Acas gets hundreds of calls every Christmas from organisations with problems and has answered just a few of the more critical questions in a recent press release. They are not simply about problems caused by excessive drinking, but cover discrimination issues and the payment of Christmas bonuses.

A key recommendation is that employers should have policies and procedures in place to cover the key issues like discipline and grievance, bullying and harassment, discrimination and absence.

...back to 8 December 2005

Sources:
Acas gives companies free 'Happy Christmas Party' advice

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In the case Jones v O'Brien, in a decision given on 12 July 2005, the Scottish Court of Session (Inner House) considered the way in which a year's employment should be calculated to determine entitlement to unfair dismissal rights.

Section 210(2) of the Employment Rights Act 1996 (ERA) says that, whenever the Act refers to a period of continuous employment expressed in months or years, a month means a calendar month, and a year means a year of twelve calendar months.

To benefit from the right not to be unfairly dismissed and the right to a written statement of reasons for dismissal, section 108 of ERA says that an employee must have been continuously employed for a period of not less than one year ending with the effective date of termination.

And, according to section 211(1) of ERA, an employee's period of continuous employment begins with the day on which the employee starts work.

The issue before the court was whether Ms. O'Brien had a year's continuous employment when her first day of employment was 8 April 2002 and the date on which her notice ended was 7 April 2003. It was argued before the court that, just as a calendar month starting on 8 April would end on 8 May, so a calendar year starting on 8 April would end on 8 April in the following year. However, the court's view was that, as the period of a year includes the first day of employment, Ms. O'Brien had one year's continuous employment on 7 April in the following year. Otherwise, it would mean that a year would have 366 days, and 367 days in a leap year. Ms. O'Brien was still employed on 7 April 2003 so she had a year's continuous employment and her claim of unfair dismissal could therefore be considered by an employment tribunal.

...back to 21 July 2005

Sources:
Scottish Court of Session Decisions

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