It’s anti-bullying week! 5 ways to avoid workplace bullying and harassment

13 November

Bullying or harassment in the workplace is offensive behaviour related to...

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Data protection changes are getting closer

26 October

Ahead of the introduction of the EU’s General Data Protection Regulation (GDPR) in May next year, Parliament is getting ready to pass new data protection law – and businesses should be getting ready too...

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Bereaved parents to be given legal right to compassionate leave

26 October

A new bill has been published which will give parents who lose a child the right to at least 2 weeks’ paid leave.

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Sexual harassment at work – how are we legally protected?

26 October

In the wake of a wave of allegations of sexual harassment by women who worked with Harvey Weinstein, what are the legal rights of victims of harassment in the workplace in the UK?

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Entries now open for the Wales HR Awards 2018

09 October

Following the huge success of the first ever Wales HR Awards in March 2017, entries are now open for the 2018 Awards to celebrate HR excellence throughout the country...

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GDPR – A checklist for employers

28 September

The EU’s new General Data Protection Regulation (GDPR), which will come into effect in the UK and across the rest of the EU in May 2018, will radically change the way businesses and organisations collect, manage and dispose of data...

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Equal pay: Asda case rumbles on

25 September

Hundreds of female workers at supermarket giant ASDA have moved one step closer to being awarded equal pay to their male colleagues, in a long-running Employment Tribunal dispute over pay...

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Mental illness and the workplace

25 September

As an NHS study revealed that over 30% of sick notes are now issued for mental health-related reasons, it is no wonder that there is an increasing focus on the impact of mental illness in the workplace...

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Snooping on workers’ emails: European Court has final say

25 September

This month the Grand Chamber of the European Court of Human Rights handed down an important Judgment on the monitoring of employees’ emails at work...

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Voluntary overtime must be included in holiday pay

17 August

The Employment Appeals Tribunal (EAT) has ruled that where employees voluntarily work overtime, the extra hours that they work must be included in the calculation of holiday pay...

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BBC row highlights extent of gender pay gap

17 August

Last month’s row over the pay disparity between male and female stars at the BBC has highlighted the continuing difficulties employers face in narrowing the gender pay gap...

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Employment Tribunal fees ruled unlawful: what will happen next?

17 August

The Supreme Court’s decision that it is unlawful to charge Claimants for using the Employment Tribunals system has important consequences for employers and employees...

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The annual appraisal – is it the end?

08 August

Far from encouraging and supporting people to do better, some have argued that the annual appraisal...

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Gender Pay Gap Regulations

26 July

As of 6 April 2017, UK employers with over 250 employees are under a duty to publish details of the gender pay gap within their organisations...

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The “Great Repeal Bill” is published: how will Brexit affect employment law?

17 July

Following the start of Brexit negotiations, the Government has published a bill setting out how existing EU laws are going to be retained by the UK following its exit from the EU...

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Whistleblowing – a new meaning?

17 July

In an important and long-awaited decision, the Court of Appeal has confirmed that it is possible for employees...

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The gig economy: new calls for reforms of workers’ rights

17 July

A major report has recommended that a further category of worker be created in employment law to prevent employers from taking advantage of self-employed workers...

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When politics in the workplace turns heated and how employers should deal with it

15 June

The last year has seen political discussion become much more widespread, with the major developments of Brexit, Trump and the recent general election being the most frequently talked-about topics.

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Building firm bans beards – is this legal?

15 June

Construction company Mears has been criticised by unions for announcing that its workers will not be permitted to grow beards for health and safety reasons.

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Zero hour contracts: Welsh care workers latest to be offered enhanced rights

15 June

As the GMB union estimated that 10 million workers in the UK are in “insecure work”, the Welsh Government has announced that it will give care workers in Wales to right to be taken off zero hour contracts after three months of emplo...

John Lewis minimum wage errors lead to £36 million back payment fund

15 May

Mistakes made in the calculation of the hourly pay of John Lewis employees could lead to thousands of workers being paid back pay due to having technically missed out on the minimum wage over a long period.

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McDonalds offers fixed-hour contracts

15 May

McDonalds has announced that it will start to offer its staff fixed-hour contracts, with a guaranteed minimum number of hours each week.

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Discrimination during the recruitment process

15 May

In a recent case, the Employment Appeals Tribunal (EAT) has decided that a recruitment process which included a multiple choice test was discriminatory towards a candidate who suffered from Asperger’s syndrome.

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Know your rights as a zero hours worker

10 May

A number of recent reports have stated that zero hours workers are missing out on certain rights to which they are entitled...

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Mental health issues in employment: 6 tips for making reasonable adjustments

19 April

Mental health issues are becoming an increasingly talked-about topic, but it can be difficult for employers to identify, support and manage employees suffering from mental health problems...

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When can banning the wearing of religious symbols at work amount to discrimination?

18 April

The European Court of Justice has ruled on two high-profile cases brought by Muslim employees who were prevented from wearing headscarves at work...

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Bridging the Gender Pay Gap

18 April

As of 6 April 2017, UK employers with over 250 employees are now under a duty to publish details of the gender pay gap within their organisations...

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Wales HR Awards Celebrates the Best HR Talent in Wales

28 March

Wales’ top HR professionals and teams have been recognised at the first Wales HR Awards held at Cardiff’s SSE SWALEC.

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The Pimlico Plumbers case – what is it all about?

01 March

The “Pimlico Plumbers” case is the latest in a series of court decisions which deal with the question of when a purportedly self-employed individual can actually be considered to be a worker (or employee)...

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Minimum wage rise – a warning for employers

01 March

Shortly before the National Living Wage rises to £7.50 in April, the Government has published a list of UK employers who have not complied with their minimum wage obligations...

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High heels and workplace dress codes – a warning for employers

30 January

Last week we saw a new report published by Parliament on the law surrounding workplace dress codes, and in particular the practice of requiring female staff to wear high heels to work...

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Gender pay gap obligations: 6 things employers need to do

30 January

There has been a lot of public attention recently on the gender pay gap, and new rules are being brought in by the Government to force large employers to publish data on pay discrepancies between male and female employees...

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2017 in employment law: what can employers expect?

30 January

Employment law is an ever-changing area, and a number of developments are expected this year...

