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Employment Law Blog

Case law comment: Discrimination arising from disability

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In the case of Mr C Kelly v Sainsbury's Supermarkets Limited, despite concluding that Mr Kelly had acted in a manner which Sainsbury's viewed as a breach of their harassment and fair treatment policies, their decision to dismiss Mr Kelly was found to...

Discrimination and Injury to Feelings compensation increased

Kayleigh Howarth
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In 2010, the Government introduced the Equality Act which was designed to protect employees who have a 'protected characteristic' from unfair treatment.  There are eight protected characteristics, which include: Age Disability Gender...

Post-Employment Restrictive Covenants - What are the common mistakes?

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It is generally considered difficult for an employer to enforce post-termination restrictions contained in the employment contract, but the subject is often debated. Typical covenants include: non-competition– prevents the former...

Risk management when the commute is all at home

Danielle Lister
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The Government’s Living with Covid strategy removed one of the final hurdles towards a return to full-time office working, but many are expected to continue working from home under the new regime. The potential of reduced property costs...

World Autism Awareness Day

Danielle Lister
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World Autism Awareness Day 2022 will be celebrated on Saturday 2nd April, and is an excellent opportunity for employers to learn more about assisting workers with Autism Spectrum Disorder, a form of neurodivergence. In this article, we take a look at...

International Women's Day 2022: Gender Equality in the Workplace

Danielle Lister
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International Women's Day is a unique opportunity to reflect on and celebrate the significant historical and ongoing achievements of women and their role in modern day society.  Employment issues have always been a key issue for women's matters,...

HOT HR TOPICS - What is everyone talking about?

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1. COVID Vaccination – What can we do about those employees that refuse to have it? I consider this issue to unfortunately be a minefield for employers. The guidance keeps changing and Public Health legislation doesn't give employers the ability...

To pay or not to pay, that is the question...

Danielle Lister
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Sick pay policies have been hitting the headlines with many big-name employers withdrawing company sick pay benefits for staff who remain unvaccinated against Covid-19 and have to self-isolate. The highly infectious Omicron variant has led to mass absences...

When horseplay goes wrong, can an employer be responsible?

Leanne Day
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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...

Back to work means businesses must keep the workplace Covid-safe

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The Government’s latest lifting of Covid-related restrictions, allowing business to return to the workplace, should mean worker welfare is a top priority according to health and safety experts. Ensuring workers and customers are protected from the...

New pilot scheme of "flexi-job" apprenticeships for the creative and construction sectors

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On 6 th April 2022 the Apprenticeships (Miscellaneous Provisions) (Amendment) (England) Regulations 2022 come into force enabling a new alternative type of English apprenticeship offering more flexibility for employers in the creative and construction...

Are your whistleblowing policies and procedures effective and up-to-date?

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Whistleblowing legislation offers statutory protection for certain categories of individuals who have made a qualifying disclosure be this during their current employment or employment with their previous employer or after their employment has ended. The...

Having open workplace conversations about menopause

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Employers should check they are having the right conversations to support those experiencing problems in the workplace because of the menopause.   With growing numbers of women continuing in the workforce through middle age, and rising numbers of...

The Right to Work in the UK

Catherine Maclay
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There is an abundance of opportunities in the United Kingdom to grow one's career and expand one's professional horizons.  What a person needs, however, to access these opportunities in the UK labour market and society is either a qualifying...

Miscarriage and Pregnancy Loss at Work; what are my Employee's rights and should I be doing more?

Kayleigh Howarth
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Later this year, the House of Commons is set to debate on a private members' bill which will potentially see the introduction of statutory Miscarriage Leave.  Unfortunately, 1 in 5 pregnancies end in miscarriage which totals around 250,000 per...

Half of all workplace illness caused by work-related stress, anxiety and depression

Danielle Lister
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The Health and Safety Executive (HSE) has recently published a report which has confirmed that work-related stress, anxiety and depression has contributed to a staggering fifty percent of all work-related cases of illness over the past year. It suggested...

Chattertons advise on the sale of SW Cars Group car supermarket in Peterborough

Adam Gilbert
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Chattertons' corporate, commercial property and employment teams have advised the shareholders of SW Cars Group on their sale to Big Motoring World for an undisclosed sum.  The acquisition increases Big Motoring World's number of used car...

Return to the workplace: Making adjustments to the workplace for employees with a disability

Danielle Lister
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As restrictions ease and more and more people return to work, it is essential that employers continue to ensure the workplace is both safe and free from discrimination for all employees. Employers are required to make reasonable adjustments to accommodate...

