Employment Team

Our clients often ask us whether they should be monitoring diversity and if so, the questions to ask. In some cases you will be obliged to carry out diversity monitoring anyway (due to the size of your organisation or the sector that you work in) but really...

Most businesses have a presence on social media such as Facebook, Instagram, Twitter, and LinkedIn to connect with professional contacts, employees and clients or customers. Over the course of their employment, some of your employees may add professional...

Absence without leave, or AWOL, is when an employee leaves or does not show up for work without permission and without contacting their employer. Dealing with a no-show employee can be stressful for employers, and this article discusses what courses of...

What is a fit note and when is a fit note required? A fit note is an official written statement from a doctor giving their medical opinion on a person’s fitness for work. As of the 1 st of July, fit notes may also be issued by...

It may be hard to believe but we are now half way through 2022. In this article we look back at some of the most significant employment law decisions so far this year and what they mean for employers. Covid-19 in the workplace ...

We are delighted to announce that on Friday 1 st July 2022, the Warner Goodman LLP Peace of Mind team were awarded with a “Highly Recommended” award at the LawNet 2022 Awards, in the Team of the Year (Business Law) category. The...

Despite increased awareness of racial disparities in the workplace, racial discrimination persists. While many employers want to promote racial equality at their organisation, some may not know where to start or may be worried about getting it wrong. This...

Employees may secretly record conversations at work for several reasons including to: collect evidence; ensure what they say won’t be misinterpreted; keep a record; and obtain...

Many businesses and charities have volunteers on staff to perform work for the business. Employers need to be careful however, that their volunteers do not gain worker or employee status, entitling them to the National Minimum Wage, paid annual leave, and...

When victimisation occurs in the workplace it lowers employee morale, contributes to a harmful working environment, and may lead to costly tribunal claims. This article discusses victimisation and some things employers can do to help prevent it. ...

Do employers have to provide a reference? There is a myth that employers must provide exiting staff with a reference. This is not the case. There is no legal obligation to provide a reference for staff and employers are entitled to...

The discussion of flexible working and work-life balance has increased across all industries, especially resulting from the COVID-19 pandemic. We are often asked for advice by clients about how they should deal with various requests tied to flexible working,...

The rise of homeworking over the past couple of years has caused some employers to consider using electronic monitoring to keep track of their employees’ activities during working hours. Methods of electronic monitoring include: ...

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...

Many people struggle with fertility issues. The NHS estimates that 1 in 7 couples in the UK are faced with infertility problems. Infertility, and associated treatments, can have a significant impact on a person’s mental health: they may experience...

What does the Living with COVID-19 Plan mean for employers in England? Since the beginning of the COVID-19 pandemic, we have often been asked how the relevant Government guidance should be applied in practice in the workplace....

Ramadan is the ninth month of the Islamic calendar, and it is a sacred month of fasting, prayer, and reflection for Muslims all over the world. Muslims will not eat or drink during daytime hours and will refrain from undesirable habits such as smoking,...

More than 30 companies in the UK will trial a four-day working week in June 2022. The trial, coordinated by 4 Day Week Global, aims to establish if flexible working can improve productivity. For six months employees will work 80% of their usual hours with no...

Many employers are struggling to retain their top talent in the midst of the “Great Resignation” and some may be considering implementing pay rises to encourage employees to stay. While a pay rise may be an effective way to foster employee...

Beginning today, April 6 2022, important changes come into effect regarding how employers conduct right to work checks for their employees. This article outlines these changes and the potential consequences of failing to carry out...

We often get asked about whether employees are entitled to make changes to their working practices, and if we make changes for one employee whether there is an obligation to do the same for others because a precedent has been set. Questions vary from whether...

Garden leave is one method employers can use to protect their business interests when an employee leaves their employment. When an employee is placed on garden leave they may be restricted from attending work, contacting customers and performing their normal...

This week is neurodiversity celebration week. This article explains what neurodiversity is, how a neurodiverse workforce can benefit employers, and how you can make your workplace more neurodiverse and inclusive. What is neurodiversity? ...

If you believe that one of your employees has committed misconduct you may think that swift disciplinary action is the only appropriate response. However, rushing to impose a disciplinary sanction without a reasonable investigation may lead to a costly...

Our Employment Law team today reviews the case of Hutchinson v Asda Stores Ltd 2021 in which the Employment Tribunal (ET) considered the genuinely delicate question of whether an employee suffering with dementia was unfairly dismissed and subject to age...

