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Employment Law Blog

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

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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

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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

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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

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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

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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...

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...

Employees 'pulling a sickie' could be dismissed

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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

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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

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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

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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?

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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

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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

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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

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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

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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

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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

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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

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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?

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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

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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

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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?

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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?

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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

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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

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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

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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....

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