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Christmas parties: a warning for employers

15 December

Earlier this December the High Court decided that a company was not responsible for a brain injury caused to one of its employees after the managing director punched him after a Christmas party...

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Leading Welsh businesses support the first Wales HR Awards

15 December

Leading Welsh businesses are showing their support for the first ever Wales HR Awards, which will recognise and celebrate the achievements of HR professionals up and down the country...

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Unfair dismissal where final warning had been inappropriate

05 December

The Employment Appeals Tribunal (EAT) has found that, where a final warning given to an employee was completely inappropriate...

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Deliveroo couriers follow Uber drivers to Tribunal

05 December

Following the success of Uber drivers in the preliminary stages of a Tribunal claim in October, Deliveroo riders have now threatened to follow suit...

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Autumn Statement: Employment Updates

05 December

In his Autumn Statement on 23 November, Chancellor Philip Hammond announced a rise in the National Living Wage...

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Uber drivers win worker status

03 November

In a high-profile case, an Employment Tribunal has held that Uber taxi drivers should be classed as workers (rather than as self-employed) and be given additional employment rights...

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Court of Appeal confirms that commission must be included in holiday pay

03 November

The Court of Appeal has ruled on the complicated issue of how much workers should be paid when they are on annual leave.

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Supermarkets under fire from workers in pay disputes

03 November

Supermarket giants Tesco and Asda have both been facing legal fights from their staff in the last few weeks in disputes over pay...

 

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Judicial Assessments of Tribunal Cases

07 October

The Employment Tribunal has announced arrangements for the introduction of judicial assessment of cases at an early stage in proceedings...

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National Work Life Week and Employee Wellbeing

07 October

National Work Life Week. This week focused on giving employers and employees the opportunity to consider well-being at work and encourage a healthy work-life balance....

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When discrimination claims go too far

12 September

The European Court of Justice has ruled that an unsuccessful job applicant could not bring a discrimination claim after being rejected for a role...

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The tale of Sports Direct: a lesson for employers

12 September

The much-publicised saga of Sports Direct and the underpayment and ill-treatment of its employees is a lesson on how not to run a business...

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6 tips for negotiating an employee’s exit

12 September

In situations where an employer needs to let an employee go, or an employee feels aggrieved...

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The National Living Wage – Bad for Business?

02 September

Since the introduction of the National Living Wage, a number of reports have suggested...

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Darwin Gray and HR Consultancy Calland Wright Join Forces

24 August

Darwin Gray has set up a collaboration agreement which will see its Employment & HR team working in close partnership with...

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Darwin Gray appoints HR specialist

10 August

Experienced HR professional, Joanna Adams, has joined the team at Cardiff commercial law firm Darwin Gray as an HR consultant...<...

Tough penalties introduced for employing illegal workers

28 July

The UK government has toughened rules on working and employing someone who is in the UK illegally...

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Senior European Court adviser: Banning a hijab is direct discrimination

28 July

A claimant who was dismissed by a French company for wearing a hijab at work has taken her discrimination claim to the European Court of Justice...

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Taxi firm Uber in multiple employment tribunal claims

28 July

Drivers for the taxi firm Uber are bringing legal action in the employment tribunals over the company’s failure to give them basic employment rights...

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How to avoid discriminating in dress codes: 5 tips

24 June

Following the recent case brought forward by a woman forced to wear high heels at work, there has been an outcry over enforced dress codes that may in fact be discriminatory...

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Sports Direct boss admits to not paying the minimum wage

24 June

Mike Ashley has admitted to MPs that his company probably failed to pay its employees the minimum wage because of strict fines and post-shift security checks...

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Chelsea and Mourinho avoid tribunal hearing with sex discrimination apology

24 June

The club and its former manager have paid out an undisclosed sum and publicly apologised to Eva Carneiro in settlement of her claim for sex discrimination...

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6 things about employment law that could change forever after Brexit

21 June

Whichever side of the debate you sit on, a decision by the UK to leave the EU will undoubtedly have a major effect on many UK laws, including employment law.

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What every employer needs to know about Euro 2016

31 May

Employers need to plan how they will deal with absences related to the European Championships

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Time off for pets? 8 types of leave you do have to give employees

03 May

Insurance provider Petplan recently reported that more than 40% of UK pet owners have falsely called in sick to look after a pet – and almost one in 20 new pet owners have been given time off work by their employer to care for their pet.<...

British Cycling: Discrimination claims lead to chief’s resignation

03 May

British Cycling is facing an array of issues from its employees as its head coach Shane Sutton has resigned amidst allegations of discrimination.

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"Fattest" Discrimination: Should it be made illegal?

03 May

A prominent Employment Judge wrote this week that discriminating against overweight or underweight people in the workplace should be outlawed.

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New National Living Wage becomes law

07 April

The new National Living Wage for 25-and-overs came into force on 1 April, meaning that around 1.3 million workers across the UK have seen a 50p increase in their hourly pay.

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Writing to an employee on sick leave was breach of contract

07 April

The Employment Appeals Tribunal (EAT) has found that sending a letter setting out performance concerns to an employee who was on sick leave amounted to a repudiatory breach of contract and a constructive unfair dismissal of that employee.

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When “banter” in the workplace can come back to bite you

07 April

Controversy has bubbled in rugby circles over the last few weeks over Joe Marler’s “gypsy boy” taunt to Samson Lee during the recent Six Nations England v Wales match. 

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Chelsea attempts to settle claim by Eva Carneiro

09 March

Eva Carneiro and representatives of Chelsea FC and José Mourinho have attended a judicial mediation in London, in an attempt to settle the former team doctor’s claims for unfair dismissal and breach of contract against the club and...

When employers can be liable for the acts of their employees

09 March

The UK’s highest court has ruled on two similar cases and set down guidance on when employers can be found held legally responsible for injuries caused by the acts of their staff.

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Commission should be included in holiday pay, rules EAT

09 March

The Employment Appeals Tribunal (EAT) has handed down a long-awaited judgment and found that where employees regularly earn commission, this should be included in their holiday pay too.

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British Airways air hostesses allowed to wear trousers at work

12 February

BA has announced that all of its female cabin crew members will now be allowed to wear trousers instead of skirts, after a two-year dispute with trade union Unite.

