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Section 1 of the Employment Rights Act 1996 lists several terms and conditions which must be included in an employee’s contract of employment, such as pay, training, benefits, and holiday entitlement. However, there are many additional clauses that,...
Improper and unlawful treatment of your pregnant employees can lead to a variety of claims in the Employment Tribunal. Our Employment Law team today reviews the case of Mrs A Rodin v Dhillons Management Services Limited 2021 and an employer’s...
Following a consultation it conducted last year, the Government has indicated its intention to introduce a new form of unpaid leave for employees with caring responsibilities. Our Employment Law team today outlines who will qualify for this new form of...
This week is Road Safety Week, a time to raise awareness of how we can all make our roads a safer place for pedestrians, cyclists and motorists. Organised by road safety charity, Brake, this year our road safety heroes are being celebrated,...
Understanding the Working Time Regulations is a key part of your responsibilities as an employer and any breach of these could land you in tribunal. Our Employment Law team today review the case of Mrs McMahon v Heron Financial Limited 2020 and the...
Artificial Intelligence (AI) is becoming increasingly common in employee management and recruitment. There is no universal definition of AI, but for the purposes of this article, AI refers to computers that use algorithms to analyse large amounts of data and...
Help to Buy was first introduced by the Government in 2013 with many people taking advantage of this scheme in order to purchase their first home. Once the equity loan reaches five years old interest starts becoming payable, which can encourage home...
Settlement agreement negotiations can be long-winded and occasionally, employees can request outstanding payments are made on top of their settlement. Our Employment Law team today reviews the case of Mr P Porchetti v Brush Electrical Machines...
A flexible working request is any request by an employee to change their working pattern, including a change of location (for example, working from home), a different start or end time, or moving from full-time to part-time. Currently, many employees...
It is often thought that the purchase price for a share buy back has to be satisfied in cash; however, it could be structured in such a way that the company sells an asset to the outgoing shareholder for cash which can then be set-off against the...
Facing unpaid invoices will be a disrupting time for any business. With the added administration, distraction and impact on your cash flow, addressing debts at an early stage is key for stability, however we appreciate that tackling your customers or...
Offering the right to appeal in a dismissal is a controversial area, with some tribunals ruling that a lack of a right to appeal renders the dismissal unfair. Our Employment Law team today review the case of Mr G Moore v Phoenix Product Development...
In the case of Follows v Nationwide Building Society 2020, a UK Employment Tribunal for the first time upheld a claim of indirect associative discrimination. This is an important decision which could have implications for employers as to the treatment of...
As of 4 th January 2022, the Government will be able to scrutinise, intervene and impose conditions in certain acquisitions. In some instances, the Government may be able to unwind or block an acquisition altogether under the National Security and...
Making reasonable adjustments for an employee is an important consideration for employers regarding avoiding tribunal claims. There are circumstances where not making reasonable adjustments could be considered fair by an Employment Tribunal. ...
Finding and recruiting the right candidate for your business can be an arduous process and may, in some circumstances, end in a tribunal claim from an aggrieved candidate. Our Employment Law team today discuss some of the mistakes employers may make during...
Timing is a vital part of any building and construction contract and understanding the implications of delays can help in avoiding disputes. The same can be said for when an employer wants a project completed ahead of time, known as acceleration. ...
Celebrating the successful milestones of our employees is an important part of who we are as a firm, so we are sending our congratulations to Charlotte Payne who began her Period of Recognised Training with us on 1 st October 2021. It was in May 2018 when...
Data protection is such an important part of every business, and includes the data of our employees. Our Employment Law team today review the case of Mrs J Walker v South Tees Hospital NHS Foundation Trust 2021 and whether a privacy violation by a...
One of the consequences of the Covid-19 pandemic has been a renewed focus on the importance of mental health. The Office for National Statistics has found that one in five adults experienced depression in early 2021, double the rate reported before the...
Offering the right to appeal can be a difficult decision; while it is not always a legal right, it could be considered an ethical right to allow an employee the right to appeal the decision to dismiss them. Our Employment Law team here reviwes the case of ...
A Status Determination Statement (SDS) is a written statement prepared by a business which states the employment status of a contractor whom they engage. As of April 2021, all large and medium sized businesses have been required by the off payroll working...
October sees a major milestone in notice periods for residential tenancies where landlords are seeking possession, as they revert to pre-pandemic requirements. The time during the pandemic has been tough for both landlords and tenants alike, with many...
Racism in the workplace should not be tolerated and employers have a duty to ensure the proper action is taken when racist actions are brought to their attention. Our Employment Law team today reviews the case of Ms Muna Abdi v Deltec International...
With the recent fuel crisis causing shortages and travel disruptions across the UK, many employers may be wondering what their options are if employees cannot travel in to work, or if their business is affected. Our Employment Law team discusses your...
