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What are my obligations towards employees going through the menopause?

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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,...

How can I make my workplace more environmentally friendly?

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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...

Employment Law Case Update: Unfair Dismissal after Whistleblowing Disclosure

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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...

Can I reduce the pay of my remote workers?

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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...

Employment Law Case Update: Direct Sex Discrimination and Unfair Constructive Dismissal

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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...

What are my responsibilities regarding sexual harassment in the workplace?

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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...

Employment Law Case Update: Furlough as an alternative to redundancy

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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...

How can I encourage employee retention?

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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...

Employment Law Case Update: Indirect Discrimination Based on Gender and Unfair Dismissal

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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...

Can I use CCTV to record my employees?

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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...

Employment Law Case Update: Covid-19, Unfair Dismissal and Health and Safety

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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...

How can I encourage diversity and inclusion in the workplace?

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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...

Employment Law Case Update: Covid-19 and Unfair Dismissal

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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...

Can I ask my employees if they've been vaccinated?

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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...

Employment Law Case Update: Unfair Dismissal and Inadequate Disciplinary Process

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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...

Is a Director an employee of a company?

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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...

Employment Law Case Update: Constructive Unfair Dismissal and Disability Discrimination

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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. ...

What is a consultancy agreement?

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Consultancy agreements are used by businesses to engage the services of an individual without forming an employment relationship. Our Employment Law team here reviews the different types of consultancy agreements, their benefits and drawbacks, before...

Employment Law Case Update: Unfair Dismissal and Sick Leave

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Managing your employees while they are on sick leave can be tricky; ensuring the right level of contact to make them feel they are still part of the organisation while not being checked up on. How should employers act however if an employee on sick...

Are gender critical beliefs protected by the Equality Act 2010?

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A recent case heard by the Employment Appeal Tribunal, Maya Forstater v CGD Europe 2021 established that ‘gender critical’ beliefs, such as the belief that there are only two sexes and that individuals cannot change their sex, are protected...

Employment Law Case Update: Pregnancy Discrimination and Covid-19

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Adjusting to a new way of working over the last year has been a challenging one for employers and employees, particularly if you have vulnerable or at risk employees. Making the right decisions for their health and safety as well as their mental...

Employment Law and Covid-19 - an update for employers

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Over the past year and a half employers have had to make many adjustments and comply with ever evolving rules regarding subjects such as lockdown, furlough, and working from home. Our Employment Law team provide an update on these areas of employment law...

Employment Law Case Update: Furlough Leave and Unfair Automatic Dismissal

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Furlough leave has certainly been a learning curve both employers and employees alike and we are beginning to see the Employment Tribunal rule on certain issues. Today, our Employment Law team review the case of Mr Francesco Accattatis v Fortuna...

Should I offer my employees enhanced maternity and paternity pay?

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A recent survey conducted by XpertHR found that a majority of UK employers offer enhanced maternity and paternity pay to their employees. Our Employment Law team discusses some of the benefits and drawbacks of offering enhanced maternity and paternity pay...

Employment Law Case Update: Flexible Working Request and Sex Discrimination

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When approached by an employee with a flexible working request, it is important that as an employer, you consider the individual circumstances of each case. Our Employment Law team here review the rather unedifying case of Mrs L Hodgeson v Martin...

How can I manage workplace conflicts with my employees?

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All businesses experience conflict, but when not handled appropriately, conflicts in the workplace can lead to high staff turnover, decreased motivation, and an increase in costs for employers. A recent report published by Acas has estimated that the...

Employment Law Case Update: Reasonable Adjustments

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Making reasonable adjustments is an important part of supporting your employees, particularly if they have a disability. Our Employment Law team here reviews the uncomfortable case of Mr J Kane v Barclays Bank UK plc 2021 in which the Employment...

Top five considerations for senior employees when negotiating settlement agreements

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There are many reasons as to why an employee may leave their employment, including redundancy, poor performance, or simply a desire for change. Whatever the reason, leaving a job can be a stressful process, even for those at the top of the corporate ladder....

Employment Law Case Update: Breakdown of Trust and Confidence

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When an employee is diagnosed with an illness, it's crucial that as an employer you offer them the right support and don't discriminate against them. Our Employment Law team today review the case of Mr D Barrow v Kellog Brown & Root (UK)...

What is hybrid working and what should I consider as an employer?

