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Employment Law Blog

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...

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 and...

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

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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

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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...

Slow progress at the Employment Tribunals

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Slow progress at the Employment Tribunals The Employment Tribunal system (in which the large majority of employment-related claims are heard) is still struggling to handle the increased volume of claims that have been issued since the abolition of fees...

I believe.....that I should be protected in Law....

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I believe…..that I should be protected in Law…. The Equality Act 2010 is the main piece of Anti-discrimination legislation in the UK; protecting employees from less favourable treatment by their employers on a number of "protected...

Holiday Pay and Term Time Workers

Kayleigh Howarth
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Holiday Pay and Term Time Workers Almost all workers are legally entitled to 5.6 weeks' paid holiday a year. This includes agency workers; workers with irregular ours and workers on zero-hours contracts. The Court of Appeal in The Harpur Trust v...

RELIGIOUS DISCRIMINATION

Kayleigh Howarth
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RELIGIOUS DISCRIMINATION: Dismissal after comments against same sex adoption was not discrimination on religious grounds The Equality Act 2010 offers protection to individuals from discrimination because of their religion or belief. This law applies to...

DISCRIMINATION AND INJURY TO FEELINGS COMPENSATION

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When a Claimant is successful in a claim for discrimination, the Employment Tribunal is entitled to award them extra compensation known as injury to feelings. This is to compensate the victim for the hurt feelings they have suffered as a result of the...

Employers must now record Working Time

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The Court of Justice of the European Union (CJEU) have held in Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE that an employer must keep records of an employee’s hours worked to fulfil their obligations under the Working Time...

New Rates of NLW And NMW Set To Rise From 01 April 2019

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The new National Minimum Wage and National Living Wage is set to increase from 01 April 2019 onwards. This new rate will apply to the next pay period that begins on or after the date a rate increase begins or an employee reaches a new age bracket.  For...

Maternity Rights

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Maternity Rights The Employment Appeal Tribunal have held that sending a female employee an important email to an inaccessible address whilst she is on maternity leave amounts to unfavourable treatment under the Equality Act 2010. In SW Yorkshire...

Open Justice v. Article 8 The Right to Privacy: Are You Protected?

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The principle of ‘open justice’ is to provide transparency and clarity within the course of employment litigation .  This principle is used as the focal reason behind online publications of judgements from Employment Tribunal cases....

Equal Pay And The Recent Asda Stores Ltd v Brierley Case

Kayleigh Howarth
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The experienced solicitors at Chattertons always take a very keen interest in current legal cases. This is especially true when they have the potential to set a significant precedent for future proceedings. A recent case between Asda Stores Ltd and Brierley...

Government Consultation Paper; Maternity Leave Extending Rights

Kayleigh Howarth
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The government have recently published a consultation paper to extend the rights of women who have just returned from maternity leave, giving them priority over other redundant employees when the employer offers suitable alternative employment. ...

Employment Status; Why is it Important?

Kayleigh Howarth
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Determining your employment status can be crucial as employees will be afforded with certain legal protections that a ‘worker’ or someone who is self-employed will not receive. There are 3 main types of employment status.  These are:- ...

New Code of Practice on Sexual Harassment at Work

Danielle Lister
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The government has today announced that a new Code of Practice is to be introduced aimed at tackling sexual harassment at work.  This follows the #MeToo social media campaign and an increasing prevalence of the issue of sexual harassment in the...

Changes to Employment Law in 2019

Kayleigh Howarth
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These are some of the changes in respect of Employment law that we can expect to see to come into effect within the early part of 2019: Increase in National Minimum Wages Rates Both national living wage and national minimum wage rates will increase...

Government Publishes 'Good Work Plan'

Kayleigh Howarth
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The Prime Minister recently commissioned the independent Taylor Review of Modern Working Practices to ensure that the UK Labour Market can effectively adapt to the changes in Employment Law whilst ensuring the protection of workers’ rights in the...

Supporting an Employee Struggling With Their Mental Health

Kayleigh Howarth
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Employers have a general duty of care and responsibility for employees’ physical and mental health and to prevent personal injury in the workplace. If an employer is aware of particular health or disability issues relating to an employee, they may have...

Co-Op HR Director wins equal pay and unfair dismissal claim

Kayleigh Howarth
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Following a three-year legal battle, the former Co-Operative Group HR Director, Sam Walker, has won her claim for equal pay and unfair dismissal. The Employment Tribunal has held that the Co-Op “directly discriminated against Sam Walker on the ground...

Top tips for Employers during the Winter months

Danielle Lister
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 As winter sets in, it is timely for employers to consider any ‘winter’ employment issues that can arise.  Being prepared for the particular issues that winter brings will ensure employers are ahead of the game and able to manage if...

Recruitment Agency Held Liable when MD Punches Employee

Kayleigh Howarth
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The Court of Appeal have held that a company is liable for a violent assault by the Managing Director on an employee after the company’s Christmas party. Although the assault happened at a different venue to where the Christmas party occurred, the...

ANOTHER DECISION ON THE ISSUE OF EMPLOYMENT STATUS; THE EMPLOYMENT APPEAL TRIBUNAL DISMISS ADDISON LEE'S APPEAL

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The Employment Appeals Tribunal (EAT) recently upheld a Tribunal’s decision that private drivers working for Addison Lee (a private taxi service company) are classified as ‘workers’, rather than self-employed, and are therefore entitled to...