Delays are a regular occurrence in construction projects and so protecting you and the project with the appropriate clauses in your contract can assist in the long term against disputes arising. It is vital that you understand what would constitute a...
In adequate management of your pregnant employees could see you in Employment Tribunal, so it is vital that you treat your employees with the due consideration to avoid such claims. Our Employment Law team here reviews the case of Mrs A Thompson v...
The experiences of women coping with the menopause at work has been in the news recently with the Guardian newspaper reporting a significant increase in the number of women who have brought menopause-related claims against their employer. Additionally,...
None of us knows what the future holds and it is practical to make plans that can protect you in any eventuality. Having a Lasting Power of Attorney (LPA) in place can do this for a variety of situations, for example if you develop dementia, sustain...
Finding an alternative role for an employee is one suggestion that may arise from an Occupational Health report and employers should take those recommendations seriously and work with the employee in question to find a role. Our Employment Law team...
Last month, a report by the Intergovernmental Panel on Climate Change revealed disturbing conclusions about the condition of our environment. While finding that some of the effects of climate change are now irreversible, the report also said it was still...
In all areas of construction , time is one of the biggest areas of disputes. Knowing how much time you have to complete your project, how to ask for extensions, and how to manage your time related risks are vital. Andrew Cullyer , Litigation...
Managing whistleblowing in your organisation is a fine balancing act. Understanding how to treat an employee is of vital importance to avoid a tribunal claim; however it's also important that the employee understands how to act after a...
Pay rates for remote workers have been in the news recently after Google announced it may cut the pay of US staff who work from home. It was also reported that a UK Cabinet minister argued that civil servants who work from home have effectively...
Reaching the decision to divorce will understandably be an emotional one for all concerned and it will be the beginnings of a new chapter in your life. Knowing where to turn for the right legal advice and having knowledge of what lies ahead can help...
Acting swiftly and appropriately when a grievance is raised is crucial to the management of the situation and to reduce the likelihood of it proceeding to Acas. Our Employment Law team to reviews the case of Mrs S Stannard v Overseas Courier...
The Government has recently published its response to a consultation it conducted on sexual harassment in the workplace. This consultation found that workplace sexual harassment is still a significant problem in our society and in response the Government has...
When considering redundancies in your business, it is important that you follow the right procedure to avoid potential tribunal claims against you, including reviewing all suitable alternatives to redundancies. During Covid-19, one alternative would...
Frequent employee turnover can be expensive for a business. It costs time and money to recruit and train someone new, and productivity remains lower while a new employee gets up to speed. High turnover can also decrease employee morale and make it more...
Flexibility is one of the top benefits that employees are now looking for as an outcome of the Covid-19 pandemic; employers who don't consider this or follow a correct procedure could face not only losing a valued employee but also the Employment...
Though a useful security tool, CCTV can have a significant impact on individuals’ privacy and, as such, cannot be used indiscriminately. Our Employment Law team here discusses when employers can use CCTV, the rights of employees to respect for their...
We are now beginning to see the influx of Employment Tribunal cases arising from Covid-19 concerns; today our Employment Law team reviews the case of Mr B Gibson v Lothian Leisure 2021 in which the Employment Tribunal (ET) considered whether an employer...
A recent decision by the European Court of Justice (ECJ) regarding banning religious and other symbols of belief in the workplace has been criticised as a “blow to inclusion” and “opening a backdoor to prejudice.” However, many...
Covid-19 has given employers many different complications over the last 18 months and we are now starting to see Employment Tribunal claims arise from the decisions made during the pandemic. Our Employment Law team today reviews the case of Mr C...
As employees begin to return to the workplace, many employers may want to know who in their workforce has been vaccinated against Covid-19. Employers planning on asking employees for this information must ensure they have a clear and necessary reason and...
Our policies and procedures within a business are the foundation of our relationships with our employees and it is vital that should a policy change, our employees are updated and supported in order to achieve any change in request. This brings us to the...
Directors are responsible for running a company and making decisions about its management. They have a number of different legal duties including to act in good faith, exercise reasonable care, and promote the interests of the company. Some Directors may...
Dividing your matrimonial assets in a divorce will be difficult and complex depending on the assets accumulated during your marriage. This can be more complicated if there is a business. Sam Miles , Partner in our Family Law team, discusses...
Building and construction disputes can be stressful, and one of the problems is knowing where to start. Evidence is about proving what happened and provides you with the opportunity to demonstrate that an agreement was made on a certain date or the...
Working with your employees who have a disability is crucial to ensure they feel supported in their role, improving their productivity levels and loyalty to your organisation, as well as reducing the risk of tribunal claims against you in the future. ...
