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Posts From Brian Butler

How liable is a golf club when someone is hit in the face by a ball?

How liable is a golf club when someone is hit in the face by a ball? 2

🕔12:11, 1.Oct 2018

This article was published in 2012 after a golfer lost an eye after being struck by a ball. We have republished it due to a similar incident at the 2018 Ryder Cup – and included links of legal cases since then when stray balls have hit people.

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Guidance on SOSR and constructive dismissals

Guidance on SOSR and constructive dismissals 0

🕔17:28, 3.Jun 2012

Most clubs will be familiar with the usual ways an employee’s contract can be terminated. These include capability, misconduct, redundancy and breach of a statutory duty. However there is one other – ‘Some Other Substantial Reason’, often referred to as

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What clubs need to know about paternity law changes

What clubs need to know about paternity law changes 1

🕔16:13, 10.May 2012

Employees have the option to take Ordinary Paternity Leave or Additional Paternity Leave. As from April 2012, there are new rates of pay. 1. Ordinary Paternity Leave Employees will need to satisfy the following conditions in order to qualify for

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Employees who suffer from mental illness

Employees who suffer from mental illness 1

🕔15:18, 18.Mar 2012

Question What is the best course of action to take when an employee in work seems to be suffering from some mental condition and is causing concern among other employees? Answer My advice would be to take or send the

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How do employment tribunals decide whether gross misconduct dismissals are fair?

How do employment tribunals decide whether gross misconduct dismissals are fair? 2

🕔15:06, 18.Mar 2012

Let us start by giving brief details of a dismissal that could easily occur in a golf club. An employee is absent from work due to sickness and is in receipt of sick pay during this period of absence. During

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Has the Equality Act made it impossible to dismiss a disabled employee?

Has the Equality Act made it impossible to dismiss a disabled employee? 0

🕔14:48, 15.Jan 2012

We have a disabled employee who may have to be dismissed due to lack of capability. The accepted opinion is that the law is so complex that this is virtually impossible. What does the law actually state and indicate why

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Should we give consultation periods to employees who will be made redundant?

Should we give consultation periods to employees who will be made redundant? 0

🕔14:44, 15.Jan 2012

We have given an employee a 30-day period of consultation prior to his dismissal by way of redundancy. Is this period a matter of law or what is considered reasonable? Answer: The 30-day period applies to collective redundancies, that is

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The law on changing employment contracts

The law on changing employment contracts 0

🕔13:57, 15.Jan 2012

The golf club has made it clear it needs to make economies. The intention is to change staff terms and conditions of employment. Examples for discussion include a reduction in contractual hours of work hence a reduction in pay, no

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Can a golf club change the terms of a bonus scheme?

Can a golf club change the terms of a bonus scheme? 1

🕔15:23, 8.Jan 2012

Can the club unilaterally change the terms of a bonus scheme that is no longer achieving the extra revenue it was designed to deliver? Answer: The definition of wages includes bonus payments, so if the club unilaterally changes the bonus scheme

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Can an employee claim sick leave while working part-time for another employer?

Can an employee claim sick leave while working part-time for another employer? 0

🕔15:18, 8.Jan 2012

We have a part-time employee who we know has other part-time work. Currently she is on sick leave. Can the employee claim sick pay from the club and continue to work part-time for another employer? Answer: Be careful and do not

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Can an employee claim unfair dismissal even if he stole money from us?

Can an employee claim unfair dismissal even if he stole money from us? 0

🕔12:42, 5.Jan 2012

What action should be taken if an employee who has stolen money from the club is likely to claim unfair dismissal knowing that the club is unlikely ever to appear in an employment tribunal? Answer: There are other alternative dispute

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How does an employment tribunal decide if a dismissal is unfair?

How does an employment tribunal decide if a dismissal is unfair? 0

🕔12:35, 5.Jan 2012

The club is facing an unfair dismissal claim from an employee. To assess whether the club should fight the case or go for an ACAS COT 3 Agreement, it would be helpful if you could outline how an employment tribunal

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Is it legal to ask employees about their medical history?

Is it legal to ask employees about their medical history? 0

🕔15:48, 4.Jan 2012

I have heard that some employers are asking employees about their medical history either through a medical questionnaire or as a term of an employment contract. I am told that if employees do not agree to disclose this information they

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Is it legal to sack an employee twice?

