Chattertons Solicitors Banner Image
Services
People
News and Events
Other
Blogs

Employment Law Blog

Amendments to statutory paternity leave laid before Parliament

Martin Cornforth
  • Posted
  • Author

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 or two weeks. Fathers...

Claimant's redundancy deemed unfair after employer failed to offer "sickness absence cover" as alternative employment

Martin Cornforth
  • Posted
  • Author

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...

Government launches consultation on Employment Tribunal fees

Martin Cornforth
  • Posted
  • Author

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...

Golf pro dismissed following allegations of sexual harassment succeeds with claim for unfair dismissal

Martin Cornforth
  • Posted
  • Author

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...

Government addresses annual leave for part-year and irregular hours workers

Martin Cornforth
  • Posted
  • Author

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...

Employment status

Martin Cornforth
  • Posted
  • Author

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...

Claimant succeeds with unfair redundancy and discrimination claim after University placed weight on her ill health

Martin Cornforth
  • Posted
  • Author

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...

Employee dismissed for snakeskin prank wins unfair dismissal claim

Martin Cornforth
  • Posted
  • Author

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...

New year - employment law updates

Martin Cornforth
  • Posted
  • Author

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 of family...

Can unfavourable treatment connected with the Menopause lead to a claim for discrimination arising from disability?

Martin Cornforth
  • Posted
  • Author

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...

Guide to whistleblowing at work

Martin Cornforth
  • Posted
  • Author

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 someone is dismissed for...

Acas launches consultation on draft Code of Practice for requesting a predictable working pattern

Martin Cornforth
  • Posted
  • Author

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...

Lloyds Banking Group deemed to have unfairly dismissed and discriminated against employee who used offensive racial term

Martin Cornforth
  • Posted
  • Author

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...

To what extent are employers required to enquire about a job applicant's disability?

Martin Cornforth
  • Posted
  • Author

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...

What are the key rules governing working time?

Martin Cornforth
  • Posted
  • Author

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 "working time" applies to...

Subject access request: Guide for employers

Martin Cornforth
  • Posted
  • Author

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...

When might a kiss be unlawful in UK employment?

Martin Cornforth
  • Posted
  • Author

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...

No big bonfire for holiday regulations

Grant Shackleston
  • Posted
  • Author

Managers on the look-out for changes in employment law following Brexit need to prepare for new holiday entitlement and pay calculations. The Retained EU Law (Revocation and Reform) Act 2023 became law in June, setting out how EU-based laws are to be...

Changes to flexible working requests

Martin Cornforth
  • Posted
  • Author

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)...

Disability Discrimination guide part 2 - Duty to make reasonable adjustments

Martin Cornforth
  • Posted
  • Author

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 2010 ("EqA 2010")...

Employment law guide to apprenticeships

Martin Cornforth
  • Posted
  • Author

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 alongside...

To what extent will a variation of contract be viewed as a dismissal?

Martin Cornforth
  • Posted
  • Author

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...

What consequences might Artificial Intelligence have for employment law?

Martin Cornforth
  • Posted
  • Author

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....

Can an employee establish disability if activities adversely affected by erroneous belief about the condition?

Martin Cornforth
  • Posted
  • Author

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...

Practical tips for conducting a disciplinary investigation

Martin Cornforth
  • Posted
  • Author

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,...

Disability Discrimination guide part 1- Discrimination arising from disability

Martin Cornforth
  • Posted
  • Author

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 . ...

Business owners - Is your HR function legally compliant?

Martin Cornforth
  • Posted
  • Author

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...

Government announces bespoke changes to EU employment law provisions

Martin Cornforth
  • Posted
  • Author

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...

A right royal holiday clash

  • Posted

Holiday pay for the additional bank holiday on 6th May to celebrate the upcoming coronation is giving employers a headache before a toast has been raised to the new King.  The long weekend is intended to give the nation the chance to take part in...

How should employers be supporting workers with endometriosis?

  • Posted

March is Endometriosis Action Month, which aims to raise awareness of this condition and to promote better support for those living with it.  Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. In...

Be authentic - but not in the workplace

  • Posted

A crack-down by British Airways on social media posting by staff has highlighted the challenge for employers in keeping policies up to date in a fast-moving digital environment.   The new guidance from the airline bans staff from posting when they...

