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Leanne Day
    • Leanne Day

    • Legal Executive Personal Injury - Boston
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Victims of Negligence are Never Winners

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The Association of Personal Injury Lawyers ('APIL') have recently posted a blog regarding the adverse effects of calling victims of negligence 'winners' when it comes to settling their claims. APIL continue to drive for justice for...

Can I claim for Whiplash? A guide to the latest rules

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The Whiplash Injury Regulations 2021 (also known as the Whiplash Reforms) came into force on 31 st May 2021 and apply to those wishing to bring a whiplash claim as a result of a road traffic accident. There is now only a limited amount of compensation...

Why use a local Personal Injury Solicitor?

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We know that when you have been involved in an accident that wasn't your fault, making a claim can be the last thing on your mind whilst you come to terms with your injuries. But often claimants find that they are in a difficult position...

When horseplay goes wrong, can an employer be responsible?

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When horseplay between employees ends badly, can an employer be deemed liable? A recent Court of Appeal decision held not...but only on the facts of the case and it is still possible that an employer can be vicariously liable when horseplay between...

WORLD MENTAL HEALTH DAY 2021 - TOP TIPS FOR EMPLOYERS

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Sunday 10th October marks World Mental Health Day for 2021. The theme of this year's World Mental Health Day, set by the World Federation for Mental Health , is 'Mental health in an unequal world'. Our daily lives have changed considerably as...

Employment Chatts Week 4: Disciplinary Process

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In this week's mini-series we look at what should and should not be done by an employer when it comes to the disciplinary process. It is important to be aware that if matters become contested and a claim is made to the Employment Tribunal, any...

Employment Chatts Week 3: Disciplinary Process

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In this week's mini-series we look at what should and should not be done by an employer when it comes to the disciplinary process. It is important to be aware that if matters become contested and a claim is made to the Employment Tribunal, any...

EMPLOYMENT CHATTS WEEK 2: DISCIPLINARY PROCESS

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In this month's mini-series we look at what should and should not be done by an employer when it comes to the disciplinary process. It is important to be aware that if matters become contested and a claim is made to the Employment Tribunal, any...

Employment Chatts WEEK 1: Disciplinary Process

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In this month's mini-series we look at what should and should not be done by an employer when it comes to the disciplinary process. It is important to be aware that if matters become contested and a claim is made to the Employment Tribunal, any...

Recent Employment Appeal Tribunal decision reiterates need for training to be effective

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In the recent case of Allay (UK) Ltd v Gehlen, it was held that even where employees have been trained in the past, this does not mean that the statutory defence to vicarious liability can be satisfied if that training has become stale and ineffective....

UK has failed to transpose EU law since 1992

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A landmark High Court decision has been handed down in The Independent Workers' Union of Great Britain v The Secretary of State for Work & Pensions and others confirming that the UK has failed to properly transpose EU law and in doing so has failed...

WORLD MENTAL HEALTH DAY - TOP TIPS FOR EMPLOYERS

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Saturday 10th October marks World Mental Health Day for 2020, and this year in particular has been a difficult one for many reasons. The months of lockdown and the changes that have followed have had a huge impact on both employers and employees,...

When bullying goes on behind the screen

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In the run-up to this year’s Anti-Bullying Week, which runs from 16th to 20th November 2020, employers are being encouraged to look at how new styles of working may be affecting employees. Employers are being encouraged to focus on how they manage and...

Exposing Furlough Fraud

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Many employers throughout the UK have had to work hard to keep their businesses afloat throughout the Coronavirus pandemic. If their business has been affected or they have had to close during lockdown in accordance with Government guidelines, then...

Neither better nor worse - how TUPE protects when employees transfer

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The case of Ferguson & Ors v Astrea Asset Management Limited shows that an attempt to change contractual terms because of a transfer under TUPE will be rendered void, whether they are to the advantage or disadvantage of the employee. The directors...

Flexible Furlough Guidance

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Click here to download the Flexible Furlough Guidance....

Employment Appeal Tribunal adapts to combat impacts of Coronavirus

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The legal system has had to quickly adapt to the challenges faced as a result of the Coronavirus pandemic, and one example of this is the Employment Appeal Tribunal's (EAT) need to take steps to modernise the way their hearings take place. The...

High Court success for Chattertons' Employment Team!

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The Employment Team have successfully defended an appeal heard in the High Court on a legal point never before determined with binding precedence. The case, led by Grant Shackleston, concerned whether an express confidentiality term in an ACAS COT3...

An End to the Swedish Derogation

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On 6 th April 2020, the Agency Worker (Amendment) Regulations 2019 came into force which had the effect of abolishing the Swedish Derogation. What is the Swedish Derogation? Before 6 th April this year, Regulations 10 and 11 of the Agency Worker...

An End to Free Movement: an Overview

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Significant changes will be made to the way employers in the UK recruit citizens from around the world following the introduction of a new points-based immigration system from 1 st January 2021, which will mean an end to free movement. The key aim of the...

IR35 - An Overview

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IR35 and the off-payroll working reform initially came into force in 2017 for public sector organisations. However, on 6th April 2020 the new IR35 rules will come into force, affecting medium/large private sector organisations. Although often...

Who is protected if your employer transfers over to another business?

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What is TUPE (Transfer of Undertakings)? The purpose of TUPE is to protect employees in the event that the business they work for transfers over to someone else. It means that the employees' terms, entitlements and rights remain the same with the new...

Dismissal can amount to a detriment

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The recent case of Jakkhu v Network Rail Infrastructure Limited 2019 shows that a dismissal can be classed as a detriment, even if the claimant has returned to work. The Claimant had a history of sickness absence for both disability and non-disability...

Threatening dismissal for refusing to work without a break

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In the recent case of Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that Mr Pazur had been subjected to an unlawful detriment when his employer threatened to dismiss him for complying with Regulation 10 of the Working Time...

Massaging an employee's shoulders did not amount to harassment under s.26 of the Equality Act 2010, EAT decides

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In the recent case of Raj v Capita Business Services Ltd , the Employment Appeal Tribunal dismissed an employee's claim that he had suffered harassment under s.26 of the Equality Act 2010. Mr Raj claimed that his female manager had massaged his...