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Hybrid working is a form of flexible working that allows employees to split their time between the workplace and working remotely, usually from home. Under hybrid working arrangements, an employee may have set days when they can work from home, for example...

Employment Law Case Update: Furloughed Agency Worker

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The last year has introduced us to new Employment Law terms, specifically the concept of furlough leave . This has given rise to many different questions and potential tribunal cases and today, our Employment Law team review the case of Miss K...

Important notes for employers during Pride Month

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June is Pride Month, a month dedicated to celebrating and embracing the diversity of the LGBTQ+ community. It is also a time to recognise the progress that has been made in advancing the rights of LGBTQ+ people while acknowledging the work that still has to...

Employment Law Case Update: Harassment and Discrimination

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Choosing your words carefully is important when you're managing employees and today our Employment Law team review the case of Ms K Moth v The Chief Constable of Devon and Cornwall 2021 in which the Employment Tribunal (ET) had to consider whether a...

Can I force my employees to take annual leave?

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As vaccine programmes continue in the UK and the rest of the world, many people are no doubt excited by the possibility of taking a holiday abroad this year. However, employers should be cautious that employees don’t save up their holiday days...

Employment Law Case Update: Unfair Redundancy Procedure

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Carrying out redundancies will be a sensitive matter for all concerned and it is vital that employers follow the necessary procedures and do not come to any conclusions before the relevant meetings. Our Employment Law team today review the case of ...

Can I record virtual meetings with my employees?

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Following the past year many of us are now used to conducting all of our meetings virtually on platforms such as Zoom or Microsoft Teams. While this technology has been helpful in keeping us connected, it has also made it easier to record meetings where...

Employment Law Case Update: Sleep-in workers and National Minimum Wage

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In the case of Royal Mencap Society v Tomlinson-Blake the UK Supreme Court finally settled the question of whether a worker is entitled to be paid National Minimum Wage (NMW) for the hours they spend sleeping onsite during a ‘sleep-in’...

What is the implied term of trust and confidence in an employment contract?

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A contract of employment is comprised of more than just the express terms given to the employee in the document. Employers should also be aware of implied terms, which are terms not expressly written in the contract but are implied into it by the...

Employment Law Case Update: Discrimination Based on Sex

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Ensuring a non-discriminatory workplace is one of the fundamentals of Employment Law, and when this is not provided the results can easily end up in tribunal. Our Employment Law team today review the case of Ms Eleanor Stevenson v Eden Beck Ltd and...

What are my rights if my employer goes into administration?

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Finding out your employer is going into administration can be very stressful and will likely raise many questions about the future. Our Employment Law team here discusses how employees’ contracts of employment and rights are affected by...

Employment Law Case Update: Covid-19 Unfair Dismissal

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The last 12 months have raised many different questions for world of Employment Law , with the introduction of furlough leave and additional health and safety requirements in the workplace. It is only now that we are starting to see claims of this...

Can I discipline an employee for misconduct outside work?

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Generally, the actions of our employees outside of the workplace, on their own time, is their business and should not concern their employer. However, an employee’s actions outside work may give rise to disciplinary action where they adversely...

Employment Law Case Update: Grievance and Investigations

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Properly investigating when an employee raises a grievance against a colleague is vitally important to remedy the concern and also stay out of the tribunal. Our Employment Law team here reviews the case of Miss P Newcombe v Machynlleth...

What is TUPE and how does it work?

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The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects the rights of employees when the business or part of the business they work for changes hands. When TUPE applies, the relevant employees transfer from the original employer...

Employment Law Case Update: Discriminatory Views Led to Fair Dismissal

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When can a dismissal be considered fair if the decision is based on discriminatory views? That is the question that was asked of the Employment Tribunal in the case of Ms Seyi Omooba v Michael Garret Associates Ltd, t/a Global Artists and...

New Government guidance released for employers regarding the return to the office

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As this week we see many businesses re-open after the latest lockdown, the Government has also addressed whether employers can begin to bring their employees back to the office after they have been working from home. On 29 th March 2021, new guidance...

Employment Law Case Update: Redundancy or Discrimination

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Identifying and documenting the true reason for dismissing an employee can go a long way when it comes to defending a tribunal claim against you, and ensuring that you are not being discriminatory at any step along the way can help even further. Our ...

