citadel House, 58 High Street, Hull
HU1 1QE
A list of members’ names is available for
inspection at our offices. We use the term
‘partner’ to denote members of Rollits LLP.
Page 4
Employment Focus
April 2016
Employment Protection Scheme
Whilst claims in the Employment Tribunal have reduced significantly since the introduction of fees
in the Employment Tribunal in July 2013 – those claims that do exist and are not resolved through
ACAS pre-conciliation are increasingly costly and complex.