Adverse Weather - Your Rights as an Employee

  • Posted

It's no secret that adverse weather can impact businesses, employees, and their livelihoods. From icy roads to severe thunderstorms, extreme weather can disrupt normal operations and leave employers and employees with difficult decisions about how to...

Final destination on the route to full tipping

  • Posted

Hospitality workers must receive all gratuities and service charges without deductions in future Hospitality and other service sector businesses need to gear up for gratuity changes, with new legislation designed to tie up loose strings over tipping...

When embellishing your CV may be illegal

  • Posted

Job seekers wishing to present themselves in a good light by inflating their experience and qualifications may get the job today, but the deception could cost them their future career and even their freedom.    That’s the warning following a...

School's out as holiday pay ruling lands

  • Posted

Holiday pay for those who work only part of the year and have no contractually set hours should be calculated on the basis of average earnings, the Supreme Court has confirmed.  In a judgement that is likely to mean higher holiday pay payments for many...

When algorithms undermine equality of opportunity

  • Posted

Employers harnessing social media or artificial intelligence to reach new recruits and remove bias from their processes may find themselves inadvertently discriminating against the very people they are trying to reach.  Figures from the Office of...

Rail Strikes: Managing staffing issues caused by impending industrial action

  • Posted

With the impending national rail strikes set to commence this week, millions of rail commuters could find their usual travel plans being significantly disrupted.  The National Union of Rail, Maritime and Transport Workers (known as the 'RMT')...

Case law comment: Discrimination arising from disability

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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...

  • Posted

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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
  • Posted
  • Author

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

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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?

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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
  • Posted
  • Author

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
  • Posted
  • Author

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

Employment Appeal Tribunal adapts to combat impacts of Coronavirus

Leanne Day
  • Posted
  • Author

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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

  • Posted

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,...

FURLOUGH LEAVE: EMPLOYEE'S FAQs

  • Posted

FURLOUGH LEAVE: EMPLOYEE'S FAQs Download here ...

An End to the Swedish Derogation

Leanne Day
  • Posted
  • Author

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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 FOR EMPLOYERS AND EMPLOYEES

  • Posted

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, no.  There is no statutory right to receive pay for time away from work...

Shared Paternity Pay

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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?

  • Posted

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
  • Posted
  • Author

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?

  • Posted

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

  • Posted

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....

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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'

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

 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

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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?

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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?

  • Posted

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
  • Posted
  • Author

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
  • Posted
  • Author

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"

  • Posted

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?

  • Posted

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

  • Posted

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?

  • Posted

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

  • Posted

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

  • Posted

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

  • Posted

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
  • Posted
  • Author

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...

Promoting Positive Mental Health at Work: For the Benefit of All

  • Posted

World Mental Health Day was marked on 10 October 2017 amid growing general awareness of mental illness, its impact, and greater willingness to discuss a subject which, especially in the past, has carried a stigma. This year, the theme is mental health in...

Are Post-Termination Covenants Enforceable?

Grant Shackleston
  • Posted
  • Author

Introduction Many contracts of employment particularly in respect of senior staff, contain clauses known as post-termination covenants or restrictive covenants which can still bind an employee even after the termination of the employment contract. ...

When can you recover your costs in the Employment Tribunal?

  • Posted

Whilst instructing a solicitor to represent you in a Tribunal claim can benefit your case, it is true that the cost of instructing a solicitor to represent you throughout such a claim can potentially be significant.  It is common for a party to...

Equal Pay - An Issue Businesses Cannot Afford to Ignore

  • Posted

Hardly a week passes when equal pay is not in the news. A recent example of this is the debate over BBC top earners’ salaries, published in July 2017, which has leant momentum to calls for greater transparency on gender pay divergence, not only in the...

Increase in compensation for discrimination claims

  • Posted

Where a Claimant succeeds in a discrimination claim, an Employment Tribunal has the ability to: Order payment of compensation (uncapped) Make recommendations Make a declaration as to the Claimant’s and Respondent’s rights Injury to...