How can I help my employees manage stress in the workplace?

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Almost everyone experiences some stress at work from time to time; however, prolonged stress can have an adverse effect on the health of your employees and your business. You, as an employer, have a legal duty to protect your employees’ health and...

Employment Law Case Update: Race Discrimination and Whistleblowing

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Whistleblowing and protected disclosures are becoming an increasingly important topic in the aftermath of Covid-19 and so it's important for employers to recognise when an employee may be making a protected disclosure so they can act accordingly. ...

How has Covid-19 changed Gender Pay Gap Reporting?

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Gender pay gap reporting was first introduced by the Government in 2017. Regulations require employers with over 250 employees to report the average difference in pay between men and women in their organisation. This difference is calculated based on a...

Employment Law Case Update: Constructive Unfair Dismissal and Breach of Contract

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Breaching the terms of an employees' employment contract will have serious ramifications for employers and so before any decisions are made you should ensure that your actions will not have consequences. Our Employment Law team today reviews the...

Can I suspend my employee?

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Suspension is when an employee remains employed but does not do any work or attend the workplace and there are several different circumstances when they may be appropriate. Suspensions can be used to protect the integrity of a disciplinary investigation, but...

Employment Law Case Update: Age Discrimination

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All employers know that they cannot discriminate against an employee based on their age, but did you know that you also cannot discriminate against a potential employee? Protected characteristics also apply to job candidates and our Employment Law ...

What does dismissal for some other substantial reason mean?

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As an employer, there will no doubt come a time when you need to dismiss an employee. Under Section 98 of the Employment Rights Act, there are five potentially fair reasons to dismiss an employee, which are capability, conduct, redundancy, breach of...

Employment Law Case Update: All Reasonable Steps Defence

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In Employment Law , it is not enough to simply supply training or policies for your employees; you must ensure you go one step further and ensure they are up to date and training is refreshed on a regular basis. Our Employment Law team today reviews a...

How can I support an employee if they have a substance abuse problem?

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Substance abuse remains a sensitive topic for many people despite the fact that it affects many lives across the UK. For instance, in 2017/2018 the NHS estimated that approximately 586,000 adults in England had an alcohol dependency. Substance abuse poses a...

Employment Law Case Update: Uber BV and others v Aslam and others

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In the case of Uber BV and others v Aslam and others [2021], after five years or wrangling, the UK Supreme Court unanimously decided that Uber drivers are workers and therefore entitled to certain employment rights. Our Employment Law team here...

How can I support an employee experiencing domestic abuse?

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Covid-19 has had many serious consequences on our health, economy and personal relationships, and unfortunately the resulting lockdowns arising from the pandemic have led to an increase in reports of domestic abuse . Working from home...

Employment Law Case Update: Redundancy Procedure

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One of the many unfortunate side effects of the Covid-19 pandemic has been the impact on our economy and the rise in redundancies. When making redundancies in your business, it is crucial that the right procedure is followed, whether that is for...

Data protection implications regarding employees who have had the Covid-19 vaccine

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Our Employment Law team have previously discussed whether employers are able to force employees to have the Covid-19 vaccine, considering factors such as time off, consent, health and safety and the definition of a “reasonable management...

Employment Law Case Update: Sickness Absence Dismissal

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Following a fair procedure is one of the fundamental rules within Employment Law , particularly following a fair procedure that is detailed in your own policies. Our Employment Law team review the case of Mr V Rumbold v Jaguar Land Rover and what...

Are employees entitled to time off work to get the Covid-19 vaccine?

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The United Kingdom’s vaccine roll-out continues to make progress, with more than 11 million people having received their first jab so far. While many employers may be eager to have their workforce vaccinated, some may be wondering whether they are...

Employment Law Case Update: Reasonable Adjustments for Mental Health

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Mental health has always been a topic of interest for employers as they understand the nuances required to manage an employee suffering with poor mental health. Our Employment Law team today review the case of Mr A Hurle v London Fire Commissioner...

Six Employment Law cases to watch in 2021

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There are several important employment law developments employers can expect in 2021 as the outcome of various tribunal cases will be decided. Staying up to date with tribunal cases is an excellent way for employers to understand how the law is...

Employment Law Case Update: Less Favourable Treatment Due to Pregnancy

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No employee should receive less favourable treatment than their colleagues. Not only will it impact their own mental wellbeing and productivity, but it could also lead to a tribunal claim being brought against the employer, potentially resulting in...