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Monitoring employees’ emails: 5 things to consider

12 February

A worker who was dismissed in Romania for messaging his family while at work did not have his right to privacy breached by his employer, the European Court for Human Rights has found.

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Dyslexic employee wins discrimination fight against Starbucks

12 February

An employment tribunal has found that Starbucks discriminated against a dyslexic employee who made mistakes on her paperwork.

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84-hour working week not illegal, says European Court

08 January

Care workers brought a case arguing that they should not have to work as many as 84 hours a week, but their claim failed.

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Zero hour contract workers get new rights

08 January

New regulations come into force on 11 January meaning that workers on zero hour contracts can bring unfair dismissal claims if they are dismissed for taking on extra work with other employers.

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Dealing with legal highs in the workplace: 5 tips for employers

08 January

ACAS has this week published guidance for employers on dealing with employees who are under the influence of legal highs whilst at work.

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Reasonable adjustments: Court of Appeal says they’re here to stay

08 January

The Court of Appeal has said that there should still be a legal duty on employers to take positive steps to help disabled employees adjust in the workplace.

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Calculating holiday entitlement for part time workers

10 December

The European Court of Justice has set out how holiday pay should be recalculated when a part time worker’s hours increase.

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Interviewing Disabled Employees: Reasonable Adjustments

10 December

An Employment Tribunal has found that an NHS organisation discriminated against a disabled employee by not offering him a job due to a poor performance at interview, when his poor performance was caused by his disability.

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What’s next for Employment Law in 2016?

10 December

2015 was a busy year for employment lawyers, with several high profile cases hitting the headlines. However, 2016 is already shaping up to be just as busy. 

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European Court decides that US data protection regime is invalid

12 November

In a controversial recent decision, the European Court of Justice (ECJ) has found that the US law which allows personal data to be transferred from inside the EU to the US is not legally valid.

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Sleeping time for live-in staff is not “working time” for minimum wage purposes

12 November

An Employment Tribunal has found that a live-in worker was not entitled to the National Minimum Wage (NMW) for time he spent asleep.

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Complaining about your contract of employment can give you a whistleblowing claim

12 November

The Employment Appeals Tribunal (EAT) has held that raising a concern about a breach of a contract of employment can amount to a “protected disclosure”, enabling an employee to bring a whistleblowing claim if their employer subseque...

Grandparents will soon be able to share paid parental leave

16 October

The Government has just announced its intention to bring grandparents into the system of paid parental leave after the birth or adoption of a grandchild.

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Mobile workers should be paid for travelling to work, rules European Court

16 October

The Court of Justice of the European Union (CJEU) has ruled that workers should be paid for travelling from home to their first customer of the day.

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Minimum wage increases and other employment law changes in October

16 October

A few changes to employment law came into force on 1st October, so employers should make sure they are up to date with these developments.

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Actions by employer during several separate fixed-term assignments could amount to a “series” of acts

30 September

The Employment Appeals Tribunal has held that fixed-term employees can bring Tribunal claims arising from a series of separate fixed-term contracts, even where there is a break in between one contract ending and another beginning.

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No time limit for bringing breach of contract claims in Tribunal

30 September

In a somewhat controversial decision, an Employment Tribunal has held that there is no six-year deadline for an employee to bring a breach of contract claim in a Tribunal – unlike breach of contract claims in the civil courts.

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Netflix gives its staff unlimited parental leave

29 September

The online broadcaster Netflix is going the extra mile with its employees by offering them up to a year’s parental leave – on full pay.

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No duty to offer temp workers a job in preference to other candidates

25 August

In Coles v Ministry of Defence, the Employment Appeal Tribunal held that when an agency worker’s job is made permanent, there is no right for that worker to be given the opportunity to apply for it, or be given preference over other ...

Government turns its attention to employment law with several new consultations

23 August

The new Government is looking at overhauling employment law in a big way. We look at some of the new consultations announced in recent weeks.

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Taxi firm Uber faces Employment Tribunal claims for failing to pay minimum wage

20 August

The trade union GMB has announced that it is bringing proceedings against the controversial taxi business Uber for acting unlawfully towards its drivers.

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No discrimination where religious garment posed health and safety risk

17 July

The Employment Appeals Tribunal (EAT) has found that it was not discriminatory for a nursery to tell a job candidate that a religious garment should not present a tripping hazard.

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Employee who was sacked for showing up to work smelling of alcohol was unfairly dismissed

09 July

An Employment Tribunal has found that an employer who summarily dismissed an employee for turning up to work smelling of alcohol treated that employee unfairly.

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Christian employee dismissed for comments on homosexuality was discriminated against, says Tribunal

06 July

An Employment Tribunal has found that a Christian nursery worker who said to a co-worker that she believed homosexuality to be a “sin” was discriminated against on the grounds of her religion or belief.

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The Queen’s Speech: What will it mean for employment law?

30 June

The Government has set out its proposals for the new Parliament in the Queen’s Speech. What is actually being proposed, and how will it affect employers and employees in the next few years? Here is a summary of some of the key policies.

Exclusivity clauses in zero hour contracts banned

23 June

It has now been made illegal for employers to place so-called “exclusivity clauses” in zero-hours contracts of employment.

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What the general election may mean for employment law

25 May

Ahead of the general election on May 7, let’s take a look at what the various parties are proposing in relation to employment law. It seems that the biggest issues for most of the parties are the national minimum wage and zero-hours contr...

Employment Tribunal costs: two recent cases

22 May

Two recent Employment Tribunal cases have provided further examples of when one party can be ordered to pay the other’s legal costs.

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ECJ’s decision on former Woolworths employees

18 May

The European Court of Justice (ECJ) has decided that around 3,000 former Woolworths employees and 1,200 Ethel Austin employees are not entitled to a payment for a failure to carry out consultations with them before they were made redundant.

...

Employment tribunal fees: the saga continues

30 April

UNISON has been granted permission to take its fight against employment tribunal fees to the Court of Appeal.

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Type 2 diabetes is not a disability

28 April

The Employment Appeals Tribunal (EAT) has found that Type 2 diabetes which is managed by diet does not of itself count as a disability in discrimination claims.

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“Name and shame” penalty for employers who don’t pay compensation

18 April

Employers who don’t pay up to successful claimants after losing tribunal claims will soon face the prospect of being fined and publicly named.

