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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...
Supporting all of our employees and treating them fairly and consistently forms the foundation of any employer-employee relationship, and when this fails it could lead to a tribunal claim. Our Employment Law team today review the case of Mr W...
Many businesses spent the first two months of 2020 planning for the implementation of IR35; then Covid-19 shifted the world and IR35 was delayed until April 2021. While Covid-19 continues to dominate the economy, and there are rumours to suggest that IR35 could be delayed once more, the official word from the Government at the time of writing this article is that it will proceed and come into effect in April 2021. Organisations should therefore be acting now and start to prepare for this change, or they could face significant financial and reputational consequences from HMRC. Natalie Rawson, Associate Solicitor in our Employment team, explains more here about the change and how we are supporting businesses to prepare now.
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...
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...
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...
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...
The recent tribunal case of Quilter Private Client Advisers Ltd v Falconer and another has given some clarification into the murky waters of restrictive covenants , ruling that the non-compete, non-dealing and non-solicitation covenants included within...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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)...
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...
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...
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...
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...
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 ...
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 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,...
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...
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...
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...
Determining employment status is a tricky area of employment law and even more so with regards to agency workers. Our Employment Law team reviews the case of Angard Staffing Solutions and Royal Mail v Mr D Kocur and others, which illustrates...
Garden leave (sometimes called gardening leave) is one strategy companies may use to protect their business when an employee leaves, and are regularly used alongside restrictive covenants . With many businesses facing changes in the current climate,...
Suspending an employee may be an open and shut case as far as you're concerned, but you should always ensure you follow a correct procedure and don't make any hasty decisions. Our Employment Law team here reviews the case of Strothard v...
While many businesses are still focused on the current global health crisis, some employers may be looking ahead to 2021 when the transition period for Brexit is scheduled to end. When this happens, free movement between the UK and the EU will also end so...
Every employer knows that should they wish to dismiss an employee, they must follow a fair procedure otherwise they could be faced with an unfair dismissal claim in tribunal; but are there exceptions to the rule? Our Employment Law team reviews the...
With more people unfortunately facing redundancies this year, there is a concern from certain groups that pregnant women and mothers on maternity leave could face discrimination when it comes to the redundancy process. In light of this, the Pregnancy...
Is your workforce a diverse one? Are you confident that your managers and team members are not discriminatory? These are two key factors to consider when running a business; our Employment Law team here reviews a case in which diversity was at the...
Update: On 3rd March 2021, Rishi Sunak announced in his Budget that furlough leave would now be extended until the end of September 2021. As the end of the Coronavirus Job Retention Scheme approaches, many employers will be considering new measures...
Employment status has been a hot topic in recent years, and it has continued this year with the recent case of J Varnish v British Cycling Federation t/a British Cycling . Our Employment Law team reviews the case and explains the importance of...
The last few months have made employers consider many situations regarding their policies and how they manage and support their employees during difficult times, including during bereavement. Bereavement leave is one way employers can support an...
The coming months are likely to bring many changes to businesses including possible redundancies or restructuring to keep roles where possible. It is important that employers follow the right procedure when doing so making the wrong decisions or taking...
Redundancies are always a stressful time for all parties involved; employees are worried about their future and employers will want to look after those employees as best they can, as well as ensure they follow a fair and proper procedure to avoid tribunal...
Knowing how to manage a pregnant employee and being aware of their Employment Law rights from the outset is vital in order to avoid a potential Tribunal claim against you for discrimination. Our Employment Law team today review the case of Jallow v...
As an employer, if you have any concerns about the performance of an employee, it is vital that a thorough and fair investigation is carried out, and that there are no incidents of victimisation during the course of your actions. Our Employment Law ...
We spend the majority of our lives at work and so it can only be natural that we form close relationships with our colleagues, occasionally even romantic ones. As an employer, you may wish to implement a policy regarding relationships at work; our ...
The last few months have certainly seen many changes in the world of Employment Law, particularly with the introduction of furlough leave. Many questions arose following its implementation regarding timeframes, holiday leave, maternity and paternity...
Every business with a bright future will strive to protect their competitive edge. When an employee departs they could seek to exploit commercially sensitive information, tap up former clients for business or encourage colleagues to follow them to a...
When it comes to making redundancies, even the well known brands can still get it wrong. Our Employment Law team today review the recent case of Ms T Low and Others v Jamie’ s Italian Ltd (in administration) and the importance of the...
Employers have a legal duty of care to protect the health, safety, and welfare of their employees, which extends to their mental health. As an employer, you should be aware that previous workplace strategies to support mental health may not be...
Whistleblowing is a hot topic in light of the coronavirus pandemic, particularly relating to employees who have been placed on furlough leave. The case of Robinson v Mind Monmouthshire serves as a salutary reminder of how to handle whistleblowing. ...
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 2020, it was announced that the Coronavirus Job Retention Scheme would be extended until the...
Over the coming months, it is likely we will begin to see businesses being bought and sold in the aftermath of the coronavirus pandemic. When a business is bought with the employees as part of the purchase, those employees need to be transferred over...
Our Employment Law team here reviews the case of Royal Bank of Scotland v AB , and explain how serious a judgment against an employer can be when discriminatory treatment causes psychiatric harm. AB worked for the Royal Bank of Scotland...
On 26 May, the Government launched the Coronavirus Statutory Sick Pay Rebate Scheme (CSSPRS). This scheme was implemented to help employers of small and medium sized businesses cope with the increase in staff claiming Statutory Sick Pay (SSP) due to...
Insensitivity towards an employee's disability can be costly for employers, as demonstrated in the recent case of N Williams v Boots Management Services Ltd . Our Employment Law team review the case and advise how employers can avoid...