Could Long Covid be a disability under the Equality Act 2010?

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Though the majority of people who have been infected with Covid-19 fully recover within twelve weeks, some individuals have reported experiencing Covid-like symptoms for much longer. These people may be suffering from Post-Covid syndrome, or ‘Long...

Employment Law Case Update: Sex Based Discrimination and Harassment

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Discrimination in the workplace continues to be a leading cause for Employment Tribunal claims, and some situations are easily avoidable. Our Employment Law team today reviews the case of Miss S Veitch and Miss N Sobihy v Stessa Leisure Holdings Ltd...

Can I dismiss an employee with less than two years' service without following a fair procedure?

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It is usually only after two years of continuous service that an employee becomes protected against unfair dismissal. Employers are generally entitled to dismiss an employee with less than two years service without needing to follow a fair procedure or...

Employment Law Case Update: Protected Disclosure Dismissal

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Whistleblowing, health and safety and protected disclosures are an increasing side effect of the Covid-19 pandemic, with employees raising concerns with their employers regarding the health and safety of being in the workplace during the pandemic. It...

Can I force my employees to return to the office when they have been working from home?

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With the UK entering its third national lockdown, it is clear that many employers will have to maintain homeworking arrangements well into 2021. There is hope however, that as vaccines continue to be distributed throughout the country this will be the final...

Employment Law Case Update: Indirect Age Discrimination

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As an employer, it is likely that you will be aware of the ways you can directly discriminate against an employee but how in tune are you with your practices and policies that constitute indirect discrimination. Our Employment Law team review the...

Can I force my employees to have the coronavirus vaccine?

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As we enter another national lockdown at the beginning of a New Year, the glimmer of hope that many people, including our Prime Minister, are clinging to is the roll-out of the Covid-19 vaccination. However, many employers may also be wondering how the...

Five key changes to Employment Law in 2021

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After a difficult and turbulent year many employers are no doubt hoping for a smoother 2021. However, the coming 12 months will have their own challenges and employers should be prepared. Our Employment Law team here outline some of the main changes in...

Employment Law Case Update: Religion and Belief Discrimination

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Every employer should be aware of the nine protected characteristics under the Equalty Act 2010 regarding discrimination against employees; one of which being religion or belief. Our Employment Law team reviews a case here, Higgs v...

ICO Update - Important information for employers regarding Data Subject Access Requests

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The Information Commissioner Office (ICO) has recently released updated guidance for businesses on how to handle a data subject access request (DSAR). Our Employment Law team here outline some of the main points employers should be aware of and...

Employment Law Case Update: Disability Discrimination and Dismissal

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As employers, it's vital that you follow your own procedures should you need to take an employee through a disciplinary or dismissal. Our Employment Law team today discusses the case of Mr D Walker v Old Swinford Hospital School which...

Should I let my employees work remotely from abroad?

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Over the past year, many employers and employees have realised that some jobs can be effectively done from the employee’s home. Consequently, some employees may wish to take this a step further and request to work remotely from abroad. Our ...

Employment Law Case Update: Failure to Investigate

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When faced with an employee's misconduct it is crucial that as an employer, you investigate the incident adequately, as well as any subsequent grievances that may arise from it. Our Employment Law team today review the case of Mr Lancelot Lewis...

How does furlough impact bank holidays?

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As the holiday season approaches, one question that may be on employers’ minds is how their furloughed employees will be affected by the upcoming bank holidays. Our Employment Law team discusses this here, outlining some of the rules regarding annual...

Employment Law Case Update: Age Discrimination and Retirement

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When considering a retirement age within your business, if you wish to make this a mandatory age, there will need to be legitimate business reasons for such a requirement. Our Employment Law team today review the case of Professor Paul Ewart v...

What should be included in a homeworking policy?

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The mass shift to homeworking arrangements has been one of the many challenges employers faced this past year. Many employers will have had to devise a homeworking policy without the benefit of much experience with homeworking in their workplace....

Employment Law Case Update: Breach of Implied Trust and Confidence

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Failure to support a management team without proper consultation or justification could lead an employer to more problems than a disgruntled manager. This is demonstrated in the case up for review today by our Employment Law team of Ms Gillian...