Is it legal to sack an employee twice? 0

🕔13:51, 1.Jan 2012

We have an employee who started November 1, 2010. She was not suited for the job and was dismissed on July 1, 2011 with due notice on the grounds of capability. Her contractual notice period was six months. The other

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How the law has changed on paternity pay

How the law has changed on paternity pay 0

🕔13:44, 1.Jan 2012

New employment rights called ‘additional paternity leave’ and ‘additional statutory paternity pay’ are new rights in addition to the existing rights of statutory paternity leave and pay. The new provisions are now in force and apply in relation to babies

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Why do I need two risk assessments following an accident at the club?

Why do I need two risk assessments following an accident at the club? 0

🕔18:57, 31.Dec 2011

We have had an accident in the club. I have been told to have two risk assessments available for the solicitors. Why is this necessary? Answer: If the risk was foreseeable, a risk assessment should already be in place. This would

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Should we advertise for a vacancy when we have a suitable internal candidate?

Should we advertise for a vacancy when we have a suitable internal candidate? 1

🕔18:54, 31.Dec 2011

If the club has an internal candidate for a vacant position must it go to the trouble and expense of advertising a vacancy in the local press? Answer: In my opinion there is a distinction between a vacancy and an appointment.

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Can I use unsigned statements in a case of gross misconduct?

Can I use unsigned statements in a case of gross misconduct? 0

🕔18:49, 31.Dec 2011

I am trying to get evidence from witnesses to support a possible case of gross misconduct. The witnesses do not wish to sign the statements. Can I use the statements in the disciplinary meeting and if the case ended up

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What is the law surrounding first aid at work?

What is the law surrounding first aid at work? 0

🕔18:44, 31.Dec 2011

First aid cover in the workplace is a legal requirement. The Health and Safety Executive (HSE) introduced a new set of regulations which came into force on October 1, 2009. What hasn’t changed is the legal requirement to provide adequate

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How does the Corporate Manslaughter and Homicide Act affect golf clubs?

How does the Corporate Manslaughter and Homicide Act affect golf clubs? 1

🕔17:16, 31.Dec 2011

Had you been in the crown court on February 15, 2011, when Cotswold Geotechnical was prosecuted, you might have found it strange that the dock was empty. The company was there because it is now an offence for a company

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How do employment tribunals calculate time limits?

How do employment tribunals calculate time limits? 0

🕔17:09, 31.Dec 2011

Could you explain how employment tribunals calculate the time limits set by the law? For example, the law states that the time limit for lodging the ET3 is 28 days from the date when the ET1 is sent to the

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Retaining the services of a retiring employee

Retaining the services of a retiring employee 0

🕔17:06, 31.Dec 2011

We have a 65-year-old part-time member of staff who is due to leave at the beginning of February. The leaving date was mutually agreed almost 12 months ago. Recently, the club has asked me about the possibility of retaining his

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Can we redesign the course following health and safety comments from staff?

Can we redesign the course following health and safety comments from staff? 0

🕔10:32, 28.Dec 2011

The club wants to reposition a tee which would improve the course. Some officials have objected on health and safety grounds. How can the club assess whether the health and safety objection has merit? Answer: The health and safety obligation

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The legal ramifications of franchising the bar to a caterer

The legal ramifications of franchising the bar to a caterer 0

🕔10:28, 28.Dec 2011

The club is intending to franchise the bar to the existing caterer. The caterer does not need a bar manager but rather a food and beverage manager. To what extent can the club facilitate the transfer? Answer: The club should

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Holiday pay and the Working Time Regulations

Holiday pay and the Working Time Regulations 0

🕔10:24, 28.Dec 2011

I have been on long term sickness absence. The period of absence was in the previous holiday year. I am now leaving the club but they say I have forfeited my holidays accrued in the previous holiday year and are

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The legal ramifications of employing casuals

The legal ramifications of employing casuals 0

🕔10:21, 28.Dec 2011

In this article the employment of casual staff is examined to enable golf club managers decide what employment documentation is legally required. Pro forma letters are also given to help managers meet their obligations in this difficult area of recruitment.

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Can a club replace a full-time manager with an honorary secretary?

Can a club replace a full-time manager with an honorary secretary? 0

🕔11:00, 26.Dec 2011

I have been told that my job as secretary manager is likely to be taken over by an honorary secretary. To complicate matters I am also over 65. Can the club choose whether to make me redundant or follow the

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