Employment Law Blog

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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....

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...

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...

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...

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 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...

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...

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...

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...

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...

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...