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Employment Law Blog

National Minimum Wage for sleeping on the job?

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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

Danielle Lister
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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?

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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?

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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

Danielle Lister
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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

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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

Danielle Lister
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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

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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

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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

Danielle Lister
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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

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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

Louis Harman
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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?

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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

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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

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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

Danielle Lister
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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?

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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?

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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?

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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

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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

Danielle Lister
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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!

Danielle Lister
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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

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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

Danielle Lister
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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

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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

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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

Danielle Lister
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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

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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

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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

Danielle Lister
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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

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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

Danielle Lister
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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

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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?

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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?

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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

Danielle Lister
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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?

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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

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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?

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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

Danielle Lister
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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

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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

Danielle Lister
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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

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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

Louis Harman
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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

Danielle Lister
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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

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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

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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?

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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

Louis Harman
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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?

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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...

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