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John Lewis and Waitrose lead the way and give £millions to staff

14 March

The John Lewis Partnership has become the first big-name employer to announce that it will be following the Employment Appeal Tribunal (EAT)’s decision in the so-called Bear Scotland case by back paying employees who are now owe...

Withholding bonus from disabled employees was discrimination

05 March

It was discrimination on the part of the Land Registry to refuse bonuses to employees who had high levels of disability-related sickness absence, according to the Employment Appeals Tribunal (EAT).

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Amounts awarded by Employment Tribunals to increase from April

03 March

The maximum sums of money that Employment Tribunals can award to successful Claimants will increase on 6 April 2015.

...

Employee on sick leave affirmed her contract of employment

28 February

The Employment Appeal Tribunal (EAT) has held that an employee who had been on sick leave for 19 months was not entitled to resign and claim constructive dismissal following alleged breaches of contract by her employer, because she had, through...

European Court of Justice: Obesity can be a disability

28 January

The ECJ has ruled that obesity can amount to a disability, potentially affecting the way employers can treat obese employees.

...

Government introduces regulations on holiday pay

18 January

The Government has introduced new regulations which aim to limit the effect of the recent decision in theBear Scotland case that ruled employees may be able to claim for backdated holiday pay.

...

Dismissal for offensive, non-work-related personal tweets was potentially fair

15 January

The Employment Appeal Tribunal has held that an Employment Judge failed to take full account of the public nature of Twitter when finding that an employee's dismissal for posting offensive tweets was unfair.

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New parents can now take paid shared parental leave

30 December

Instead of taking separate maternity and paternity leave, new parents will shortly be able to share leave on the birth or adoption of their child.

...

UNITE wants to “work with employers” on holiday pay ruling

28 December

The recent landmark ruling on holiday pay is not going to be appealed by UNITE.

...

The Autumn Statement 2014 for employment law

20 December

With the Chancellor's speech still ringing in our ears, what effect will it have on employment law?

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Self-employment on the rise in Britain

14 December

According to the Office for National Statistics (ONS), the self-employed accounted for two thirds of jobs created since the start of the financial crisis.

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UK falls behind on gender gap

29 November

The UK has fallen from 18th to 26th in the world rankings on gender equality.

...

University students on work placement could not bring Employment Tribunal claims

24 November

A University student on a vocational work placement has been refused permission to bring a claim for discrimination in an Employment Tribunal.

...

Changes to employment law as of 1 October 2014

29 September

A number of important changes to employment law came into force on 1 October 2014.

...

New challenge to Employment Tribunal fees

22 September

Proceedings brought by UNISON appealing against the decision to dismiss its Judicial Review application challenging Employment Tribunal fees have been stayed by the Court of Appeal so that a new challenge can be brought, as new evidence has ari...

Self-employment on the rise in Britain

16 September

According to the Office for National Statistics, people becoming self-employed accounted for two thirds of the jobs created since the start of the financial crisis.

...

Zero-hour contracts: Government crackdown on exclusivity clauses

08 September

The Government has launched a consultation asking for ways to prevent employers from finding loopholes in its ban on exclusivity clauses in zero-hour contracts.

...

Right to take time off for dependants: failure to contact employer led to fair dismissal

08 September

An Employment Appeals Tribunal (EAT) decision on the right to take time off for dependants has found that an employee was not unfairly dismissed for having exercised this right, as he had not contacted his employer to inform them of his absence...

Constructive dismissal and the impact of a repudiatory breach by the employee

03 September

The Employment Appeal Tribunal has confirmed that it is possible for an employee to resign and claim constructive dismissal even where they are in fundamental breach of their contract, and would hence have been dismissed anyway.

...

More news on whether the definition of “disability” includes obesity

31 August

In advance of the pending European Court of Justice decision on whether the definition of “disability” in equality legislation should include claimants who are obese, the Advocate General has given his opinion.

...

Restrictive covenants in employment contracts – can the courts re-write them?

28 August

The Court of Appeal has found that the courts have no power to re-draft badly worded restrictive covenants, even where the intention behind them is clear.

...

Conservatives’ plan to change requirements for strike ballots

25 August

Following a wave of recent strikes the Conservative Party has now announced that it plans to introduce new voting thresholds in strike ballots.

...

Auto enrolment update – pending changes to Group pension schemes

23 August

The March 2014 Budget and recent announcements by the Government will bring a number of changes to the pensions industry which will affect you when meeting your obligations to the auto enrolment legislation.

...

Is the definition of “disability” to be widened to include obesity?

30 July

A Danish case has been referred to the European Court of Justice (“ECJ”) to decide whether obesity should be classed as a “disability” for the purposes of discrimination legislation.

...

Government moving to ban exclusivity clauses in zero hours contracts

23 July

Following the huge amount of media attention on zero hours contracts over the past 12 months, Vince Cable has announced new plans to ban any zero hours contract which includes an “exclusivity” clause.

...

Recovering fees in the Employment Appeal Tribunal

20 July

The Employment Appeals Tribunal (EAT) has issued some guidance on the recoverability of Tribunal fees for a successful party on appeal.

...

Employment Team Update

17 June

Entitlement to Enhanced Redundancy Pay

 

In Peacock Stores—v—Peregrine & Others, the Employment Appeal Tribunal (EAT) has held that an employer will be contractually boun...

Notice periods and constructive dismissal

13 June

The Employment Appeal Tribunal in Cockram—v—Air Products Plc has held that an employee can waive any claim they may have had for constructive dismissal by giving notice in excess of their minimum contractual period.

...

Employment Tribunal fees up for scrutiny

13 June

The 79% reduction in Employment Tribunal claims following the introduction of Tribunal fees has again come under the spotlight.

...

Holiday pay and commission

11 June

In British Gas—v—Lock, the European Court of Justice ruled that where an employee is paid commission in addition to basic salary, holiday pay must not be limited to the basic salary.

...

Entitlement to Enhanced Redundancy Pay

29 May

In Peacock Stores v Peregrine & Others, the Employment Appeal Tribunal (EAT) has held that an employer will be contractually bound to make enhanced payments on redundancy where they have a history of making such payments.

...

