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Employment Law Blog

Coronavirus Job Support Scheme Extension

Kayleigh Howarth
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On 24 September 2020, Rishi Sunak announced the Government plans to create the Coronavirus Job Support Scheme  which will replace the Coronavirus Job Retention Scheme which began in March 2020 to help businesses which had been impacted by the COVID-19...

WORLD MENTAL HEALTH DAY - TOP TIPS FOR EMPLOYERS

Leanne Day
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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

Leanne Day
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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...

Coronavirus Job Support Scheme

Kayleigh Howarth
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The Coronavirus Job Retention Scheme (furlough) is due to come to an end on 31 October 2020.  At the peak of the scheme, in May 2020, over 8.9 million workers were placed on furlough.  The scheme has been a lifeline to help those businesses which...

COVID-19 AND REDUNDANCIES

Kayleigh Howarth
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The COVID-19 pandemic has had huge financial implications on many businesses in the UK. Whilst the government implemented the Coronavirus Job Retention Scheme in March 2020, unfortunately many people find themselves facing redundancy. It was announced on 12...

FURLOUGHED EMPLOYEES TO RECEIVE FULL REDUNDANCY PAYMENTS

Kayleigh Howarth
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The Department for Business, Energy and Industrial Strategy announced last week that they will be implementing a new law which means that all furloughed employees will receive a redundancy payment based on their normal wages – not the furlough...

Watching out for Director's Duties in difficult times

James Dent
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With lockdown starting to ease and businesses starting up again after many weeks of closure, the issue of Director's Duties will begin to raise its head as directors find ways for their business to succeed in the "new normal". Director's...

Exposing Furlough Fraud

Leanne Day
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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

Leanne Day
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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...

Companies need to get it right to protect against competition

Grant Shackleston
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Companies looking to protect their business by relying on non-compete clauses for key employees should check that any post-termination restrictions are reasonable.  To be enforceable, they should go no further than protecting an employer’s...

Flexible Furlough Guidance

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

Employment Appeal Tribunal adapts to combat impacts of Coronavirus

Leanne Day
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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...

EMPLOYMENT TRIBUNALS - ROADMAP

Kayleigh Howarth
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Over the last few months we have seen significant changes across all industries in an attempt to effectively deal with the COVID-19 pandemic.  The Tribunals have not been any different.  A large number of Employment Tribunal Hearings were postponed...

CHANGES TO THE GOVERNMENT FURLOUGH SCHEME

Kayleigh Howarth
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On Friday, 29 May 2020 Rishi Sunak announced updates to the Coronavirus Job Retention Scheme.  The main points announced at the Chancellor's press conference include: The 10 June 2020 will be the last day that employers can place their employees...

High Court success for Chattertons' Employment Team!

Leanne Day
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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...

FURLOUGH LEAVE EXTENDED

Natasha Halliday
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Since the creation of the Coronavirus Job Retention Scheme on 19 March  2020, the Government has contributed towards the wages of 7.5 million workers and it is estimated that it has cost over £14 billion to date. On 12 May 2020, The Chancellor,...

An End to the Swedish Derogation

Leanne Day
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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

Leanne Day
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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...

April changes - Employment

Natasha Halliday
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April 6 is usually an important date in any Employment Lawyer 's calendar as it is one of the two dates each year when legislative changes are implemented. This year has been exceptional, with many focussed on the employment implication of the...

Vicarious Liability

Natasha Halliday
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The Supreme Court has just issued an important judgment on the scope of vicarious liability, the principle that an Employer can be legally responsible for wrongs committed by its employees . Although the principle has existed for nearly 200 years, cases...

Coronavirus Job Retention Scheme

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Yesterday the government issued further guidance for employers and employees on the Coronavirus Job Retention Scheme, to include details of who is eligible and what they could be entitled to.  Our Employment Law Team have put together a useful booklet...

Vento Bands

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Away from Coronavirus, The Employment Tribunals have today updated the so-called Vento bands for damages payable to a Claimant who has been found to have suffered injury to feelings as a result of unlawful discrimination . The bands, which take their...

Countdown to contract changes for employers

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Employers are on countdown for new requirements on employment contracts.  From April, the statutory requirements around statements of particulars are changing and being extended to include all workers, not just employees. It means that anyone...

COVID-19 Office Closure

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COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only.   Most of our advisors are working...

Covid-19 Employer Law Guide

Kayleigh Howarth
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The Employment Law Team at Chattertons have been busy advising our clients in order to prepare for the impact that the coronavirus pandemic may have on the business and their workforce.  We have put together a short guidance booklet to help answer...

Coronavirus COVID-19 Chattertons Update

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Chattertons Solicitors  are open for business.  However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...

Increase to Employment Tribunal compensation limits

Kayleigh Howarth
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The Employment Rights (Increase of Limits) Order 2020 has been laid before Parliament. From 06 April 2020 , the Order will implement a number of changes to compensation limits, such as: - The limit on a 'week's pay' will be increased from...

IR35 - An Overview

Leanne Day
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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...