Offsides, penalty shoot-outs and the taxman

Danielle Lister
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Football’s offside rule has been controversial since it was introduced in 1863, with many arguing it remains unintelligible despite attempts at simplification, but the game’s latest rulebook clash may claim the crown when it comes to...

Age Discrimination in the Workplace

Danielle Lister
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It is ten years since the ending of the national default retirement age, when age became one of the protected characteristics covered by the Equality Act 2010. The Act was designed to safeguard people in the workplace against discrimination , harassment...

What counts as bullying in the workplace?

Danielle Lister
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Experiencing unfair treatment in the workplace can be distressing and can have an impact on your life both in and out of work. You may be worried about your financial situation if you leave, your performance at work, or suffer from low self-esteem. However,...

WORLD MENTAL HEALTH DAY 2021 - TOP TIPS FOR EMPLOYERS

Leanne Day
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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

Leanne Day
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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

Leanne Day
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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...

The fifth SEISS grant: what you need to know

Danielle Lister
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If you are self-employed, you may be aware of the Self-Employment Income Support Scheme (SEISS) grant. Applications for the fifth (and final) grant are currently open but will close on 30 September 2021. If you are eligible to receive the grant and have not...

EMPLOYMENT CHATTS WEEK 2: DISCIPLINARY PROCESS

Leanne Day
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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

Leanne Day
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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...

Ask the Experts: How should Employers manage cases of Long Covid?

Danielle Lister
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The illness of Long Covid (officially known as 'post-covid syndrome') is becoming the next big issue for some employers.  There is significant uncertainty about the illness itself, which presents a real concern for Employers who will have to...

Side-hustles and tax - Everything you need to know

Danielle Lister
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While lockdown restrictions have been in place, many people have had more time to try their hand at something new. Perhaps you have set up a new business to share your latest passion, or maybe this is something you have been considering for a while. Either...

Mandatory Covid-19 Vaccinations For Care Home Workers

Danielle Lister
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Government confirms most people working in care homes will be required to be vaccinated against COVID-19.  Following consultation, the UK government have confirmed that vaccinations will become mandatory for most care home workers.  Amendments...

The cost of workplace conflicts - and how to avoid them

Danielle Lister
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It is easy to see how workplace conflicts can have a significant and long-lasting impact on both employers and the employees.  However, a recent publication by impartial employment conciliation and arbitration service ACAS, attempts to show the...

Flexible Working: Your Questions Answered

Danielle Lister
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As a result of the coronavirus pandemic, the way we work and live has been forever changed. Many people have enjoyed the flexibility of working from home, including avoiding a commute, setting their own hours and taking care of their children. Employers can...

Homeworking and the importance of cybersecurity risk management

Danielle Lister
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Having staff working remotely has presented significant challenges for many businesses, but one of the most difficult to address is the increased cybersecurity risk. As many companies did not have sufficient opportunity to prepare for the transition to...

Harassment hits hard at every level

Danielle Lister
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When bullying or racism is involved, seniority and titles do not confer special protection... Recent headlines in the media have shown that bullying or racism can affect anyone at any level, including royalty and high-flying civil servants. ...

One of my employees has applied for flexible working, what do I do now?

Kayleigh Howarth
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The last 12 months has seen the country plunged into lockdowns of varying degrees.  Many employees were forced, with very little notice, to pick up their desks in the office and move them to their dining rooms! The Office of National Statistics...

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

Leanne Day
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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. What...

When beliefs extend beyond Veganuary

Grant Shackleston
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Record numbers signed up to ditch meat during January for the Veganuary Challenge, but even when burgers are back on the menu, employers need to keep an eye on safeguarding ethical beliefs for vegans who make it a lifestyle.   The interest in...

Pay Increase - April 2021

Kayleigh Howarth
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The Government has announced that both the National Living Wage (NLW) and National Minimum Wage (NMW) rates are due to increase in April 2021. The Government has also decided to lower the age bracket for those entitled to National Living Wage from 25 to...

UK has failed to transpose EU law since 1992

Leanne Day
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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...

Why Big Brother needs to watch out when it comes to employee monitoring

Grant Shackleston
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Many employers are using software solutions to track employee activity, particularly where home working is taking place during the Covid-19 pandemic, but using such software can take companies into dangerous territory which may result in breaches of data...

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

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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...

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