Employment law changes

25 May

May 2014 has seen the introduction of compulsory early ACAS conciliation and changes to TUPE.

...

New DWP changes to workplace pensions

17 May

The headlines may have gone to the pension changes announced in the recent budget but for employers the real leader was the Department of Works and Pensions (DWP) Command paper and the new requirements regarding workplace schemes and Auto Enrol...

Covert recording of private discussions at disciplinary and grievance hearings admissible

24 March

In Punjab National Bank (International) Ltd and others v Gosain, the EAT considered whether covert recordings of both the public and private discussions at&...

Increase in minimum wage

21 March

The Government has confirmed that, from 1 October 2014, the rates of national minimum wage will increase.

...

Discrimination: absence due to post-natal depression

16 March

In the case of Lyons—v—DWP Jobcentre Plus, the Employment Appeals Tribunal (EAT) has ruled that a dismissal for absence due...

Plans to end employers’ ability to recover SSP from HMRC

08 March

Proposals to end the ability of employers to recover Statutory Sick Pay (SSP) from HMRC have been approved by the Government and are expected to come into force on 6 April 2014.

...

Fees in the Employment Tribunal and Employment Appeal Tribunal

06 March

Since summer 2013, individuals seeking redress through the Employment Tribunal Service have had to pay fees for the first time.  But which party should pay those fees i...

Employer liability and assaults on customers

04 March

The Employment Appeal Tribunal (EAT) has provided guidance on when “vicarious liability” arises, i.e when an employer can be held liable for the wrongdoi...

Employment Discrimination - Sunday Working

10 February

The Court of Appeal has dismissed a claim for unfair dismissal and indirect discrimination on religious grounds from a Christian worker who strongly believed that Sundays should be kept for worship and should not be a day of work.

...

Zero Hours Contract Private Members' Bill before Parliament

04 February

The Zero Hours contract Bill 2013—14 is currently before Parliament. The Bill proposes to legislate to not only ban the use of zero-hours contracts for employees, but also to render any existing contracts void. 

...

Increases to statutory sickness and maternity pay

02 February

The Secretary of State for Work and Pensions has confirmed the new rates of statutory sickness and maternity pay.

...

Giving false evidence not automatically unreasonable conduct

01 February

In the case of Kapoor—v—Barnhill Community High School 2013, it has been held that giving false or misleading evidence to a Tribunal is not automatically unreasonable conduct for the purposes of awarding costs orders.

...

Discrimination - Christians and Sunday Working

27 January

The Court of Appeal has dismissed a claim for unfair dismissal and indirect discrimination on religious grounds from a Christian worker who strongly believed that Sundays should be kept for worship and should not be a day of work.

...

Unfair Dismissal and Previous Warnings - Rooney v Dundee City Council 2013

21 January

Can an employee be dismissed when their appeal against an earlier written warning is outstanding?

...

Zero-hours Contracts

31 December

Zero-hours contracts have been in the spotlight for several months, with some commentators describing them as exploitative and others describing them as providing useful flexibility.

...

Employment: Holiday Pay Should Include Commission

29 December

Following the decision of the European Court of Justice ('ECJ') in Williams and others v British Airways plc, the Advocate General has now given an opinion on how holiday pay should be calculated for workers entitled to a basic sal...

Employers who lose at Tribunal could face financial penalties from April 2014

25 December

Section 16 of the Enterprise and Regulatory Reform Act 2013 gives Tribunals the power to order an employer to pay a financial penalty of up to £5,000 to the Secretary of State if they lose at tribunal, where the case has ‘aggravatin...

Constructive Dismissal Claims

16 December

In Constructive unfair dismissal claims, the breach does not have to be the significant or effective cause of the employee’s resignation.

...

Funding private medical treatment can be a reasonable adjustment

09 December

The recent case of Croft Vets v Butcher has confirmed that the scope of reasonable adjustments could extend to the need for an employer to pay for private counselling for an employee suffering from work related stress and depression.<...

December update from the employment law team

04 December

It has been a busy 6 months for the members of our employment team, with plenty keeping us occupied. We were also very pleased to achieve good rankings and quotes regarding both our partners, Fflur Jones and Damian Phillips, in the Chambers and...

Case Study - What is Reasonable Notice to Terminate a Contract?

13 November

In the recent case of Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) v Boots UK Ltd [2013], the High Court set out five principles which can be used to determine what notice period would be reasonable to terminate a contract where the cont...

Employment Tribunal Fees

24 October

As of 29 July 2013 it is no longer possible to bring a claim in the employment tribunal for free. The Government has now introduced fees so that all claims, however modest, require an issue fee to be paid and a further fee prior to any potentia...

Employment: Pension Auto-Enrolment

18 October

A report by the Centre for Economics and Business Research predicts that the set-up costs of automatic pension enrolment will average £8,900 for small businesses (four or fewer employees) and £12,600 for small-to-medium-sized busine...

Employment: Conducting a Fair Disciplinary Investigation

30 September

In the recent case Stuart v London City Airport Ltd [2013], the Court of Appeal has restored an Employment Tribunal judgment that an employee was fairly dismissed for theft, notwithstanding that he was found not guilty in the criminal...

Employment: TUPE Consultation Response Published

20 September

The government has published its response to the consultation on proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

...

Employment: TUPE Regulations Changes Pushed Back to Jan 2014

30 August

The government's proposed changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which were expected to come into force in October 2013, are now likely to be introduced in January 2014.

...

Equality Act 2010 does cover post-employment victimisation

25 June

In Onu v Akwiwu and another, the Employment Appeal Tribunal (EAT) has departed from a previous decision by finding that the Equality Act 2010 does protect individuals from post-employment victimisation.

...

Employer requiring relocation following grievance was not victimisation

23 June

In Micheldever Tyre Service Ltd v Burrell, the EAT held that an employee had not been victimised by his employer when, following a grievance over persistent racist comments, the employer required him to relocate to an alternative site and dismi...

Dismissed employees of non-transferring part of business not “affected” by transfer under TUPE

11 June

In I Lab Facilities Ltd v Metcalfe and others, the EAT has held that an employer did not breach its obligations under TUPE 2006 by failing to inform and consult employees who worked in the part of its undertaking that did not transfer.

...