A quick guide to time off work

  • Posted

The holiday season, while welcomed by most of us, can bring a number of issues for both employers balancing the needs of employees, and parents trying to juggle work and childcare commitments. Here are some useful points to consider when it comes to workers...

SUPREME COURT RULES THAT EMPLOYMENT TRIBUNAL FEES ARE UNLAWFUL

  • Posted

In a landmark ruling, the Supreme Court has today ruled that Employment Tribunal fees are unlawful.  The case against the government, which introduced the Employment Tribunal Fees Order in 2013, was brought by Unison who had appealed a previous ruling...

Dementia in the workplace

  • Posted

Alzheimer’s Society is Chattertons charity of the year and all employees have undergone training to become a dementia friendly firm.  Dementia can affects us all in many ways, therefore it is vital that we increase our understanding of Dementia to...

Successful direct sex discrimination claim over shared parental pay

  • Posted

A father has won a direct sex discrimination claim for failure to pay enhanced shared parental pay in circumstances where female employees were entitled to enhanced maternity pay. Background Shared Parental Leave and pay Shared parental leave allows...

CAN AN EMPLOYER FORCE AN EMPLOYEE TO TAKE HOLIDAY AT A SPECIFIED TIME?

  • Posted

It is not uncommon for employers to determine that employees and workers cannot take time off at certain times of the year.  This is particularly true in certain industries (for example, industries that rely on seasonal work or where demand for a...

EAT confirms bar on holiday pay deductions claim after three month gap

  • Posted

The Employment Appeal Tribunal (EAT) has confirmed in Fulton and another v Bear Scotland that a gap of three months or more between one series of non-payments or underpayments and the next (in this case holiday pay), will break the ‘series of...

OFFICE OR EMPLOYEE RELOCATIONS - WHAT DOES AN EMPLOYER NEED TO BEAR IN MIND?

  • Posted

There are a number of reasons why an employer may wish to relocate an employee, several employees or even the whole office. Perhaps there have been problems between employees in a particular office, or there is more demand for the services carried out by an...

Nominal Damages Awarded in Breach of Confidentiality Claim

  • Posted

This was considered in the case of Marathon Asset Management LLP and another v Seddon and another [2017] . In this case, 2 employees worked for an asset management firm, Marathon Asset Management LLP. In the months before they left, a number of files were...

Leaked draft Labour manifesto: Key employment law issues

  • Posted

After the draft Labour party manifesto entitled "For the many not the few" was leaked to and published on the BBC website, we review the proposed far-reaching employment law reforms which Labour may implement if they were elected on the 08 June...

National Minimum Wage for sleeping on the job?

  • Posted

All employers irrespective of their size must pay workers a National Minimum Wage (NMW) with different rates applying for different categories of workers (current rates set out below).    To establish whether a worker has been paid the NMW...

Competency tests for recruitment - Beware of discrimination claims

  • Posted

In the recent case of Government Legal Service v Brookes, the EAT has upheld a decision that, in requiring a candidate with Asperger’s syndrome to sit a multiple choice test as part of its recruitment process, Government Legal Service...

So when does Notice of Termination Actually take Effect?

  • Posted

You issue a letter of notice to your employee by post. The question is however, does the notice of termination take effect on posting, delivery or on communication of the notice if there is no express term in the contract of employment stating when the...

How high is the threshold for dismissal for some other substantial reason?

  • Posted

There are 5 potentially fair reasons for dismissing an employee: conduct, capability, redundancy, statutory illegality or “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee...

Employment law...Important dates for 2017

  • Posted

What is happening? Date: Employment/Immigration - Immigration skills charge applies to Tier 2 (general) and healthcare surcharge is added to Tier 2 (intra company transfers) visa category. April 2017 National Living Wage -...

Dismissals for Long-Term Sickness Absence

  • Posted

This is always a difficult decision employers tend to face when there is an employee off sick for a long period time and shows little or no prospect of ever returning to work. What is the best decision for the employer whilst ensuring they do not open...

Deliveroo issues guidance on how to refer to riders

  • Posted

The Guardian newspaper has reported that food delivery Company Deliveroo has issued guidance to their Managers on how Deliveroo riders should be referred to.  In what is apparently a six page document which has been seen by the Guardian newspaper,...

