CM December DECEMBER 2018

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HR MATTERS ROUNDUP Unintended Consequences Giving notice but not resigning, searching an employee’s mobile phone, and the new parental bereavement act. CAN an employee ‘resign’ and not mean it? It appears that they can following East Kent Hospitals University NHS Foundation Trust v Levy. The claimant, Mrs Levy, was employed in the records department of the trust. She successfully applied for an internal position in the trust's radiology department, subject to pre-appointment checks. After having been given the conditional offer and following some form of altercation with another staff member in the records department, Levy handed in a letter stating: ‘Please accept one month's notice from the above date’. On receiving this letter Levy's manager wrote back accepting the ‘notice of resignation’ and referring to her last working day in the records department. AUTHOR – Gareth Edwards Her manager did not complete a staff termination form and did not deal with any other outstanding issues, such as making a payment for accrued but unused annual leave. Following the completion of the pre-appointment checks, the offer of a position in the radiology department was withdrawn, prompting Levy to attempt to retract her notice. The trust refused to accept the withdrawal of her notice, stating that her employment would end at the end of her notice period. Levy made an unfair dismissal claim stating that she had not resigned. The Employment Tribunal (ET) held that Levy's letter had been ambiguous as to whether she was giving notice to leave the records department or the trust. The ET went on to find that, from the trust’s actions, it could be shown that the notice had been taken by the trust to be notice of Levy's departure from the records department and therefore Levy had not resigned. Her unfair dismissal claim was successful. The Employment Appeal Tribunal (EAT) agreed with the ET, holding that Levy's letter had been ambiguous despite the use of the word ‘notice’. On these particular facts, the EAT held that the ET had been entitled to find that the words used in the letter related to Levy's position in the records department. The decision highlights that employers should not be too eager to accept an employee's apparent resignation without considering the meaning behind it, particularly where there could be any ambiguity as to the employee's intentions. Changing phone passwords without permission IN what circumstances can an employer search an employee’s mobile phone? The High Court case of Richmond v Selecta Systems Limited offers guidance in that it found that a search can be conducted where a company wants to protect its interests, has a reasonable suspicion that an employee has openly taken confidential information, and the mobile phone has been provided by the employer. However, in this case, the managing director's actions of changing the employee's passwords in relation to personal accounts (iTunes, iCloud and WhatsApp) while searching for information, because some company data was found, was deemed a step too far. The court found that the employer had breached their duty of care owed to the employee who was deprived of access to his personal accounts and was therefore awarded £1,000 compensation. The employer had been in discussions with the employee who had worked for the company for over 20 years, as to the terms of his departure from the company. The employer knew that the employee had previously asked for copies of client information to be made for him to keep at home. The employee was involved in a sales role and worked from home from time-to-time. The information being sought included customer contact information as well as discounted price structures for the company's products. The latter being commercially sensitive information. New Parental Bereavement Act 2018 UNDER the Parental Bereavement (Leave and Pay) Act 2018, parents who suffer the death of a child under the age of 18, or a stillbirth from 24 weeks of pregnancy, will be entitled to two weeks paid leave. The Act, which is expected to come into force in 2020, will give bereaved parents a statutory right to two weeks' pay by inserting new sections (80EA- 80EE) into the Employment Rights Act 1996. This new right will be subject to employees meeting eligibility criteria similar to that of statutory paternity pay, which includes having had 26 weeks continuous employment. However, much of the detail is still unknown as it will be set out in supporting regulations. The regulations will detail among other things the definition of ‘bereaved parent’; how and when parental bereavement leave and pay can be taken; and the notice and evidence which will be required. Gareth Edwards is a partner in the employment team at VWV.gedwards@vwv.co.uk. The Recognised Standard / www.cicm.com / December 2018 / PAGE 50
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Page 1 and 2: CREDIT MANAGEMENT CM DECEMBER 2018
Page 3 and 4: 4 EDITOR'S COLUMN SEAN FEAST DECEMB
Page 5 and 6: ITSWISETOSTAYALERT! SANCTION &PEP D
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Page 13 and 14: OPINION First impressions Philip Ki
Page 15 and 16: OPINION Sean Feast FCICM Not so Fai
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Page 19 and 20: OPINION BUDGET SURPRISES Time to du
Page 21 and 22: ASK THE EXPERTS AUTHOR - Lauren Car
Page 23 and 24: Exclusive offers for all CICM and F
Page 25 and 26: OPINION AUTHOR - Peter Walker On th
Page 27 and 28: TRADE TALK A true collaboration Wor
Page 29 and 30: Fallen angels in the making FIRMS n
Page 31 and 32: COUNTRY FOCUS AUTHOR - Adam Bernste
Page 33 and 34: OPINION AUTHOR - Chris Sanders FCIC
Page 35 and 36: The Recognised Standard / www.cicm.
Page 37 and 38: PAYMENT TRENDS AUTHOR - Jason Braid
Page 39 and 40: CAREERS ADVICE CREDIT SALARIES UK 2
Page 41 and 42: A Credit Manager walks into a bar
Page 43 and 44: EXCLUSIVE REPORT AUTHOR - Nalanda M
Page 45 and 46: “CSA compliance essentials is a o
Page 47 and 48: CICM QUALIFIED your way CICM qualif
Page 49: CICM MEMBER EXCLUSIVE Your CICM lap
Page 53 and 54: MAKE YOUR CASE Karen Young Peter Wa
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Page 59 and 60: BRANCH NEWS A Successful Re-Launch
Page 61 and 62: MULTILINGUAL SENIOR CREDIT CONTROLL
Page 63 and 64: CICM KNOWLEDGE HUB Access over 1,00
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Page 67 and 68: FROM THE ARCHIVE Credit Management

CM December DECEMBER 2018

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