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Business Development: Playing The Right Card
Leor Franks
The Secretary of State’s speech this morning setting the blueprint for what is being described as one of the biggest shakeups of employment law in a generation is very much to be welcomed. In one sense it brings to an end much of the pretty absurd and unnecessary speculation around what the Government would actually be proposing as a way forward for the reform of our system of workplace disputes. The selective leaks were helping nobody, and just created a climate of uncertainty.
The recent Employment Appeal Tribunal case of Okuoimose v City Facilities Management (UK) Ltd has highlighted the potential risks for employers if they suspend or dismiss an employee on the mistaken belief that the employee is not entitled to reside and work in the UK.
I write this before the dust has settled following Brodie Clark’s appearance before the Home Affairs Select committee. This blog doesn’t wish to comment on who knew what or what policy was or was not in force, but the situation is a terrible example of what damage acting before investigating can do. We have been here before with politicians interfering in an employee’s employment when a high profile disaster strikes - does anyone remember Ed Balls’ ill fated meddling in the Sharon Shoesmith case?
The abolition of unfair dismissal
New research from the Institute for Employment Studies has highlighted the difficulties some employers experience when setting standards of behaviour for the increasing use of social networking tools (including Smart phones, internet, tweeting and blogging) in the workplace. This research prompted the Advisory, Conciliation and Arbitration Service (ACAS) to produce practical guidelines for employers on how to respond to challenges such as ‘Time theft’, defamation, Health and Safety issues, Cyber bullying, Data Protection and Privacy issues, Employer liability, social exclusion and discrimination.
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