In celebration of the Queen’s Platinum Jubilee, the Government has announced an additional bank holiday on Friday 3 June of this year. The bank holiday that normally occurs in late May has also been moved to Thursday 2 June 2022, creating an extra-long...

Our Employment Law team today reviews the the landmark case brought by Mr Smith, a worker who claimed he was owed holiday pay by Pimlico Plumbers. Mr Smith has successfully appealed against an Employment Appeal Tribunal (EAT) decision that his claim...

The last two years have seen various developments in the world of working with hybrid working, the practice of working partly in the office and partly elsewhere, usually at home, becoming the norm for most in 2022. The House of Commons Library...

Covid-19 has had a significant impact on the world of Employment Law and we are just now starting to see rulings in tribunal cases involving decisions employers made during that time. Our Employment Law team today review the case of Ms Leigh Best v...

An apprenticeship is a work-based training programme that allows the apprentice to gain a recognised qualification by completing a combination of work experience and off-the-job training. Employers may use apprenticeships to fill gaps in their workforce or...

Several big companies such as Morrisons, IKEA, and Next have announced they will not pay company sick pay to staff who are not vaccinated and have to self-isolate due to exposure to COVID-19. This may have caused other employers to wonder whether they should...

Covid-19 has led to many various possible tribunal claims and today our Employment Law team discusses the case of Ms C Allette v Scarsdale Grange Nursing Home Limited 2021 which is sure to be the first of many. In this case the Employment Tribunal (ET)...

Unconscious or implicit bias is when subconsciously held ideas and stereotypes affect how we perceive and treat the people around us. Some unconscious biases originate when we are young and become more ingrained over time. Even though many people are unaware...

Our Employment Law team today reviews the case of Kostal UK v Dunkley and others 2021 in which the Supreme Court considered whether an employer who was engaging in pay negotiations with a recognised trade union had acted unlawfully by making an offer...

Avoiding discriminatory acts should be top of the list of priorities for every employer. There are nine protected characteristics specified under the Equality Act 2010, with one of those being age. There have been some conflicting tribunal cases...

All employees will occasionally need time off work for ill health and employers should be prepared for the eventuality that this is frequent or on a long term basis. Our Employment Law team today reviews the case of Mrs A Grant-Ryder v The...

While many workers who participate in homeworking and hybrid working arrangements have enjoyed benefits such as less time commuting, more time with their families, and a greater work/life balance, many are also worried that hybrid working will negatively...

Our Employment Law team today review the case of Anca Lacatus v Barclays 2021 in which the claimant, a junior banker at Barclays Bank, claimed sex discrimination against her boss for repeatedly using the expression ‘ birds ’ in the...

All employers should be aware of how to treat employees once they announce they are pregnant. Our Employment Law team today review the case of Mrs S Shipp v City Sprint UK Ltd 2021 and a textbook case of pregnancy discrimination in a redundancy...

2022 is looking to be another busy year for employment law in the courts and tribunals, with important decisions expected regarding holiday pay, vicarious liability, and protected beliefs. Our Employment Law team today reviews the key cases that employers...

It has been another eventful year in employment law, and as 2021 draws to a close our Employment Law team here look to the future at a variety of the changes employers can anticipate in 2022. Many of these changes were proposed following a Government...

Our Employment Law team today reviews one of the rare occasions the Employment Tribunal (ET) departed from previous case law and ruled that a constructive dismissal may, in some cases, amount to an act of harassment; the case of Ms M Driscoll v 1)...

Many employers have policies allowing workers to be accompanied to meetings, but when do workers have the legal right to have a companion? Our Employment Law Team today examines this question and looks at some of the consequences of denying a worker this...

Discrimination against an employee can take many forms; disability discrimination being one of them. Our Employment Law team today reviews the case of Lawton v Crystal Ball Limited 2021 and an employee who was humiliated and harassed owing to his...

Employers may want an employee or worker to undergo a medical assessment for various reasons, but before you request one you should be aware of the employment law implications, GDPR and data protection responsibilities as well as how to act should an...

Dismissing an employee must be done in the correct manner, even if you consider the employee to be in the wrong. Our Employment Law team today review the case of Mr I Stevenson v London Borough of Redbridge 2021 where the tribunal considered...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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. ...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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....

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)...

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...

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...

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...

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...

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...

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 ...