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Hammersmith Employment Law Blog

The Rise in the Small Claims Limit and the Law of Unintended Consequences

Insurance companies do not pay Solicitors very much money for defending personal injury claims. To paraphrase the old adage, if you sell it cheap, you have to pile it high and that means that in order for Solicitors to make money defending personal injury claims, they have to take them in bulk and turn them over quickly. This approach leads to the much maligned 'factory firms', that largely specialise in road traffic accidents, the largest and easiest, sector of personal injury to litigate.

The Psychoactive Substances Act 2016 - ARE YOU READY?

The Psychoactive Substances Act 2016 is expected to come into force on 6 April 2016 and now is the time for you to review your policies and add your Company's psychoactive substances policy.

The Act describes a psychoactive substance as a substance that either stimulates or depresses the person's central nervous system, which affects the person's mental functioning or emotional state. In their publication, ACAS stated that there was an increase during recent years in the sale and use of psychoactive substances which are not banned by the Misuse of Drugs Act.

How To Manage A Employee's Poor Performance?

For an employer managing poor performance is rarely simple or swift as it can be due to a number of issues including ill health, negative attitude or lack of skill. Choosing the correct procedure to follow can be very tricky. The capability and conduct procedure may not be suitable if the poor performance is due to ill health or disability.

ARE YOU READY OR DO YOU NEED A NUDGE?

National Living Wage

The introduction of a compulsory National Living Wage in April 2016 for all working people aged 25 and over will be set at £7.20 per hour. Rogue employers who do not pay their workers the new Living wage will face severe penalties among them doubling the penalties for non-payment of National Minimum Wage and Living Wage from 100% to 200% but this will be halved if employers pay within 14 days.

Recent Cases Updates - Personal Injury

If you have been involved in an accident that was the fault of someone else, then Charles Gregory may be able to assist you in recovering compensation from the responsible party.

Charles Gregory are actively pursuing compensation for injuries sustained due to:

•· accidents at work

•· on the road

•· in public places

•· negligent medical treatment

Outsource Is The Secret To Success For Businesses?

In our experience every start up company's business plan is to focus on growing their business and giving their existing clients the best possible service. The aim of every business ultimately is to make profit and avoid any problems with their clients, suppliers or employees.

Should You Monitor Your Employees' Use Of The Internet?

What should you do, as an employer, if you find out that some of your employees make private use of the Company's facilities such as the telephone, internet or email? What should you do if you find that your employees use social media to send private messages during working hours?

Does An Arbitration Agreement Survive The Termination Of The Main Contract?

Our business clients are always looking to save time and money therefore, we always advise them to have a dispute resolution clause in the commercial contracts we draft for them. The dispute resolution clause may be a tiered dispute resolution clause that requires the parties to engage in a series of steps, such as negotiation or mediation and if failed, submit the dispute to arbitration.

Should You Agree To Postpone a Disciplinary Hearing?

Good employers know that they must have Disciplinary & Grievance procedures in place. They also know that they must follow their procedures in a reasonable and fair way to avoid claims for failure to follow procedures. The implications of not following procedures can be serious and depends on whether the procedures are contractual or not. If the procedures are contractual your employee may sue you for breach of contract for failure to follow procedure. However, if the Disciplinary procedures are not contractual and your employee wins their case and shows that you failed to follow the correct procedures, the tribunal may increase the award against you by up to 25%.

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