Too much time off
Article Abstract:
Employers can effectively deal with employee absenteeism provided a number of procedures are followed. Employees who are absent without notice are liable under s 57 of the Employment Protection (Consolidation) Act of 1978. However, a single offense is not enough to warrant termination. Employees can first be issued a verbal warning, then a written warning, followed by a final written warning before termination. The performance of any disciplinary hearingshould also be accompanied by an appeal procedure. On the other hand, dismissals due to illnesses are justified if these prevent employees from performing the duties stipulated in their employment contracts. Contracts of such employees can be considered discharged by frustration, to prevent claims of unfair dismissal. However, employers should also consider if absences were due to long-term illness or minor ailments.
Publication Name: Accountancy
Subject: Business
ISSN: 0001-4664
Year: 1993
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Insurance law: warranties and non-disclosures
Article Abstract:
In principle, an insuree is required to disclose to the insurer all pertinent information when applying for insurance. The question arises as to whether the person being insured must volunteer information or will only have to respond to questions asked. Several legal cases are cited including Dawsons Ltd. v Bonnin, Schoolman v Hall, and Hair v Prudential Assurance, and these show some inconsistencies in interpretation of the law since in some cases judges have ruled for the insurance company where information was later found to be withheld, and at other times for the insuree, even though the circumstances seemed similar. An Insurance Law Reform Bill has been proposed which would cover insurance to individuals and would clarify non-disclosure and breach of warranty. It would seem useful to separate individual insurance from business and marine law in this respect.
Publication Name: Accountancy
Subject: Business
ISSN: 0001-4664
Year: 1986
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Takeover watchdog continues to bite
Article Abstract:
The UK Takeover Panel was not as busy in 1990 as it was in 1989 due to the drop-off in the number of takeovers. The Takeover Code was amended in 1989 after several controversial management buyouts (MBOs), and new rules were implemented to protect shareholders. In the case of an MBO, shareholders are to receive independent advice, and their advisers are guaranteed access to the same information enjoyed by the principals in the MBO. In addition, all bidders in an MBO are given access to information which the firm has given to the banks that are financing the bid. The Takeover Panel has also been involved in enforcing rules pertaining to purchases of shares at above the offer price, and in enforcing absolute secrecy before the announcement of an offer.
Publication Name: Accountancy
Subject: Business
ISSN: 0001-4664
Year: 1990
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