Discrimination is a hot topic at the moment and a recent case has highlighted how a change in behaviour towards an employee could lead to tribunal. Our Employment Law team review the case of Allen v Paradigm Precision Burnley Limited and Carl...
As employers begin to open up the conversation with their employees about returning to the workplace, there are several ways that they can be providing a safe working environment for their employees; one of which being testing for coronavirus. There...
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...
The coronavirus pandemic has changed the world that we live and work in and unfortunately, in spite of the level of support from the Government, it is inevitable that some businesses will be required to consider making redundancies. Our Employment Law...
If you or your employees are required to provide witness evidence in a tribunal claim, it is also important that they are willing to appear in tribunal. This was highlighted in the recent case of T Bond v J Large t/a Lads and Dads Barbers which...
We are regularly hearing of redundancies in the news in the aftermath of the coronavirus pandemic, and it is vital that should you be considering making redundancies in your business, you carry out the process fairly and without bias. A recent legal...
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...
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...
Workplace gossip and so called "banter" are an employers nightmare, and there is a fine line before it can become the foundations of a tribunal claim. The Employment Law team here review the case of Lawson v Virgin Atlantic Airways...
The case of Barclays Bank plc v Various Claimants has, over a number of years, been seeking to establish whether companies are vicariously liable for the actions of independent contractors. Our Employment Law team here review the case in further...
Carrying out investigations into allegations of misconduct against an employee is unfortunately part of most employer's routines. The case of Leigh Andrews v St Mungo’s Community Housing Association is a good example how the past can come...
The case of Anne Giwa-Amu v Department for Work and Pensions illustrates precisely the way not to handle a grievance around racism and ageism. Miss Giwa-Amu was an administration officer working for Caerphilly’s Department for Work and Pensions....
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...
Employers who made an offer of employment prior to the coronavirus pandemic may be considering whether a start date can be postponed or the offer can be withdrawn. There could be several reasons; you may be required to save costs if there is a...
When an employee hands in their notice, do you allow them to have a cooling off period? This topic was up for discussion in the recent case of Robert S Rae v Wellhead Electrical Supplies Limited . In early 2019, Robert Rae, founder and former...
Many business are struggling to keep all of their employees, including their apprentices, working at present due to the coronavirus outbreak. As such, businesses have placed many individuals on furlough leave. Our Employment Law team here reviews how...
When dismissing an employee, it is vital that employers do so using a fair procedure and are transparent about the reasons behind the dismissal. In the case of S Sparks v DB Cleaners and Launderers Ltd, the employer used redundancy opposed to...
The case of Morrisons v Various Claimants has been one we have reported on several times as it has moved from the High Court to the Court of Appeal, and now the Supreme Court has ruled that an employer cannot be held to be liable for a data breach where an...
Increasing numbers of staff are working from home or away from the office which could make confidential information and personal data more vulnerable to data breaches; particularly where cyber-criminals are increasing their fraudulent scams. Data which...
Due to the coronavirus outbreak and the subsequent guidance from the Foreign Office against all but essential travel abroad indefinitely, you may find affected employees seeking to cancel their annual leave and use it once the restrictions have been...
As an employer, it is likely that you will be called upon to carry out disciplinary proceedings. The case of Lewis v The Governing Body of Tairgwaith Primary School illustrates the importance of making reasonable effort to ask witnesses to...
In light of the increasing number of employees now working from home full-time it is important that employers manage their employees effectively during this time. Our Employment Law team here review new guidance from Acas regarding working from...
Coronavirus has now been declared as a global health emergency by the World Health Organisation and, at the time of writing, two cases have been confirmed in the UK. The risk of the spread of coronavirus in the UK continues to rise and so employers should be considering how they should act if an employee intends to travel to China, contracts the virus in the UK or is absent from work. Gina McCadden, Employment Solicitor, here explains the facts about the virus and how employers can take steps in accordance with the law.
On Friday 20 March, the Chancellor announced the concept of Furloughed Leave in response to the economic uncertainty caused by the outbreak of COVID-19 (Coronavirus). As part of this announcement, the Chancellor explained that a Coronavirus Job Retention Scheme (the Scheme) would be set up to allow “all UK employers… to access support to continue paying part of their employees’ salary for those employees that would otherwise have been laid off during this crisis.” This has been referred to as Furloughed Leave. Here, our Employment team explain what Furloughed Leave is, who it applies to and how employers can apply for the grant.
Interviews can sometimes be a difficult task. Depending on how many applications you receive and how many positions you have available, you could be interviewing multiple candidates over a number of weeks and it important that detailed notes are kept for you to review when deciding who, if anyone, to hire.
Although some employers may treat appraisals as no more than a tick box exercise, or find conversations on poor performance difficult, they are important. While there is no legal requirement for you to carry out appraisals with your employees, they can be useful in monitoring and supporting their performance. How often they should be held will depend on your business, but the more regularly they are scheduled, the better. In this article, our Employment team explore this in further detail and also explain why you should hold appraisals, what should be included in them and what can happen if you don’t hold them.
The case of Beaney v Highways England illustrates the importance of an employer properly investigating and dealing with complaints of sexual harassment in the workplace.
The commute to work can be difficult at the best of times, but adding adverse weather conditions into the equation can mean employees may find it impossible to get into the office at all, but what does that mean for their pay? As an employer, you might decide to temporarily close your business due to the weather conditions, in which case your employees would still be entitled to their pay. However, where your business site remains open, you are under no obligation to pay employees who do not attend work due to transport disruption, unless this is provided for in their employment contract. In this article, our Employment team detail the considerations you will have to make in regards to closing your business due to weather conditions, as well as alternatives you can offer your employees if they cannot attend work.
The case of Harkness v Holland and Barratt illustrates how a failure to make reasonable adjustments resulted in a successful constructive unfair dismissal claim.
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