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Emma Kemp
 

Can I require my employees to undergo a DBS check?

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The Disclosure and Barring Service (DBS) allows employers to review criminal record information about current or potential employees in order to help judge their suitability to work in certain roles. The DBS provides four different levels of criminal records...

When can restrictive covenants be too restrictive?

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Post termination restrictions, or restrictive covenants, are stipulations put into contracts that prevent former employees from engaging in certain activities after leaving a job. This is done for a variety of reasons, for example, to protect businesses and prevent former employees from poaching current staff members or clients. There have been several cases where post termination restrictions have been scrutinised in court, and Tillman v Egon Zehnder is one of those cases.

Employee theft; when to investigate

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According to a poll commissioned by office-furniture supplier Kit Out My Office, more than two-thirds of UK office workers have admitted to stealing from their employers and colleagues at some time during their careers. With the cost of stolen items averaging at £12.50 and an estimated 15 million workers having confessed to employee theft, the cost to UK employers adds up to a staggering £190 million each year. For employers, dealing with employee theft can be a difficult process; Employment Lawyer, Emma Kemp, explains what steps you should take if you suspect one of your workers is stealing from your business.

What will the key employment law changes in 2018 be?

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As we move into a New Year, we look ahead to the upcoming changes in employment law legislation. It is important employers familiarise themselves with the upcoming changes in adequate time to enable the necessary steps to be taken to avoid potential fines or claims being brought against them.

What does the Supreme Court decision on Tribunal fees really mean?

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A landmark decision was reached recently by the Supreme Court, who found that employment tribunal fees are unlawful as they “effectively prevent access to justice”. Unison has been in a legal battle with the Government since the fees were introduced, stating that the fees made it “virtually impossible or excessively difficult” for some individuals to exercise their employment rights, and that the fees regime indirectly discriminates against some groups.

Warner Goodman Commercial join forces with Elite HR for upcoming seminar

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The events calendar for Warner Goodman’s Employment department has grown this year; not only will they be running their usual masterclasses and free seminars, but they have also teamed up with local HR recruitment and employment agency, Elite HR, to deliver an additional free seminar.

Employment Law cases to look out for in 2017

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2017 is already set to be an interesting year in terms of Employment case law. Gina McCadden, Solicitor within the Employment Team, takes a look at the decisions we are expecting throughout the year and what affect they may have on employers and/or employees.

Outcome of recent case leads the way for equal pay claims

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A case in the Employment Tribunal has found that a group of Asda retail workers can compare themselves to distribution depot workers for the purposes of an equal pay claim. The ruling means that over 7,000 claims will proceed against the store, equating to over £100m.

Do you know how to manage and support mental health in your workplace?

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Today is World Mental Health Day; a time to raise awareness of the impact mental health has on us all, and educate us on how to support those suffering. Gina McCadden, Solicitor in our Employment team, here reviews the significance of the day and demonstrates to employers their responsibilities towards their employees’ mental health.

Employment Status: Can Uber drivers help steer employers in the right direction?

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Uber, the multinational app that allows users to hail a ride almost immediately, has caused a lot of controversy over the past couple of years and that continues this month as it faces legal action in the employment tribunal (ET). GMB union is representing a group of Uber drivers (the Claimants) who assert that they should be considered ‘workers’ and should therefore entitled to the protections and rights that come with this status. Uber (the Respondent) on the other hand, considers the drivers to be ‘self-employed contractors’ and as such they have very little protection awarded to them by UK employment law.

Hampshire employers must prepare for the new National Living Wage

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The National Living Wage has been catching headlines since Chancellor George Osborne announced it last summer, but the Government’s target of £9 per hour by 2020 has overshadowed the detail, and many businesses remain unaware of the transitional deadlines and new penalties now in place.

Dismissal kicks up a stink at the sewage works

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A worker who was dismissed after failing to follow new health and safety guidelines has won his claim for unfair dismissal in the Court of Appeal. Emma Wyatt, Employment Law Solicitor, reviews the case and warns businesses that it is not enough to issue new procedures and risk assessment requirements, without making sure that employees are fully aware of the changes and are properly trained.

Employers need fit practices to match new Fit for Work service

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Employers should review their policies and contracts of employment to match the new Government-funded initiative ‘Fit for Work’. Gina McCadden, Employment Law Solicitor, here explains how the procedure will work and the changes employers need to implement.

Another big year ahead for Employment Law

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2014 saw ground breaking changes in terms of Employment Law; Equal Pay Audits, ACAS Early Conciliation and Shared Parental Leave were all introduced, and two of the biggest tribunal cases took place involving commission and calculating holiday pay. Emma Wyatt, Assistant Solicitor in our Employment Team, here explains how 2015 is set to be yet another year of developments as these implementations continue to take effect over the next 12 months, and how the result of the upcoming General Election could take us down a very different path.

Be careful if you're leaving employees lonely this Christmas

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As the countdown to the festive season gets underway, employers juggling the holiday requests are being reminded to check their policy for lone workers. Emma Wyatt, Employment Lawyer, explains that this warning has come to light following a recent case involving convenience store operator McColl, who was fined £150,000 for failing to protect its staff during a series of store robberies in Merseyside.

Stork inbound - who will be looking after the new arrival?

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The Festive Season this year starts for some when on 1 December much anticipated legislation comes into force that will give effect to the new ‘shared parental leave’ regime. The new law will apply to employees whose babies are due (or who will adopt a child) on or after 5 April 2015.

Verdict on obese employees hangs in the balance

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Against a backdrop of soaring levels of obesity, employers are waiting on the outcome of a European Court ruling which may mean that special treatment has to be given to employees whose weight is causing them problems in the workplace. Gina McCadden, Employment Lawyer, reviews the case and explains what this means for employers.

#MindYourMouth warning to business as revelations go public

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There’s a warning to mind p’s and q’s as the sexist revelations of football Premier League chief executive Richard Scudamore go public, following hard on the heels of racist comments by Los Angeles Clippers’ owner Donald Sterling. On top of this, an employment tribunal has recently said that secretly taped evidence is admissible in an employment tribunal hearing.

Interesting Judgement on TUPE Transfers

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It is now commonly understood that if a service providers’ contract with its client is terminated employees of the service provider engaged mainly or wholly to fulfil the contract are likely to transfer to the employment of the client under The Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended (TUPE).

Employment Team grows with newly qualified solicitor

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The Employment Team at Hampshire based law firm, Warner Goodman LLP, has recently expanded as Emma Wyatt becomes a fully qualified solicitor after completing her 2 year training contract with the firm.

Employers need to mend the roof before the storms

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With the threat of harsh weather on the heels of Christmas, as in previous hard winters, UK business is likely to lose millions of working hours due to employees not turning up for work. As many businesses suffer drastic cuts in output by staff absence, and many outlets are forced to close due to lack of staff, Emma Wyatt, Employment Trainee Solicitor, highlights here how employers should be prepared for the bad weather.