NO CLAIM FOR HARASSMENT WHERE DISABILITY NOT PROVED

  • Posted

This was a case considered by the Employment Appeal Tribunal (EAT). The Claimant, Mr Baker, was employed as a lawyer by Peninsula Business Services Limited. He claimed he suffered from dyslexia, that this was a disability and that it affected his ability to...

INCREASES TO MINIMUM WAGE AND OTHER STATUTORY PAYMENTS

  • Posted

From 1 April 2017, the following minimum wage increases are due to take effect:- for workers aged 25 and over the national living wage increases to £7.50 per hour (up from £7.20) for workers aged 21 to 24 the rate increases to £7.05 per...

Two important rulings on the issue of Religious Discrimination in the Workplace

  • Posted

We have just seen the European Court of Justice (ECJ) consider two separate cases involving claims of religious discrimination in the workplace. In the first case ( Achbita and anor v G4S Secure Solutions NV ) the ECJ held that a company policy which...

Employment status: ACAS guidance updated; HMRC publishes new online employee status tool

  • Posted

ACAS, the advisory, conciliation and arbitration service, has launched its updated guidance on employment status in light of the large amount of publicity (most of it negative) surrounding the gig economy in recent months. The guidance aims to help...

Hiring and firing - International workers

  • Posted

Hiring Most businesses will already have a set procedure for hiring new members of staff. This may include the following broad steps: Advertising Preparing a Job Description and Person Specification Reviewing CV’s Invitations to interviews ...

The Trade Union Act 2016: What is being implemented in March 2017?

  • Posted

Following the general election in May 2015 it was announced that the Conservative government would reform the law around trade union activity and industrial action to “bring an end to disruptive and undemocratic strike action”.  The Trade...

Compensation Limits Increase Once Again

  • Posted

Compensation limits which Employment Tribunals can award are set to be further increased with effect from 6 April 2017. The changes apply to dismissals or other detriments, occurring on or after 6 April 2017 only. For anything which falls before this date,...

Apprenticeships: a change in funding from April 2017

  • Posted

In 2015 the government announced plans to introduce an Apprenticeship Levy on employers in an attempt to expand the ‘quantity and quality’ of apprenticeships in the UK. The levy will be introduced on 6 April 2017, requiring all employers with an...

Important Decision on Employment Status: Pimlico Plumbers & Charlie Mullins v Gary Smith

  • Posted

Another important decision on the issue of Employment Status; Pimlico Plumbers & Charlie Mullins v Gary Smith The Court of Appeal has handed down an important judgment in yet another case concerning employment status in the case of  Pimlico...

Can an Employer rely on Previous Disciplinary Warnings?

  • Posted

This has been something which many employers have wondered for some time. An employee has received warnings in the past which have gone on their personnel records and eventually expired, yet can previous warnings, although expired, be relied upon when the...

Mobility Clause Dismissals... Redundancy or Conduct?

  • Posted

Is a dismissal classed as a redundancy where employees fail to comply with a mobility clause in their contract? This was addressed by the Employment Appeal Tribunal (EAT) in the case of Kellogg Brown & Root (UK) Ltd v Fitton . Following a site closure...

Type 2 Diabetes... A Disability or Not?

  • Posted

This was considered by the Employment Appeal Tribunal (EAT) in the recent case of Taylor v Ladbrokes Betting and Gaming Ltd . The Claimant, Mr Taylor was dismissed by his employer Ladbrokes on 4 November 2013 and brought claims of unfair dismissal and...

Gender Pay Gap Reporting

  • Posted

On 6 December 2016 the government published the revised draft regulations on gender pay gap reporting which are due to come into force on 6 April 2017, subject to being approved by Parliament. What is meant by the gender pay gap? The gender pay gap...

Employment Law - What to expect in 2017

  • Posted

2017 looks set to be another busy year for Employment law.  The following are some of the main topics which will impact significantly on Employment law, and which we can expect to hear more about throughout the course of 2017: Brexit: We can expect...

Going it alone... Watch out!

  • Posted

A recent case highlights the importance of litigants in person taking appropriate advice on their claims to ensure they fully understand and properly convey the claim they seek to bring. In the case of Liddington v 2gether NHS Foundation Trust, the...