It's good to talk (sometimes): Acas Early Conciliation is changing from 1st December 2020

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In September 2020, the Government introduced amendments to the snappily titled Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014. These made changes to Employment Tribunal procedure and compulsory Acas Early...

Updated Coronavirus Job Retention Scheme Guidance - What do employers need to know?

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Update: On 3rd March 2021, Rishi Sunak announced in his Budget that furlough leave would now be extended until the end of September 2021. On Saturday 31 October, Prime Minister Boris Johnson announced that there will be a 4 week lockdown, including...

Employment Law Case Update: Constructive Unfair Dismissal and Appeals

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Every employer should have a process when managing dismissals with the right to appeal an integral part of that process. However, can that appeal process hamper any potential constructive unfair dismissal claim from an employee? Our Employment...

What is an interim relief order in relation to whistleblowing?

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The coronavirus pandemic has brought with it many changes in Employment Law and it has also seen an increase in whistleblowing from employees, whether that is in relation to furlough leave or employers breaking health and safety rules in making workplaces...

Employment Law Case Update: Age and Disability Discrimination

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All employers should be aware of the nine protected characteristics in Employment Law, which includes age and disability. Our Employment Law team here review the case of Walsh v Rose Medical Limited, which demonstrates how an employer should not...

Do I need to offer my employee the right to appeal if I have made them redundant?

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When planning to make redundancies in your organisation it is important that you adopt a fair procedure, which may or may not include offering the employee the right of appeal. Strictly speaking, there is no legal obligation to offer employees a...

Employment Law Case Update: Is Stoicism a philosophical belief?

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It's important for all employers to be aware of the 9 protected characteristics under teh Equality Act 2010; one of which being religion or belief. Our Employment Law team today review the unprecedented case of Mr S Jackson v Lidl Great...

What is the Job Support Scheme?

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Since publication of this article, on 31st October it was announced that a further national lockdown would commence starting on 5th November and ending on 2nd December. It was subsequently announced that the Coronavirus Job Retention Scheme (CJRS)...

Employment Law Case Update: Redundancy and Alternative Employment

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With the furlough scheme coming to an end in a matter of days, unfortunately more businesses are facing the difficult decision of making redundancies , even with the new Job Support Scheme on offer. It is vital that if you are considering...

How do I practice positive action in my business?

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As businesses plan their future through the current global health crisis, building a strong workforce will be more important than ever. When building a team, employers should not overlook the benefits of diversity in their workforce as there is some evidence...

Employment Law Case Update: Gender-Fluid and Non-Binary Employees

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A recent case has added further to the ever-evolving situation regarding gender-fluid and non-binary employees and the protections afforded them under the Equality Act. This is an area with fast moving precedents and it’s one to watch. Our Employment...

What is the Kickstart Scheme?

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It was announced on 25th January 2021 that employers are no longer required to have a minimum of thirty placement opportunities to be able to use the Department for Work and Pensions application process. In an attempt to boost the creation of jobs in...

Employment Law Case Update: Time Spent Travelling

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A ground breaking case, which has taken four years to conclude, has highlighted the need for employers to ensure that their employees are being paid ther National Minimum Wage, and that their time working is adequately reflected to ensure this. Our ...

What are the practical considerations of bringing employees back from furlough leave?

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Update: On 3rd March 2021, Rishi Sunak announced in his Budget that furlough leave would now be extended until the end of September 2021. On 31 October, it was announced that the Coronavirus Job Retention Scheme would be extended until the end...

Employment Law Case Update: Foster Carers

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Employment status continues to be an important topic for employers, as demonstrated by the latest ruling for foster carers in Glasgow. Our Employment Law team here reviews the case, the ruling and what this means for employers. Two foster carers,...

What do I do if my employee is accused of a crime?

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The relationship between employers and employees is highly important and it is understandable that you will be concerned about the repercussions if an employee is accused of a crime. When faced with this, employers must be careful of the accused...

Employment Law Case Update: Mental Health

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Mental health is an incredibly important subject amongst our employees and it is vital that employers manage this with sensitivity, understanding and ensuring managers are able to spot the signs. Our Employment Law team here review the case of...

How do I select the pool for redundancy?

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If your business has to make the difficult decision to make redundancies , there is a set process you are required to follow. This will be a challenging time for both you and your employees as you face an uncertain future, but following this procedure...