Coronavirus Questions and Answers

Danielle Lister
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CORONAVIRUS – QUESTIONS AND ANSWERS FOR EMPLOYERS AND EMPLOYEES 1. As an employee, am I entitled to pay if I self-isolate? If the employee chooses to self-isolate but are not instructed to do so by a medical professional: Strictly speaking,...

Shared Paternity Pay

Kayleigh Howarth
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Last year the Court of Appeal in the case of Chief Constable of Leicestershire v Hextall held that it is not discriminatory to pay men on shared parental leave less than the enhanced rate of maternity pay paid to women on maternity leave. The Supreme Court...

Unfair Dismissal - Mental Health Issues

Kayleigh Howarth
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A Sky engineer who was dismissed following failure to follow health and safety rules is successful in claim of unfair dismissal and disability discrimination . Mr Plowright was employed by Sky-in-Home Services Limited as a Field Engineer from March 2007...

Ethical Veganism Protected against Discrimination

Kayleigh Howarth
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A philosophical belief is a "protected characteristic" under the Equality Act 2010.  It is unlawful to discriminate against an individual because of their philosophical belief.  There is a five-point criteria to be met in order to...

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

Leanne Day
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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...

Time to talk about workplace mental wellbeing

Danielle Lister
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Workplace mental wellbeing is a top concern among employers, according to European-wide research.*  According to the World Health Organisation, in the UK, workplace mental illness is estimated to cost 2% of GDP and the latest statistics from the ...

Parental Bereavement Leave New Regulations

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NEW REGULATIONS REGARDING PARENTAL BEREAVEMENT TO COME INTO FORCE THIS YEAR On 23 January 2020 the Government announced that from 06 April 2020 the rights under the Parental Bereavement Leave Regulations 2020 and the Statutory Parental Bereavement Pay...

BBC Equal Pay Problems: An update 2 months on

Natasha Halliday
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In the employment blog on 30 October , we reported on the Equal Pay claim being pursued by Samira Ahmed against the BBC. As reported in the press, the Employment Tribunal has now released its Judgment and has found in favour of Ms Ahmed. Firstly, the...

National Living Wage and National Minimum wage

Natasha Halliday
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The government announced the National Living Wage and National Minimum wage increases due to come into effect on 1 April 2020. The increases are as follows: Age of employee Old/Current  rate (per hour) New rate from April 2020 (per hour) ...

WHISTLEBLOWING NURSE AWARDED OVER £127,000

Kayleigh Howarth
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WHISTLEBLOWING NURSE AWARDED OVER £127,000 IN COMPENSATION FOLLOWING A CLAIM IN THE EMPLOYMENT TRIBUNAL Whistleblowing is a term used for disclosing wrongdoing within your organisation. Workers who make what is known as a 'protected...

Dismissal can amount to a detriment

Leanne Day
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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...

Conservative Party Manifesto

Natasha Halliday
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Boris Johnson launched the Conservative Party manifesto over the weekend. The key employment related commitments contained within it are: A general commitment to "Achieve the right regulatory balance between supporting excellent business practice...

NHS Trust Ordered to pay £200,000

Kayleigh Howarth
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NHS Trust Ordered to pay £200,000 in compensation for Age Discrimination Last year the Employment Tribunal in Reading heard the case of Jolly v Royal Berkshire NHS Foundation Trust which related to a claim for unfair dismissal and age...

Lib Dem Manifesto

Natasha Halliday
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The Liberal Democrat Party published its 2019 Election Manifesto earlier this week. The noteworthy employment-related commitments include: Amending the Equality Act 2010 to include protection for Gender Identity and Expression; and to prohibit Caste...

Election Manifesto Review: Labour party

Natasha Halliday
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The Labour party has published it 2019 Election Manifesto. The employment-related pledges in the document include: A Nation Living Wage of at least £10 for all workers ( including those under 21) The creation of a "Ministry of Employment...

BBC Equal Pay Problems

Natasha Halliday
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The BBC is facing further Equal Pay problems after the claim last year by the then-China editor Carrie Gracie that she was being paid significantly less than comparable (male) BBC journalists. The presenter Samira Ahmed has issued a claim for Equal Pay in...

Religious discrimination: Doctor held not to have been discriminated against

Kayleigh Howarth
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In the case of  Mackereth v The Department for Work and Pensions and another  the Employment Tribunal has held that a Doctor was not discriminated against on the grounds of religious beliefs after he refused to address transgender patients by their...

Threatening dismissal for refusing to work without a break

Leanne Day
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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...

National Living wage to rise?

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The Chancellor, Sajid Javid has announced plans to significantly increase the rate of the National Living wages over the next 5 years. The National Living Wage is currently £8.21 for those aged 25 or over, but at the Conservative party conference last...

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

Leanne Day
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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...

New protections for menopausal workers?

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At the labour party conference last month, Shadow Equalities Minister Dawn Butler announced plans to introduce new support and protection for Menopausal workers after a CIPD survey found that 60% of menopausal workers reported that their menopause symptoms...

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