Jun/090
Bath Players Stand-off Against Club
As part of a their contract, 5 or more Bath players have been asked to provide urine, blood and hair samples to quash rumours there has been drug taking at an end of season party. The players have said they will provide urine and blood samples but refuse to provide hair samples.
Though Cocaine can be traced through hair follicles for up to 3 months, it cannot be said as to when exactly the cocaine was taken, which therefore leads to the debate as to what time is for work, what time is the players free-time. If the cocaine was taken during their personal time should they still be held accountable?
By the players refusing to give any one of the required tests, they are in breach of contract and their actions will then be held against them.
Jun/090
Redundancy Advice
Employers are facing claims that they have not dealt with redundancies in the way outlined by established law. It shows that in many cases there is bad communication between employers and employees. The law states, and in the current economic climate are re-enforcing, that when dealing with redundancy there needs to be plenty of notice given. Whether it be full redundancy or pay cuts, the employee needs to have a set amount of notice period.
If there is just one person facing redundancy, the employer must let the employee know in a one to one consultation 1 one month minimum prior to the redundancy being enforced. If there are over 100 employees to be made redundant, there should be a notice period of at least 90 days. Those employees who have not received this notice are now going to the Employment Tribunal to make claims against their employers.
Jun/090
National Minimum Wage
This year the National Minimum Wage is 10 years old.
From the 6th April 2009 employers will face a penalty if HM Revenue and Customs discover they have failed to pay the National Minimum Wage and workers will be entitled to have arrears of wage repaid to them at the current rate. These changes have been introduced by The Employment Act 2008.
If HMRC find that there has been an underpayment of the National Minimum Wage in an investigation that is ongoing from the 6th April 2009 they may issue a notice of underpayment requiring the employer to repay arrears to the workers and to pay a financial penalty to the Secretary of State. Employers will be able to appeal against the notice of underpayment to an Employment Tribunal.
The Employment Act 2008 also makes changes to the way that criminal offences under the National Minimum Wage Act 1998 are investigated and enforced and from the 6th April 2009 the most serious cases will be triable in the Crown Court. The Act also gives HMRC the power to use search and sieze powers in the Police and Criminal Evidence Act 1984 when investigating criminal offences under the National Minimum Wage Act.
This now means that employers who deliberately fail to pay the minimum wage may face stiffer penalties.
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