Mandatory retirement of partner at 65 was objectively justified

08 June

In Seldon v Clarkson Wright & Jakes a Tribunal held that, as at December 2006, a law firm was allowed to require a partner to retire at the age of 65 because it was a proportionate means of achieving legitimate aims.

...

Employee victimised for bringing discrimination claim against previous employer

30 May

In the case of Bouabdillah v Commerzbank, an Employment Tribunal determined that an employee was victimised when she was dismissed after it was discovered that she had brought a claim for discrimination against her previous employer.

...

Bill introducing employee shareholder status passed by Parliament

22 May

The Growth and Infrastructure Bill, which will introduce a new employment status whereby employees agree to trade certain employment rights for a stake in their employer company, has been passed by Parliament and given Royal Assent.

...

Employer not entitled to choose lower rate of pay under collective agreement

14 May

In Anderson and others v London Fire & Emergency Planning Authority [2013], the Court of Appeal decided that a contractual provision in a collective agreement, which provided for two potential rates of pay, did not entitle the employer...

Employment changes under Enterprise and Regulatory Reform Act 2013

06 May

The Department for Business, Innovation and Skills has released provisional commencement dates for the changes introduced by The Enterprise and Regulatory Reform Act 2013, which received Royal Assent on 25 April.

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Tribunal not entitled to substitute own view of the seriousness of employee’s misconduct

29 March

In Tayeh v Barchester Healthcare Ltd [2013] EWCA Civ 29, the Court of Appeal considered the Tribunal’s discretion in applying the ‘range of reasonable responses’ test.

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Tribunal not required to consider whether previously issued final warning was correct

20 March

In Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135, the Court of Appeal held that an Employment Tribunal did not commit an error by refusing to look behind a final warning, which had been taken into account in an employe...

Exempting disabled employee from absence management policy not a reasonable adjustment

16 March

In Jennings v Barts and The London NHS Trust, the EAT upheld a Tribunal decision that the dismissal of a disabled employee following long-term sick leave was fair and it would not be a reasonable adjustment for the employer to exempt the e...

Children and Families Bill: shared parental leave, time off for ante-natal appointments and flexible

12 March

The Children and Families Bill 2012-13 was introduced in the House of Commons on 4 February 2013. The Bill will implement a new system of shared parental leave and pay, allow certain employees to take time off work to attend ante-natal and...

Requiring Christian to work on Sundays was objectively justified

28 February

 In Mba v Mayor and Burgesses of the London Borough of Merton, the EAT has upheld a Tribunal’s decision that a Christian care worker had not suffered indirect religious discrimination by being required to work on Sundays. <...

More changes in employment law …

25 February

From 1 February 2013, the Tribunal’s compensation limits will increase. The maximum unfair dismissal compensatory award will rise from £72,300 to £74,200, and the maximum amount of a week’s pay will rise from £430 ...

European Court of Human Rights decision on 4 Christian employee claims

16 February

In Eweida and others v United Kingdom [2013] ECHR 37, the European Court of Human Rights (EctHR) considered whether four different Christian employees’ rights to manifest their religious beliefs had been breached.

...

Stringfellows lap dancer was not an employee

13 February

In Stringfellow Restaurants Ltd v Quashie [2012] EWCA Civ 1735, the Court of Appeal considered whether there was sufficient mutuality of obligation between Stringfellows and one of its lap dancers to establish employment status for un...

Happy new year to you all! Key dates update for employment legislation in 2013

31 January

The Government has set out the dates on which it intends to bring into force some key employment legislation in 2013.

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Dismissal for “little sikh club” comment was not victimisation

22 January

InPasab Ltd t/a Jhoots Pharmacy and another v Woods [2012] EWCA Civ 1578, the Court of Appeal found that a Muslim employee, who was dismissed for remarking that she worked at a “little Sikh club”, had not suffered unlawful vict...

No protection under discrimination law for a volunteer without a contract

10 January

InX v Mid Sussex Citizens Advice Bureau and others [2012] UKSC 59, the Supreme Court has confirmed that a volunteer without a contract has no protection under discrimination law.

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Change to limits on Tribunal awards

03 January

The limits on Tribunal awards will be increased on 1 February 2013.

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Government announces proposals for employees to trade employment rights for shares

29 November

The Government has announced proposals for a new owner-employee employment contract, under which employees will exchange employment rights for shares in their employer.

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Denying pay rise to NHS workers on grounds of sickness absence

27 November

In Bent and others v Central Manchester University Hospitals NHS Foundation Trust, an Employment Tribunal considered whether denying NHS workers a pay rise on grounds of sickness absence was an unlawful deduction from wages.

...

Civil courts hearing equal pay claims

19 November

In Birmingham City Council v Abdulla and others [2012] UKSC 47, the Supreme Court considered whether equal pay claims, which would have been out of time if brought in an Employment Tribunal, should proceed in the High Court. 

...

Employee bound by unsigned contract

13 November

In FW Farnsworth Ltd and another v Lacy and others [2012] EWHC 2830, the High Court considered whether an employee should be bound by a clause contained in a new contract provided to him that he had not signed and ...

Pope comment in newsroom was not harassment on grounds of religion

30 October

In Heafield v Times Newspaper Limited, the Employment Tribunal considered complaints of harassment and victimisation on grounds of religion and belief after a comment about the Pope was shouted across a newsroom.

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Employment tribunals and EAT statistics 2011/2012

22 October

The Ministry of Justice has published its report on Employment Tribunals and Employment Appeal Tribunal statistics for the period 1 April 2011 to 31 March 2012.

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Court of Appeal confirms that LLP member was not a worker

22 October

In Clyde & Co LLP and another v Bates van Winkelhof [2012] the Court of Appeal considered whether an Employment Tribunal had jurisdiction to hear the whistleblowing, sex and pregnancy discrimination claims of a former LLP equ...

October 2012 changes in employment law

12 October

We have a summary of the key employment law changes taking effect on 1 October 2012.

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Fair dismissal for SOSR based on unproven allegations and reputational risk

27 September

In Leach v The Office of Communications [2012] the Court of Appeal has upheld a Tribunal's decision that an employee was dismissed fairly for "some other substantial reason".

...

EAT Observations on Employment Judges Sitting Alone

18 September

Is it a good idea for Employment Judges sitting alone to hear unfair dismissal cases?