High Court rules on office Christmas party punch up

  • Posted

Can an employer be vicariously liable for the actions of an employee at a Christmas party? The High Court has recently held that a company was not liable for the actions of one of its directors at the office Christmas party, after the director in question...

New English language requirements for public sector workers

  • Posted

On 21 November 2016, new requirements come into force, which require public sector workers in customer-facing roles to be sufficiently fluent in English language.  The new requirement follows publication of provisions of the Immigration Act 2016 and...

Male Discrimination during Shared Parental Leave

  • Posted

This was considered by the Employment Tribunal (ET) in the case of Snell v Network Rail Infrastructure Limited. Mr and Mrs Snell were both employed by Network Rail and both applied under Network Rail’s Share Parental Leave Policy. Mrs Snell decided...

Flexible Working Requests & Breastfeeding

  • Posted

This issue was considered by the Employment Tribunal (ET) in the case of MacFarlane and another EasyJet Airline Company Ltd. This case was brought by 2 female employees who worked as cabin crew for EasyJet and who had recently returned to work following a...

Improving Lives: Government Consultation on Health at Work

  • Posted

A Green Paper has been published by the Government called Improving Lives .  This presents the Government’s vision for the next ten years on how the relationship between work and health in the hope of achieving significant improvement.  As...

Holiday Pay & Commission... the decision

  • Posted

For some time now there has been some discussion and debate over the dreaded subject of holiday pay since two very important decisions were made by the European Courts of Justice (ECJ) which found that UK domestic legislation (that is, The Working Time...

Uber Loses Landmark Tribunal Decision

  • Posted

On 28 October 2016 the Employment Tribunal handed down a very important decision, one that would have the subsequent impact of employers questioning the employment status of contractors within their workforce. Two taxi drivers who provide services to Uber...

Extra Pay for Healthy Workers at Argos

  • Posted

Agency workers engaged by Argos over the Christmas period are to be offered an additional 80p per hour if they are able to work over the festive period without any sickness absence. The workers have been advised that if they fail to attend for work at any...

Judicial Assessment in the Employment Tribunal

  • Posted

The President of the Employment Tribunal has given guidance on a new process of Judicial Assessment in Employment Tribunal cases. Judicial Assessment involves a confidential and impartial assessment by an Employment Judge of the strengths, weaknesses and...

Proposed action over alarming rate of pregnancy and maternity discrimination in UK workplaces

  • Posted

It has been reported that around 390,000 pregnant women and new mothers report being treated unfairly in UK workplaces. Furthermore, the number of women who feel forced to leave work altogether after falling pregnant or having children has recently doubled,...

Employer National Insurance Deductions on Termination Payments

  • Posted

I recently wrote a blog on Settlement Agreements entitled “ Settlement Agreements-  How do they Work ?” In my blog, I discussed the common misconceptions advisors can come across when providing advice on a settlement agreement. One of the...

Was it right to hold a disciplinary hearing in the absence of an employee?

  • Posted

This was considered by the Employment Appeal Tribunal (EAT) in the case of Dr A Nabili v The Norfolk Community Health and Care NHS Trust Dr Nabili was employed as a Consultant Paediatrician and was suspended from practice due to concerns relating to her...

Pikachu... is it time you had a Pokemon Policy in Place?

  • Posted

If you are anything like me, you will neither understand the need for Pokemon Go, nor will you allow yourself be trapped into the latest craze which has individuals glued to their smartphone in a bid to “catch” Pokemon creatures by integrating...

Brexit Secretary: employment law will not radically change

  • Posted

David Davis, the new Secretary of State for Exiting the EU has suggested a UK exit from the EU would not radically affect existing employment laws. Mr Davis has stated in a blog for the website Conservative Home, that “regulation already in place...

Protected Conversations or Without Prejudice?

  • Posted

From 29 July 2013, section 111A Employment Rights Act introduced the principle of confidential negotiations before termination of employment, known as protected conversations. Section 111A is designed to allow employers to talk freely to their employees...

Settlement Agreements - Broken Promises

  • Posted

A legally binding settlement agreement has been entered into with your employee. She has obtained legal advice on the agreement, it has been signed by all parties and the termination payment has been paid. You find out a few months later that she has leaked...

