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Section 1 of the Employment Rights Act 1996 lists several terms and conditions which must be included in an employee’s contract of employment, such as pay, training, benefits, and holiday entitlement. However, there are many additional clauses that,...
Improper and unlawful treatment of your pregnant employees can lead to a variety of claims in the Employment Tribunal. Our Employment Law team today reviews the case of Mrs A Rodin v Dhillons Management Services Limited 2021 and an employer’s...
Following a consultation it conducted last year, the Government has indicated its intention to introduce a new form of unpaid leave for employees with caring responsibilities. Our Employment Law team today outlines who will qualify for this new form of...
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...
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 ...
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...
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’...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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. ...
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...
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...
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...
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 ...
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...
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...
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...
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...
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...
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....
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