How to deal with overpayments made to employees
In the latest addition to the XpertHR "How to" service, we give guidance on seeking restitution for accidental overpayments to employees.
Casenotes
Statutory dispute resolution procedures: Homeserve Emergency Services Ltd v Dixon
The EAT holds that an employer complied with step one of the statutory dismissal and disciplinary procedure when it called an employee to a disciplinary meeting by a letter that implicitly, although not expressly, indicated that dismissal for misconduct was contemplated.
Disability discrimination: Scottish and Southern Energy plc v Mackay
The EAT holds that failure by an employer to consult directly with a disabled employee about the possibility of his taking up less-stressful alternative work rendered the employee's subsequent dismissal unfair, but did not in itself amount to a failure by the employer to make reasonable adjustments.
Employment status: National Grid Electricity Transmission plc v Wood
The EAT holds that, where an individual was engaged as an agency worker but in the course of his work entered into direct negotiations with the end user about his terms and conditions on issues relating to pay, notice and holiday, it was necessary to imply a contract of employment between him and the end user to reflect the reality of the relationship.
Age discrimination: Recent tribunal decisions
A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006, which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.
News
Government consults on information sharing
The Ministry of Justice has launched a consultation on how personal information is used and shared in the public and private sectors, as part of an independent data-sharing review.
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