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