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Failure to request holiday does not affect sick worker's right to carry over holiday

10 September

In NHS Leeds v Larner, the Court of Appeal decided that a worker who had been on sick leave for an entire leave year was entitled to payment in respect of that year's unused statutory holiday entitlement on termination of emp...

Employment Tribunal fees to be introduced in 2013: Government response to consultation

07 September

The Government has published its response to the Charging Fees in Employment Tribunals and the Employment Appeal Tribunal consultation.

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Employment news: Bill includes employmet law reforms

26 July

The Enterprise and Regulatory Reform Bill was laid before Parliament on 23 May 2012 and if passed, it is likely to implement a number of the government’s reforms to employment law.

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Employment news: Landmark ruling on age discrimination

19 July

The long-awaited decision on the scope of indirect age discrimination has finally been provided in the case of Homer v Chief Constable of West Yorkshire Police.

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Employment news: Enforced retirement at 65 was backed up by social policy

16 July

The Court of Appeal in Seldon v Clarkson Wright & Jakes has upheld the EAT’s decision that a firm’s policy to retire partners at 65 is justifiable as a proportionate means of achieving a legitimate aim.

...

Employment news: Clarification on TUPE and 'organised groupings'

12 July

An employee who worked exclusively on a contract for a single client was found not to be an organised grouping of employees and could not transfer his employment under TUPE.

...

Employment news: Clarification on TUPE and 'organised groupings'

12 July

An employee who worked exclusively on a contract for a single client was found not to be an organised grouping of employees and could not transfer his employment under TUPE.

...

Employment news: Is a selection pool of one valid for redundancy?

23 April

A selection pool consisting of just one employee when going through a redundancy process does not automatically amount to unfair dismissal, according to recent ruling by the Employment Appeals Tribunal (EAT).

...

Employment news: ‘Marriage discrimination’ ruling clarifies law

16 April

The EAT has upheld a Tribunal’s decision to strike out discrimination claims based on the grounds of marriage.

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Employment news: What is the correct procedure for misconduct allegations?

13 April

In Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138, the Court of Appeal has given helpful guidance on the procedure an employer should follow in this regard.

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Employment news: Employment law reforms introduced in April

10 April

A range of employment law reforms came into force in April 2012. Perhaps the most important of the Government’s employment law reforms, the increase in the unfair dismissal qualifying period, takes effect on 6 April.

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Employment news: Ageist remarks can lead to discrimination claims

22 March

If a director makes derogatory remarks to an employee about their age and ability, they alone can lead to an age discrimination case, the Employment Arbitration Tribunal has ruled.

...

Employment news: Do you have a licence to play music in work?

13 March

Businesses which play copyright music to staff or customers without a licence increasingly risk hefty penalties as licensing organisations have stepped up their enforcement in the last two years.

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Employment news: Qualifying period for unfair dismissal set to increase

08 March

The qualifying period for unfair dismissal claims will be increased from one year to two years from 6th April 2012. The government has introduced the change to encourage businesses to employ more staff with less risk of unfair dismissal claims....

Employment news: Employers can be liable for the actions of violent employees

03 March

The Court of Appeal has found that employers can be liable for violent acts committed by their employees against senior colleagues in response to lawful and reasonable requests or instructions - but not always.

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Employment news: New compensation limits from February 1st

30 January

The Employment Rights (Increase of Limits) Order 2011will increase the limits on some Employment Tribunal awards and other amounts payable under employment legislation from 1 February 2012.

...

Employment news: Ruling on fiduciary duties and confidentiality

23 January

When an employee becomes aware of confidential matters relating to competition from a potential new employer, are they bound to pass on the information to their existing employer?

...

Employment news: No TUPE 'transfer' unless activities essentially the same

20 January

The Employment Appeal Tribunal (EAT) has reconsidered the meaning of a 'service provision change' as defined by the Transfer of Undertaking Regulations 2006 ('TUPE') and confirmed there is no transfer unless activities are essen...

Employment news: Ministers of religion are employees

15 January

In the case of President of the Methodist Conference v Preston, the Employment Appeals Tribunal (‘EAT’) held that a Methodist minister is employed under a contract of service and so is entitled to bring an unfair dismissal claim.

Employment news: Employment law reforms announced

30 December

After many months of rumour, Business Secretary Vince Cable has announced the government's proposals for what is claimed to be the biggest shakeup of employment law for decades.

...

Employment news: Holiday pay and sickness absence

27 December

In Fraser v St George’s NHS Trust, the Employment Appeal Tribunal has decided that workers on sickness absence are only entitled to statutory holiday if they take or seek to take that holiday.

...

Employment news: Wearing a poppy not protected by discrimination law

22 December

In Lisk v Shield Guardian Co Ltd and others, an Employment Tribunal held that an employee's belief that he should wear a poppy as a mark of respect was not protected under the Equality Act 2010.

...

Employment news: New proposals for sickness absence

18 December

A new report “Health at work – an independent review of sickness absence” has been presented to the government making recommendations for dealing with sickness absence in the UK.

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Employment news: Theft by staff - cases increasing

29 November

The number of cases of theft from employers by staff being referred to Darwin Gray has been increasing - often involving significant sums.

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Employment news: FSA compliance helps determine employment status

23 November

An employment tribunal has ruled that an independent financial advisor who was purportedly self-employed was in fact an employee because of the control exercised over him buy his employer - albeit through FSA compliance.

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Employment news: Dismissal notices can't unilaterally be retracted

17 November

Once an employer has provided an unambiguous written notice of termination to an employee, they cannot unilaterally retract that notice - even on the basis that it was issued by mistake.

...

Employment news: Sick workers can carry over holiday to next year

10 November

Sick workers can carry over their full statutory annual leave entitlement to the following leave year - but they should not be able to accumulate and carry it from year to year indefinitely, an employment tribunal has ruled.

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Employment news: Do you meet the new Agency Workers Regulations?

28 October

The Agency Workers Regulations 2010 came into force on 1 October 2011, giving agency workers new employment law rights from that date.

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Employment news: Court rules on allegations mentioned in references

23 October

A former employer had not acted negligently when it provided a reference which mentioned allegations made against a former employee that hadn’t been investigated, the Court of Appeal has ruled.

