Speak English at Work?

Arts and crafts chain Hobbycraft have been reported to have told employees that they must speak English on the premises during working hours or they could be subject to disciplinary procedures.

Staff were told that it was the chain’s policy that only English should be used and if they were caught breaching the rules there would be sanctions. A representative from Hobbycraft said:  'Having the ability to speak English is part of the recruitment criteria in our distribution centre. Therefore, we do ask that during working hours in the warehouse colleagues speak English. This is to create a good working environment where all colleagues can communicate effectively’

The firm claims employees speaking in their native tongues produces difficulties in the workplace; this has been refuted by employees.

Legally Hobbycraft are on shaky ground and they could be found to be indirectly discriminatory which could lead to compensation claims. In order to be able to defend any such claims Hobbycraft would have to show it is objectively justified as a proportionate means of achieving a legitimate aim. The would need to show good business reasons for the measures and the circumstances in the workplace.

The fact that the measures only take place during ‘working hours’ as opposed to a blanket ‘premises ban’ may assist Hobbycraft. In addition if they could show staff morale was affected resulting in high turnover and that staff were not communicating effectively as a team causing this could go towards showing the measures are justified. In addition complaints from customers or issues with customer service could also be a consideration.

 

Elissa Thursfield

Elissa.thursfield@gamlins.co.uk

 

Gamlins are the leading Employment Law specialists in North Wales. Are you having problems with employees at work? Is discrimination a problem in your workplace, or do your staff suffer with language barriers? Contact us to discuss how we can help you mitigate your legal risk.

Police Pay Out Controversy: Who is to blame? (The Michael Baillon Case)

Police Pay Out Controversy

The press has been rife with outcry over the £449,000 sum awarded to Mr Michael Baillon for his constructive dismissal from the police force. Commentators have blamed the ‘compensation culture’, ‘greedy lawyers’ and ‘broken system’. Many have asked why a policeman who had arguably behaved improperly should be awarded such an enormous sum from tax payer funds.

People have been quick to blame my Baillon and his legal team, how dare he be awarded such a sum. Critics should however bear in mind he had a significant helping hand from the police along the way.

The incident at the crux of the matter is the videoed antics of Mr Baillon as he attempted to remove a member of the public from his car. The car had already been stopped once as the driver had failed to wear a seatbelt. The driver subsequently drove off while the police were speaking to him leading to a chase. Upon stopping the car some time later the police attempted to break into the car in order to remove the un-cooperative driver. The subsequent video  led to Mr Baillon becoming a laughing stock amongst this colleagues.

Crucially, following an inquiry, Mr Baillon was found not guilty of misconduct but the force decided to remove him from front line duty. In addition to removing him from his position Mr Baillon suffered sustained bullying from his colleagues in relation to the incident, this bullying lead to his resignation.

Critics have stated ‘he should have a tougher skin’, ‘work place banter is the norm, get used to it’, and ‘if he couldn’t take it he shouldn’t be in the police’. Fundamentally employees are entitled to an abuse free and safe workplace. The police failed to provide Mr Baillon with a safe work environment and failed to intervene when colleagues tormented him.

So why the enormous pay out? As a member of the police force Mr Baillon was fortunate to be part of a final salary pension scheme. Immensely valuable such pension schemes are generally only available in the public sector, police, fire service and teachers are good examples. It is these pension schemes which have been the source of multiple strike action over the last few years. Dubbed ‘gold plated pensions’ they effectively promise to pay out for the rest of your life based on the salary you were earning when you retire. Defined contribution schemes, which the majority of the private sector receive, are based on what each individual pays in and how that investment performs, there is no guarantee with regards to what you will receive when you retire.

Mr Baillon’s pay out was based on the losses he would experience for no longer being part of his final salary pension scheme, he would now be subject to the fate of ordinary pension schemes and uncertain retirement.

So who is at fault? The driver who broke the law and failed to stop and showed a blatant disrespect for the police officers’ authority? The police for failing to protect one of their employees? The colleagues for implementing a sustained bullying campaign? The case highlights the need for the force to get their HR systems in order and start running a tighter ship within their stations. It sends a stark message to employers, know your work force, understand your employees and act quick.

 

Gamlins are the leading Employment Law specialists in North Wales. Are you having problems with employees at work? Is bullying a problem in your workplace? Contact us to discuss how we can help you mitigate your legal risk.

elissa.thursfield@gamlins.co.uk

Settlement Agreements: An Employer's Guide

Settlement Agreements: An Employer’s Guide

What is a settlement agreement?

A settlement agreement (formerly known as a compromise agreement) is a legally binding agreement between a business and an employee under which the employee agrees to settle their potential claims and in return the employer will agree to pay financial compensation. Sometimes the agreement will include other things of benefit to the employee, such as an agreed reference letter.

Claims which can be settled include Unfair Dismissal and Discrimination.  

There are a number of statutory claims that cannot be settled by entering into a settlement agreement, including some types of:

• Personal injury claims.
• Pension claims.
• Claims following the transfer of a business.

When are they appropriate?

An employee can make a claim against a business under both their contract of employment and under statute. In many cases, a business may want to make a payment to an employee in return for an effective waiver of their potential claims. Businesses can enter into an agreement with an employee to settle potential claims when they are still working for the business, but in most situations, their employment will have ended (or be about to end). Although it is usual for compromise agreements to be entered into where employment has terminated (or is about to terminate), it is possible to enter into one where employment is continuing. Although it is usual for compromise agreements to be entered into where employment has terminated (or is about to terminate), it is possible to enter into one where employment is continuing. Unlike contractual claims, which can be waived by entering into a contractual waiver of such claims, statutory claims can only be waived in prescribed ways, one of which is by means of a compromise agreement Although it is usual for compromise agreements to be entered into where employment has terminated (or is about to terminate), it is possible to enter into one where employment is continuing. Unlike contractual claims, which can be waived by entering into a contractual waiver of such claims, statutory claims can only be waived in prescribed ways, one of which is by means of a compromise agreem

Legal Requirements

For a settlement agreement to be legally binding, there are a number of conditions that must be met inlcuding:

• The agreement must be in writing.
• The agreement must relate to a particular complaint or particular proceedings.
• The employee must have received legal advice from a relevant independent adviser (for example, a qualified lawyer or union official) on:
• the terms and effect of the proposed agreement; and
• its effect on their ability to pursue any rights before an employment tribunal.

Possible content of a settlement agreement

Other than the legal requirements listed above, the contents of a settlement agreement are largely at the discretion of the business and the employee involved. Examples of common clauses include:

• Compensation for loss of employment.
• Contribution to legal fees.
• Waiver of claims by the employee, including warranty that the claims listed are the only claims which the employee has against the employer.

Confidential information

Protecting confidential information is usually crucial to a business and therefore settlement agreements often contain confidentiality provisions, you solicitor can advise you in relation to these to ensure they are enforceable and sufficiently protect your business.

 

Gamlins are Employment Law specialists based in North Wales with a wealth of experience advising employees and businesses across the region.

 

Elissa Thursfield elissa.thursfield@gamlins.co.uk