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Masthead Local Govt - Employment

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Disciplining councillors

The High Court has handed down an important ruling on the obligation to discipline councillors under the code of conduct procedure. Richard Clayton QC and Jonathan Goolden look at the lessons for local authorities.

News headlines

May 21, 2018

Councillor succeeds in High Court challenge to imposition of sanctions

A councillor has won a High Court battle with a town council in Herefordshire over sanctions the authority imposed following a complaint by the clerk and deputy clerk.
May 17, 2018

Bailed chief executive at Liverpool City Council resigns

Liverpool City Council chief executive Ged Fitzgerald has resigned a year after he stepped aside from the role following his arrest along with three other men as part of an investigation into conspiracy to pervert the course of justice and witness…
May 17, 2018

Disabled teacher who showed horror film to class wins £646k payout

A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.
May 16, 2018

Tribunal rejects claims of detriment from safeguarding lead who sued for £1.4m

An Employment Tribunal has rejected whistleblowing allegations made against North Somerset Council by a former service leader in safeguarding.
May 02, 2018

Welsh council wins appeal over whether SEN allowance was payable to teachers

A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts.

Features and analysis

Time extension and ACAS EC

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In a case involving a borough council the Employment Appeal Tribunal has endorsed the sequential approach to time extension for ACAS EC (early conciliation), report Craig Ludlow and Sarah Bowen.

Variation of contracts and lack of protest

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A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

Payment for being on stand-by

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Are workers entitled to be paid when on stand-by? Allison Cook reports on a significant ruling by the European Court of Justice.

Dismissal and contractual notice

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The Supreme Court has ruled that written notice of dismissal is only valid once read. Phil Allen considers the implications.

Older articles

Apr 23, 2018

Employees win Court of Appeal dispute with council over pay increases

Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.
Apr 18, 2018

Judge hears case over councillor behaviour, employee grievances and codes of conduct

The High Court has this week (17 April) heard a judicial review challenge brought by a town councillor over the imposition of sanctions.
Apr 13, 2018

Multiple allegations of misconduct

In situations where there are multiple allegations of misconduct, employers need to tread carefully to avoid unfair dismissal, writes Mark Foster.
Apr 06, 2018

TUPE and gaps between contracts

The Advocate General of the European Court of Justice has confirmed that a five-month gap in operations does not necessarily prevent TUPE applying. Doug Mullen looks at practical guidance for employers where there is a gap in operations.
Apr 05, 2018

County council to take action after governance failures at development subsidiary

Northumberland County Council is to make radical changes to the governance of its wholly-owned development company Arch after auditors found a host of irregularities and “significantly lax” employment and payroll practices.
Mar 29, 2018

Teachers and disclosure of relationships

The Supreme Court recently upheld the fairness of the dismissal of a head teacher, for non-disclosure of a relationship with a convicted sex offender. Phil Allen looks at the lessons from the judgment.
Mar 23, 2018

TUPE and fragmented services

Harmajinder Hayre looks at a case which illustrates the importance of identifying the pre-transfer activities in a service provision change.
Mar 15, 2018

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose

The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.
Mar 08, 2018

Supreme Court to rule next week on disclosure obligations of head teachers

The Supreme Court will next week (14 March) rule on the scope of a head teacher’s contractual obligation of disclosure and her right to a private life.
Mar 08, 2018

Council admits chief inspector of weights and measures was not properly qualified

Cheshire East Council has admitted that its chief inspector of weights and measures did not have a required qualification for the job.
Mar 08, 2018

Employment law and workplace equality

With International Women’s Day taking place on 8 March, Andrew Brett looks at the extent to which UK employment legislation has helped to achieve equal rights for women and whether more work is needed to achieve equality in the workplace.
Mar 06, 2018

Ministers rule out imposing mandatory reporting of child abuse

The government has ruled out mandatory reporting of child abuse, in a move welcomed by the Local Government Association (LGA) and the Association of Directors of Children’s Services (ADCS).
Mar 02, 2018

Discrimination claims and time limits

Can the entirety of a disciplinary process amount to 'conduct extending over a period', thus preventing a claim from being out of time? Nick Murrell discusses this in relation to a recent case involving a NHS trust.
Feb 22, 2018

Ex-council worker fined for illegally sharing personal information

A former local authority education worker who admitted to unlawfully obtaining and sharing personal information about schoolchildren and their parents has been fined £850 and ordered to pay £713 in costs. The Information Commissioner’s Office said…
Feb 14, 2018

Court to hear judicial review brought by town councillor over complaints handling

Judicial review proceedings are due soon to start in a case brought by a town councillor against her own authority over its handling of staff complaints.
Feb 13, 2018

Union takes legal action over outstanding payments from equal pay settlement

The GMB union has started legal proceedings against Fife Council over the non-payment of equal pay settlements for more than 60 workers.
Feb 09, 2018

Disciplinary action against statutory officers

Sarah Lamont looks at how local authorities can get to grips with the new regime for disciplinary action against statutory officers.
Feb 07, 2018

Flexible and vulnerable workers to benefit from enhanced employment rights: PM

Employees are to get new rights to sickness and holiday pay, Prime Minister Theresa May has announced.
Feb 06, 2018

Council fined £100k after vulnerable employee hit by reversing dust cart

A London borough has been fined £100,000 after a vulnerable employee was crushed by a reversing dust cart, suffering significant injury.
Feb 02, 2018

Getting out of a fix

Alastair Currie looks at a case involving a doctor which provides useful guidance on the tricky question of fairly dismissing employees on fixed term contracts.

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