Thursday, June 21, 2018

Topic of the Week

Industrial Deafness and Tinnitus

Do you know the loudest environment to work in? You might think it's a building site, a factory or a nightclub. Many are surprised when they are told that call centres rank alongside these as among the loudest places to work?

The number of people suffering from hearing problems is on the increase and many developing problems as a result of their working environment, the decibel (dB) levels reached in the workplace are certainly something all HR departments should be aware of.

Read more: Industrial Deafness and Tinnitus


Providing References for Ex-Employees

Two recent cases provide lessons to be learned when providing references.

In AB v Chief Constable (2014), A obtained a new job, which was conditional on receipt of a satisfactory reference. AB had been off sick for about six months, following the instigation of a disciplinary investigation into suspected misconduct. His Manager agreed to provide a standard reference and not to continue the disciplinary proceedings. The reference request sought details of AB's sickness record in the last 12 months, his reason for leaving and anything further that might be relevant. A standard reference was provided which confirmed the dates of employment, job title, that it was not the employer's policy to provide any further information and a disclaimer of liability for the content of the reference. The job offer was confirmed and AB resigned.

Read more: Providing References for Ex-Employees


Social Media and Employment

Employers, Employees and Job Applicants are using social media as a valuable tool but it must be used correctly to avoid claims against the Organisation or from being dismissed. Just having a social media policy alone does not deter the most intelligent of people from making errors of judgement.

All levels of Staff with the Organisation's should be provided with the Organisation's social media policy during the induction process. It is essential to ensure that each individual understands the policy along with the do's and don'ts of using social media forums such as Facebook, Linkedin or Twitter.

Employment Case law surrounding social media has demonstrated that provided it can be proved that any comments etc. made on social media sites has a detrimental effect on the Organisation and that the Organisation has acted reasonably in its actions, dismissal of an Employee is very likely to be fair.

Read more: Social Media and Employment


Employers May Have To Include Commission When Calculating Holiday Pay

Current UK law does not require commission to be calculated in holiday pay.  However, a recent case from theCourt of Justice of the European Union (CJEU)Lock v British Gas Trading provoked the opinion from the advocate general that commission should be paid during annual leave if it is directly linked to work normally carried out by the Employee and is a ‘constant component of remuneration’.

Read more: Employers May Have To Include Commission When Calculating Holiday Pay


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