Settlement Agreements - How do they work?

  • Posted

You’ve employed a Sales Executive for 4 years. Around  6 months ago you noticed a change in his work, failure to meet targets and a lack of commitment to the role which is having an impact on the company’s performance. You’ve met...

Vaping in the Workplace - A Burning Issue

  • Posted

We know that smoking cigarettes in enclosed or substantially enclosed public places and workplaces in England has been prohibited since 1 July 2007 under section 7 of the Health Act 2006 and associated regulations.  However, e-cigarettes are not...

UK Votes Leave - What does this mean for Employment Law

  • Posted

Chattertons’ Employment Law specialists Manisha Chauhan and Danielle Lister consider the impact of the historical Brexit vote on Employment law and workers’ rights. The Brexit campaign has been the talk of the country for some time now, with a...

Tribunal Fees have had significant impact on access to justice

  • Posted

House of Commons Justice Committee finds that Tribunal fees have had a significant and unacceptable impact on access to justice The House of Commons Justice Committee has completed its eagerly awaited inquiry into the impact of Employment Tribunal fees,...

TUPE in Part Transfers or not TUPE

  • Posted

The Transfer of Undertaking (Protection of Employment) Regulations, commonly known as ‘TUPE’ is a frustratingly complex area. We have analysed a recent case which has provided some clarification in the law. The TUPE Regulations protect and...

International recruitment: An Immigration Goldmine

  • Posted

Businesses in the UK do not have an automatic right to hire non-EU workers. The right to recruit internationally is regulated by UK Immigration legislation. As a result of this ‘red-tape’, there is no immediate incentive for businesses to...

Avoiding Red Cards in the Workplace

  • Posted

The European Cup 2016 is set to take place between Friday 10 June and Sunday 10 July.  Many of the games, including one between England and Wales, are being played during the working day.   Large sporting events can often throw up a number of...

Football clubs lose employment tribunal cases

  • Posted

Two football clubs are in the news for unwanted reasons having both lost employment tribunal cases in the space of a few days.  Both Jonas Gutierrez (against Newcastle United) and then Lucy Ward (against Leeds United) were successful in their...

Solicitor joins employment team in Grantham

  • Posted

Local law firm, Chattertons Solicitors, are pleased to announce the appointment of Manisha Chauhan to their team in Grantham. Manisha qualified as a solicitor in 2013 and has since been specialising in all aspects of  employment law...

Brexit: will we see employment laws exit stage left?

  • Posted

For the first time in a generation, we are facing the real possibility of the UK leaving the EU. When we consider its potential impact on UK employment law, there are many differing opinions and we wait with interest to see the outcome for ourselves. The EU...

Tier 2 Visa Reforms for Skilled Non-EU Workers

  • Posted

Early this year we reported that the Migration Advisory Committee (MAC) had published a review of Tier 2 (Skilled Worker) migration which had recommended, amongst other things, a minimum salary uplift for future visa applicants. The Home Office have...

Employment Law Changes 2016: Are you ready?

  • Posted

April 2016 sees a number of changes to employment law.  Employment Law Solicitor, Ewan Carr summarises these changes: National Living Wage The well publicised National Living Wage will come into force on 1 April...

Employees 'pulling a sickie' could be dismissed

  • Posted

The Employment Appeals Tribunal has recently clarified the position in respect of the options available to Human Resource professionals in dealing with employees who ‘pull a sickie’. In the case of  Metroline West Ltd v Ajaj , Mr Ajaj was...

Supermarket is vicariously liable for employee attacking customer

  • Posted

An unprovoked attack of a customer by an employee was considered by The highest UK court, the Supreme Court, whether Morrisons supermarket could be held responsible for the employee’s actions. They considered the scope of the ‘close...

National Living Wage - Frequently asked questions and answers

  • Posted

1. When do I need to worry about it? It will be compulsory for all employers from 1 April 2016. 2. Who should I pay the new rate to? It only applies to employees aged over 25 years old. Younger employees will still receive the National...

Office romances - the legal position

  • Posted

Whilst exploring the legal issues surrounding intimate relationships between employees of the same company may seem somewhat unromantic, the truth is that such relationships can lead to problems that employers need to be aware of, and put themselves in the...

