Martin Cornforth

Paternity Leave On 7 March 2024, the Paternity Leave (Amendment) Regulations 2024 (SI 2024/329 ) were made. The regulations introduce the following key changes: To allow fathers and partners to take...

The draft Paternity Leave (Amendment) Regulations 2024 will introduce the following changes: Fathers and partners can take their leave and pay as two non-consecutive blocks of one week, rather than only in one block of either one...

In the recent case of Miss C Davies v Neath Port Talbot Council and Governing Body of Sandfields Primary School: 1600320/2023 an Employment Tribunal has considered the fairness of a redundancy procedure. The redundancy procedure arose in response to a...

The Government has launched a consultation on reintroducing Employment Tribunal fees. The Supreme Court had previously decided that the former fees regime was unlawful because of the extent to which those fees had restricted access to justice. However, on...

In the recent case of Sturgess v Cambridge Country Club Ltd: 3312598/2022 an Employment Tribunal has upheld a claim for unfair dismissal. The Claimant was dismissed for gross misconduct after the employer received allegations of harassment from three...

Martin Cornforth , Partner in Chattertons Employment Law team, recently provided an update for the National Association of Special Schools (NASS) following their HR & Finance Special Interest Group meeting. The update included information regarding...

In the case of Mr Allister Webb v Anglian Windows Ltd T/A Anglian Home Improvements an employment tribunal considered whether the claimant could be an employee having contracted with the respondent through a partnership. He could only pursue a claim for...

In the recent case of Ms S McAuley v Canterbury Christ Church University: 2300946/2021 an employment tribunal considered the fairness of a redundancy selection. The Claimant suffered from anxiety and depression, which was severe enough to attract...

In the case of Mr J Richardson v West Midlands Trains Ltd an Employment Tribunal considered the fairness of the Claimant's dismissal for two pranks played on a colleague, which were deemed to be bullying and gross misconduct by his employer. The...

In our previous newsletter we noted several updates in employment law including changes to working time, TUPE, and data protection. This month sees more updates announced including: Protection from redundancy during or after pregnancy or periods...

World Menopause Day took place on 18 th October 2023. To mark the occasion, we have produced an article reporting on a recent Employment Tribunal claim concerning the Menopause. Did you know that Menopausal symptoms could be defined as a disability...

Whistleblowing is the action someone takes to report wrongdoing in the public interest. This guide considers protection for whistleblowers in the work place. By law whistleblowers are protected from: unfair dismissal – if...

The Workers (Predictable Terms and Conditions) Act received royal assent on 18 September 2023. The new legislation will give employees and workers a right to request a predictable work pattern under the Employment Rights Act 1996, subject to certain...

In the recent case of Borg-Neal v Lloyds Banking Group plc ET/2202667/22 an Employment Tribunal upheld an employee's claims following his dismissal for using an offensive racial term during a race education training session. The employee had worked...

In AECOM Ltd v Mallon , the Employment Appeal Tribunal ("EAT") has upheld an Employment Tribunal's decision that an employer should have made reasonable enquiries regarding an employee's request for an oral rather than a written...

The Working Time Regulations 1998 (SI 1998/1833) (WTR 1998), is the key legislation governing working time in the UK. This Guide covers the key provisions, except for annual leave. Meaning of working time The concept of...

This guide provides practical guidance for responding to subject access requests made by employees pursuant to the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018). As such this guide is limited in...

Spain's recent Women's World Cup win has been overshadowed by adverse publicity after Spanish football federation president Luis Rubiales, kissed forward Jenni Hermoso on the lips. Fifa decided to "provisionally suspend Mr Luis Rubiales from...

Due to changing work practices during the pandemic, the Government's Flexible Working Taskforce recommended that flexible working should be the default position for all workers post-pandemic. On 20 July 2023, the Employment Relations (Flexible Working)...

In part 1 of our guide to disability discrimination we looked at Discrimination arising from disability . In part 2 of the guide we examine the duty to make reasonable adjustments . Background The Equality Act...

What is an apprenticeship? Apprenticeships are work-based training programmes, which lead to nationally recognised qualifications. They enable employers to avoid skills shortages. They also allow apprentices to develop skills by working...

Sometimes during restructures, an employer offers to slot an employee into a new role as an alternative to dismissal. However, if the new role is on less favourable terms, the employee may refuse the change; in this scenario an employer will often consider...

As the availability of artificial intelligence is rapidly increasing, the Trade Union Prospect has recently conducted a survey of more than 1000 people, finding that 58% of workers think the government should regulate the use of generative AI in workplaces....

In the case of Miles v Driver and Vehicle Standards Agency the Employment Appeal Tribunal ("EAT") considered the relevance of a decision by an individual to refrain from undertaking certain activities due to a medical condition when assessing if...

Many managers will have to deal with misconduct by an employee. When doing so, a fair procedure should be followed, or any resulting dismissal could be deemed unfair by an employment tribunal. This article explains how to carry out a fair investigation,...

In this part 1 of our guide to disability discrimination we will be considering Discrimination arising from disability and the development of case law. In our next newsletter, part 2 will examine the duty to make reasonable adjustments ....

Navigating the complexity of employment can be challenging for organisations of all shapes and sizes. Ensuing compliance with employment law when making decisions that impact staff is always important. There are a number of basic legal requirements, for...

In a policy paper dated 10 th May 2023, the Government announced it's intention to, "improve regulation following our departure from the EU, whilst maintaining UK labour standards," by proposing specific changes to the following aspects of...