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Tag "The Law"

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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How the changes to the rules of amateur status impact on clubs

How the changes to the rules of amateur status impact on clubs 1

🕔16:06, 10.May 2012

There has recently been a series changes to the rules of amateur status by The R&A. It is now possible for a club to provide prizes for competitions by way of vouchers for goods or services. The key word here

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Golf clubs need to be aware of the Bribery Act 2010

Golf clubs need to be aware of the Bribery Act 2010 2

🕔15:58, 10.May 2012

This note summarises the significant changes in bribery and anti-corruption law in England and Wales brought about by the Bribery Act 2010 and the need for golf clubs, committees and their staff to ensure awareness of the offences and to

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Employees must use social media appropriately

Employees must use social media appropriately 1

🕔13:37, 8.Apr 2012

No one can fail to have noticed the increase in popularity of social media networking sites such as Facebook or Twitter, and now employers including golf clubs are beginning to grapple with the employment law issues that can arise from

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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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What should we legally do with a terminally ill employee?

What should we legally do with a terminally ill employee? 1

🕔12:29, 25.Feb 2012

We have an employee who has cancer. She has been off work for a long time. We are aware that we need to consider reasonable adjustments to enable the employee to return to work. The tragic reality, however, is that

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Safety system for golf clubs launched

Safety system for golf clubs launched 0

🕔18:40, 24.Jan 2012

A risk assessment system that should make golf clubs safer and prevent them from being sued by injured golfers has been launched. The BIGGA / GCMA Safety Management System, originally set up in 2007, has been completely revamped to make

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Risk assessments can prevent huge payouts for golf injuries

Risk assessments can prevent huge payouts for golf injuries 0

🕔15:02, 15.Jan 2012

A recent court ruling in the case of a golfer who was blinded in one eye after being struck by a golf ball could have serious implications for golfers, golf club managers and firms who run golfing away days for

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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? 1

🕔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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How does the Equality Act affect buggy provision?

How does the Equality Act affect buggy provision? 9

🕔13:00, 15.Jan 2012

Since the passing into law of the Equality Act 2010, there have been several guidance documents published in relation to the provision of golf buggies for the disabled. However, the question: “Is it a requirement that golf clubs provide ride-on

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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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How does the Bribery Act 2010 affect golf clubs?

How does the Bribery Act 2010 affect golf clubs? 0

🕔15:35, 4.Jan 2012

1. The Bribery Act 2010 (‘the Act’) came into force on July 1, 2011. The changes it makes to the law regarding bribery and corrupt conduct are considerable. The old common law offence of bribery, which was necessarily defined by

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Why is it legal for some golf clubs to still be single sex?

Why is it legal for some golf clubs to still be single sex? 2

🕔15:18, 4.Jan 2012

The Equality Act 2010 is the single largest piece of anti-discrimination legislation to be created in the UK. It streamlined and restated existing legislation, with the aim of making laws surrounding discrimination easier to understand and workplaces fair environments. The

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The fire prevention measures a golf club should legally have in place

The fire prevention measures a golf club should legally have in place 0

🕔15:15, 1.Jan 2012

Last year Golf Club Management published an article by Fire Industry Association (FIA) CEO, Graham Ellicott, to discuss the problem of arson to sports’ facilities. and in particular, golf clubs. He noted the suspicious fire in May 2011 that destroyed

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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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