Minimum Salary Thresholds for Non-EU Workers - Upcoming Changes?

  • Posted

The Migration Advisory Committee (MAC) has published a review of Tier 2 migration which suggests changes to the salary thresholds that must be met when hiring skilled non-EU workers. In order to hire non-EU workers, employers must ensure that their...

How to host a claim-free Christmas Party

  • Posted

Christmas time is here again, bringing with it all the usual tinsel covered fun and frivolity. In keeping with modern tradition, many employers will be holding Christmas parties for their employees to celebrate the end of hopefully another successful year....

Effect of derogatory comments on social media

  • Posted

A claim brought by an  employee  for unfair dismissal was recently heard in the Employment Appeal Tribunal (EAT) -  British Waterways Board v Smith [2015] .  The employee had been dismissed due to a number of derogatory comments...

Strict time-limits for employment claims

  • Posted

Employees have 3 months less 1 day from the date of dismissal to pursue an employment claim. However, the Advisory, Conciliation and Arbitration Service (ACAS) Early Conciliation process effectively ‘pauses’ the time-limit for up to 1 month plus...

Zero Hour Contracts and Exclusivity

  • Posted

Does your business employ people on zero hour contracts? The Small Business, Enterprise and Employment Act 2015 came into force on 26 March 2015 and one of its main aims is to offer greater protection for zero hour contracted employees by banning...

Shared Parental Leave

  • Posted

From April 2015, a new ‘Shared Parental Leave’ regime will give parents greater flexibility to ‘share’ their entitlement to time off work to look after a new child. A recent government survey – ‘Shared parental leave:...

Employment Solicitor joins Chattertons at Newark

  • Posted

Employment specialist, Danielle Lister has recently joined the  Employment team  and is based at the  Newark  office. Danielle specialises in all aspects of  employment law , supporting both individuals and businesses with the...

New Laws to support Good Samaritans

  • Posted

Changes to the law designed to support Good Samaritans and community heroes moved a step forward recently. The government’s Social Action Responsibility and Heroism (SARAH) Bill is currently being considered by Parliament and has now completed the...

Could you benefit from new rules about flexible working hours?

  • Posted

Before 30 June 2014 the right to request flexible working only applied to parents of children under the age of 17 or disabled children under the age of 18 and those caring for an adult. Since 30 June 2014 this is no longer the case. Now the only requirement...

Top tips on everything you need to know about the hiring process

  • Posted

Before hiring a new employee you should think carefully about the process of advertising the role, producing a contract and much more. Read our briefing which highlights some of the keys factors to consider. This business briefing just provides an overview...

Buying a property with a friend or partner? Protect your investment now

  • Posted

Are you thinking of buying a house with a friend or co-habitant? The Law Society is urging people to seek legal advice before signing an agreement to protect your estate and your investment. Co-habiting couples or friends buying together have no protection...

Have you been a victim of age discrimination in the work place?

  • Posted

Age may be just a number, but for some employees it does not feel that way. The Equality Act 2010 has made it unlawful to discriminate against, harass or victimise an employee because of their age. In Roberts v Cash Zone (Camberley Ltd) Ms Roberts was 18...

Can my boss read my personal emails?

  • Posted

Do you use your work computer for personal matters? Make sure you are clear on your employers right to access or monitor your online activity at work. There is a contractual term of trust and confidence which is implied in every employment relationship. An...

Important changes to Employment Law

  • Posted

Did you know that there have been several key changes in Employment Law? Are you up to date with the changes that came in to force on 6 April 2014? Since 6 April 2014 employees have had the option of submitting details of their dispute to ACAS before they...

Employment Law changes

  • Posted

Did you know that there have been several key changes in Employment Law? Are you up to date with the changes that came in to force on 6 April 2014. From 6 April 2014 employees will have the option of submitting details of their dispute to ACAS before they...

Major Employment Law Change

  • Posted

If you have a claim against an employer, from 6 April you must first go through the Advisory, Conciliation and Arbitration Service. One of the major changes to Employment Law this year will be the launch of the Early Conciliation service on 6 April 2014....