Morrisons 'vicariously liable' for data breach; What does the decision mean for employers?

Danielle Lister
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The Court of Appeal has recently upheld a judgment finding that the supermarket chain Morrisons was vicariously liable for a data leak of payroll information by a rogue employee.  The case concerned an employee of Morrisons, Mr Skelton, who was an...

Parental Bereavement (Leave and Pay) Act 2018 receives royal assent

Danielle Lister
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New legislation designed to allow time off from work for employees who have lost a child has recently received royal assent. The new  Parental Bereavement (Leave and Pay) Act 2018  provides a right to two weeks off work for an employee who has...

Hermes Couriers Deemed Workers in Landmark Tribunal Ruling

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A group of 65 Hermes couriers have successfully won their legal battle to be treated as workers instead of independents contractors. This case follows on from a number of recent successful gig-economy cases, with this one seen to have the most significant...

Are you ready for kick off?

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It’s that time of year we have all been looking forward to (or have we?)  The 2018 World Cup in Russia sees 32 nations taking part in 63 matches from 14 June until 15 July.  As an employer you may assume you have little to worry about in...

How Should an Employer Manage Transgender Employees?

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This was considered by the Employment Tribunal in the case of Miss A de Souza E Souza v Primark Stores Ltd . The Claimant, a transgender woman, applied for the role of retail assistant with the Defendant, Primark. On the application form the Claimant...

Can a failure to pay father full pay during shared parental leave amount to sex discrimination?

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Last year we posted an article about a successful direct sex discrimination claim over shared parental pay. This decision has now been appealed. There has been some controversy since shared parental leave (SPL) came into effect on 5 April 2015. More...

The Right to Request Flexible Working

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Flexible working is a way of working that suits an employee’s needs. A request could be for reduced days, staggered hours, home working, flexitime or even job sharing. There is a particular process which should be followed in order to make a formal...

Returning to Work after Maternity Leave

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So this is it, after a whole year of being on maternity leave and having celebrated my daughter’s first birthday, I have now returned to the world of work. During this past year my primary focus has been caring for my child and having quality time...

Employment Law Changes in April 2018 - What should my organisation be doing?

Danielle Lister
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It’s that time of year again when business owners and HR professionals are busy getting to grips with impending changes in employment law.  This year is no exception and there are a number of changes to be aware of.  In this article, we...

Do recent cases prevent Employers from snooping on their Employees during work time?

Grant Shackleston
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Three recent cases, all determined by the European Court of Human Rights (“ECtHR”) have all held that various acts of surveillance by employers upon their staff have infringed their employees’ rights to pursuant to Article 8 (1) of the...

Employer found liable for the actions of a rogue employee's disclosure of staff data

Grant Shackleston
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Introduction. Recently the High Court found Wm Morrisons Supermarket PLC (Morrisons) to be liable to its staff for the actions of a rogue employee who distributed personal data of the staff to a file sharing website.  The Facts of the Case. ...

Case Law Update: Michalak - "The Nature of Judicial Review"

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Michalak v General Medical Council [2017] UKSC 71 The recent case of Michalak involves the nature of judicial review on administrative action. The Claimant brought a claim in the Employment Tribunal against the General Medical Council (GMC), its chief...

Video Surveillance in University Lecture Halls: A Right to Privacy?

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Case : Antović and Mirković v. Montenegro ( application no. 70838/13 ) On 28 November 2017, the European Court of Human Rights (ECtHR) ruled that video surveillance installed in University Auditoriums infringed professors’ Article 8...

Uber's leapfrog appeal to the Supreme Court refused

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Last month we saw the Employment Appeal Tribunal dismissing Uber’s appeal in Uber v Aslam and upholding the Tribunals decision that drivers working for Uber were ‘workers’ rather than self-employed and therefore had certain basic employment...

Proving an employee's right to work - can you dismiss for lack of documentary evidence?

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It is unlawful under immigration laws for employers to employ individuals that do not have current leave to enter or remain in the UK, or individuals who have leave but are not allowed to work in the UK. A breach of the law makes employers liable to a civil...

Refunding of Tribunal fees - an update

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The government has opened up applications for Employment Tribunal fee refunds to all who may be eligible, following a pilot scheme. This comes after the defeat suffered by the government back in July 2017, where the Supreme Court upheld an appeal by Unison...

Anti-Bullying and Harassment Week 2017. Dealing with Workplace Bullies

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In all walks of life, there is the potential to be exposed to bullying. Take sharks, for instance, who are colloquially characterised as the “bullies of the sea.” Although bullying is unacceptable anywhere, it is especially insidious in the...

Settlement agreements - what they are and when to use them

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Settlement agreements, formerly known as compromise agreements, have been commonly used by employers for many years as a means of ending the employment relationship with an employee.  They are binding contracts signed by the employer and employee...

Be warned, you cannot always snoop on your staff's emails!

Grant Shackleston
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Introduction The monitoring of staff use of IT systems, e.g. email and telephone, is often deemed necessary by an employer to ensure that its staff are working during working hours.  However employers in particular need to be wary of the risks of...

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