Pitchcare: Employment Law, Help & Advice

Pitchcare are pleased to promote the Law Care section on behalf of Ian Macmillan B.Sc MG.APLL.FSSP.B.A.(hon)Laws. The aim is to offer a highly personal and excellent value-for-money legal service to the users of the Pitchcare magazine and web site.

Ian has spent a lifetime in and around the golf industry, and is very proud to have qualified as Scotland’s first Master Greenkeeper. He is well placed indeed to understand the problematic situations which can arise within the turf grass industry.

Ian has gone back to school and earned himself a BA Honours degree in Law, and is an associate of The National Associate of Paralegals in England, and a fellow of The Society of Specialist Paralegals in Scotland.

Through Pitchcare he is here to help one and all and to date his success rate in representation, like Ironside, is 100%. If Ian thinks you have a case, he will represent you.

SERVICES

• Full representation at disciplinary, grievance and dismissal hearings.
• Liaison with ACAS with a view to conciliation and mediation. (It is very true to say that compromise can be a significant consideration.)
• Correspondence directly with other party solicitors.
• Preparation of bundles for tribunal.
• Attendance and representation at tribunal.
• All relevant court correspondence.
• Member of The Scottish Mediation Network, full mediation services with a view to resolving alternative dispute resolution.
• Small claim court preparation and representation.
• Summary action preparation and representation.
• Employment Law Basic training
• Health and Safety (Law implications only)

FAQ's

Question

I am a Head Greenkeeper at a small club where I have worked for three years. During my annual appraisal in April my employer (committee) told me that they were unhappy with my course husbandry and aesthetic approach to my course and that I would have to improve in this direction. Since then I have tried to alter my maintenance procedures to improve the appearance of my course,and I firmly believe I have accomplished this as I get lots of compliments from the members relating to this.

However, last week,out of the blue and not at a scheduled greens meeting, I was called to the office and told that the standards they require were not being met and advised that my performance was not of their expectations and that they would have to dismiss me. I was asked to clear my belongings from the shed and hand over my keys. I was paid four weeks wages and offered a reference.What can I do?

Answer

Following the Employment Act (dispute resolution) Regulation 2004, your employer is legally required to follow a statutory minimum dismissal and disciplinary procedure before dismissing you not to mention the requirement to have issued an improvement notice with a realistic achievable period. From what you have said your employer has not complied with either requirement to any extent.

The standard statutory minimum dismissal and disiplinary procedure comprises of three steps. First, the employer must write to you detailing this alleged conduct that led to them contemplate dismissing you or taking disciplinary action against you, and you should be invited to attend a meeting to discuss the matter. On the basis that you had no prior knowledge of the meeting at which you were dismissed, your employer has FAILED to comply with this.

Secondly, a meeting must take place before any action is taken, and you must be given reasonable opportunity to consider your response to your employers claim. Further,you should have the right to be accompanied by a colleague or a trade union representative. Again your employer has failed to comply. The final step is the right to appeal and it would appear that your committee has also failed to afford you this right. As a result of your employers failures to follow the statutory dismissal and disciplinary procedure your dismissal is very likely to be considered to be automatically unfair and the issue of your performance on the course is IRRELEVANT.

Question

I was made redundant last year and have since applied for several positions within the turf grass Industry. For some Reason, I suspect my last employer has not been favourable with References. My question is, can I find out what they supply to prospective employers. I really need to know?

Answer

The Data Protection Act 1998 states that you have the right to contact your former employer asking for information held on you. The Club you worked for has 40 days from receipt of your written request to provide you with any personal date it holds on you, although they may charge ten pounds for this service. However references are an exception to this rule. You do not have the right to be provided with any confidential job references an employer has given about you. But your potential boss might show you a copy of the information he has received if you ask.

To correct any misleading information, you might apply for a court order. But the most sensible first step is to contact your former employer to ask for any inaccurate details to be altered.

Question

There seems to be an increase in companies offering promotional gifts on certain purchases. Is it ok, for me to accept the gifts on offer or is it against the law? As things have tightened up in the workplace I usually avoid such offers. Am I missing out?

Answer

Whether or not you are entitled to keep promotional gifts is not a question of Law “but a question of fact! The fact being dependent on your employers Employment Policy and the express terms of your contract. Understandably, employers are often concerned that employee’s decisions may be unduly influenced by the supplier’s promotion! For this reason some employers do not allow their employees to accept anything like this, and this should be established in the first instance. Others take a more relaxed view, but require staff to declare any items received, to ensure that everything is proper and above board, and does not relate to express terms as indicated. Whether the employee can accept gifts also vary according to the management structure of the club and whether it is a public course or a private members or indeed, hotel linked. Turn to the Employee Handbook to get information on the conduct expected from employees of the your club, and if you are offered gifts from a third party, is it permitted? If there is no contractual clause or club policy on this, speak to your employer and seek their opinion on this vague matter. Making sure you do not jeopardise your employment! Also be aware, that if you receive gifts from the same supplier, and their total value exceeds £150 in a tax year, tax will be payable on the full value of the gifts. Worth thinking about! Ere on the side of caution and if appropriate, enjoy your gifts with a clear conscience without breaking the Law!


Full Indemnity cover is provided on all services

For all enquiries please contact Ian via e-mail for an initial free consultation. ian@macmillanlegal.co.uk or ian@joblaw.co.uk