| THE EDITOR'S MESSAGE |
Issue 856 |
| MODEL MEDIATION POLICIES AND DOCUMENTS |
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Following the repeal of the statutory dispute resolution procedures and with mediation being promoted in the foreword to the revised “Acas code of practice on disciplinary and grievance procedures”, many employers will be considering introducing a mediation option into their procedures. XpertHR provides three model mediation documents for guidance.
An employee takes a period of maternity leave followed by a period of parental leave. In which circumstances will she not have the right to return to work in her original job? The XpertHR worked examples section provides guidance through workplace scenarios.
Recent additions to the XpertHR case reports section include Stuart Peters Ltd v Bell. Here, the Employment Appeal Tribunal (EAT) considered the applicability to a case of constructive dismissal of the principle that, where an employee is unfairly dismissed without notice or pay in lieu, compensation should include pay for the full notice period, with no account taken of earnings from other employment.
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Joanna Stubbs,
Editor,
Employment Law Bulletin |
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| PERSPECTIVE |
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 Tribunal rejects challenge to Agenda for Change validity
An employment tribunal has rejected claims that the Agenda for Change job evaluation scheme was invalid. Consultant editor Darren Newman explains what the claimants were hoping to achieve, and considers the inherent complexity of assessing the value of jobs under such schemes.
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| WORKED EXAMPLES |
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| CASENOTES |
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Unfair dismissal
Stuart Peters Ltd v Bell
The EAT holds that the Norton Tool principle, under which compensation for unfair dismissal includes full payment for the employee’s notice period, even if the employee found work during that period, applies in cases of constructive, as well as express, dismissal.
Contracts of employment
Small and others v Boots Co and another
The EAT holds that the fact that the employer had stated that a bonus was discretionary did not necessarily mean that it had no contractual effect. The employer’s discretion could relate to: whether or not to operate a bonus system at all; whether or not to award a bonus in a given year; or the amount of bonus to be awarded.
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| MODEL POLICIES AND DOCUMENTS |
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Mediation policy
Use this model mediation policy to give parties the opportunity to resolve workplace disputes through mediation. [full XpertHR subscription required]
Mediation agreement
Use this model mediation agreement to set out the terms of a mediation process prior to its commencement. [full XpertHR subscription required]
Mediation contract clause
Use this model mediation contract clause to give the option for workplace disputes to be resolved through mediation. [full XpertHR subscription required]
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| FREQUENTLY ASKED QUESTIONS |
We provide the answers to the following questions:
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| FROM THE BLOG |
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Launched and run by the editorial team that produces XpertHR and the IRS e-journals, the Employment Intelligence blog is regularly updated with news, comment and links to the latest employment developments.
Here’s a selection of recent posts:
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| MORE FROM XPERTHR... |
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Today's tip: using the XpertHR legislation service
Do you want to check the definition of “night worker” in the Working Time Regulations 1998 or see what s.98 of the Employment Rights Act 1996 says? For those occasions when you need to see the actual wording of acts or regulations, XpertHR provides access to the LexisNexis Butterworths legislation service, a regularly updated resource providing the full text of all UK legislation with an impact on employment relations.
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