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Employment news: Employee unfairly dismissed after Facebook post

19 October

An employee who was dismissed for making derogatory comments about her employer on Facebook was unfairly dismissed because dismissal for a relatively mild comment fell outside the band of reasonable responses.

...

Employment news: Darwin Gray’s practical tips on providing a reference

15 October

It is vital that businesses balance the duty owed to the employee against the duty owed to the prospective employer. The two main ways of dealing with this are as follows:

...

Employment news: A 'reasonable' adjustment for a disabled employee

07 October

When an employee is deemed ‘disabled’ under the Equality Act 2010, an employer is obliged to make reasonable adjustments to the employee’s role. But what is‘reasonable’? A recent case provides a clearer unders...

Employment news: Could NOTW staff expect stigma damages?

30 August

Several aspects of employment law have implications for the closure of the News of the World in the wake of the phone hacking scandal.

...

Employment news: 'Expired licence drivers' unfair dismissal overturned

23 August

The Employment Appeal Tribunal (EAT) has overturned a tribunal's finding of unfair dismissal for two lorry drivers who had been driving illegally because their licences had expired.

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Employment news: No discrimination or harassment of openly gay employee

14 August

The Court of Appeal held that an openly gay employee had not be discriminated against or harassed when a manager mentioned his sexual orientation to other members of staff.

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Employment news: Dismissal after refusing pay cut was fair

05 August

The EAT has overturned an unfair dismissal ruling after two employees who refused a pay cut were dismissed then offered new contracts on lower pay.

...

Employment news: Dismissal for refusing pay cut

27 July

In Garside and Laycock Ltd v Booth the Employment Appeal Tribunal (EAT) has held that an employment tribunal misdirected itself in finding that it was unfair to dismiss an employee who refused to accept a pay cut.

...

Employment news: Bribery Act 2010 comes into force

27 July

The Bribery Act 2010 came into force on 1 July 2011. The Act repeals the common law offences of bribery and embracery and creates several new offences carrying a maximum penalty of ten years' imprisonment or an unlimited fine for which empl...

Employment news: Legal representation at internal disciplinaries

24 July

The Supreme Court has handed down its decision in the case of R (on the application of G) v The Governors of School X, which is authority for the proposition that there is no right, under Article 6 of the European Convention on Human Rights (EC...

Employment news: Government considers employment law reform

21 July

The Employment Relations Minister Ed Davey has announced that the government will extend its review of employment law to include areas which employers have indicated are problematic; those being discrimination compensation, collective redundanc...

Employment news: Denying employee time out of work to pray was justified

30 June

An employer’s refusal to allow a security guard to leave a client’s site on Friday lunchtimes to attend mosque did not amount to indirect religious discrimination, an Employment Appeal Tribunal (EAT) has upheld.

...

Employment news: Employers liable for 'mis-statements' beyond references

23 June

An employer may be liable to a former employee for a negligent mis-statement when communicating with a future employer or a potential employer - even though that communication was not a formal reference.

...

Employment news: Kirpan ban did not discriminate against Sikh prison officer

20 June

An employment tribunal has decided that a ban on prison officers carrying knives did not amount to race or religious discrimination against a Sikh prison officer who wished to wear a kirpan (a ceremonial dagger).

...

Employment news: Tribunal finds dismissal for Facebook comments was fair

31 May

A pub manager was fairly dismissed for gross misconduct having made inappropriate comments on Facebook about customers in breach of her employer's e-mail and internet policy.

...

Employment news: The rise and rise of social media

27 May

The dramatic impact social media is having on our society is creating issues in the work place as well as opportunities - but what can employers do about it?

...

Employment news: Sex discrimination against a man in redundancy process

19 May

Inflating the score of an employee on maternity leave in a redundancy selection process was sex discrimination against her male colleague, an Employment Appeal Tribunal (EAT) has confirmed.

...

Top tips for keeping personnel files

14 May

As an HR Consultant providing hands-on support and guidance to many organisations, often in relation to conducting a grievance investigation or disciplinary hearing, the first thing that I want to look at is an employee’s personnel file.&...

Employment news: Anti-hunting beliefs may be protected by discrimination law

30 April

A passionate anti-hunt campaigner who was dismissed for his beliefs has won his case in an employment tribunal which held that an employee who had anti-hunting beliefs was protected under discrimination law.

...

Employment news: Are you an “Employee” or a “Worker”?

27 April

A taxi driver who claimed that he was owed statutory notice pay under the ERA has lost his appeal at a tribunal which backed the original decision that while he was a “worker” in the eyes of the law, he was not an “employee&rd...

Employment news: Government acts to cut employment red tape

23 April

The government has announced a range of measures to reduce the amount of red tape faced by business. Among them are plans to repeal regulations extending the right to request flexible working to the parents of 17-year-olds.

...

Employment news: Employee loses “homophobic banter harassment” appeal

17 April

The Employment Appeal Tribunal has upheld a decision that a heterosexual employee who was subjected to homophobic banter at work did not suffer harassment.

...

Employment news: Time off for training

27 February

Plans to extend the right to request time off for study or training to all employees from 6 April 2011, have been delayed.

...

Employment news: Volunteer without contract not protected by discrimination law

22 February

A volunteer has been told by the Court of Appeal that she can not pursue a claim for discrimination against the Citizens Advice Bureau for whom she had worked.

...

Employment news: TUPE and pre-pack administrations

13 February

A decision by the Employment Appeal Tribunal (EAT) means that in the event of an administration, anyone employed by the seller will automatically transfer to the buyer under TUPE and thus get special protection against unfair dismissal.

...

Employment news: Costs in the Employment Appeal Tribunal

12 February

Failure by a party to consider a reasonable settlement offer or to make a reasonable counter-offer at an Employment Tribunal, can amount to unreasonable conduct and justify a costs order being made against it, according to the Employment Appeal...

Employment news: How much should employers know in unfair dismissals?

09 February

The Court of Appeal has decided in the case of Orr v Milton Keynes Council that an employer can’t be deemed to have knowledge of all facts known to its employees when deciding whether it was reasonable to dismiss a particular employee.

Employment news: Limits on tribunal awards to increase

07 February

On 1 February 2011, the maximum compensatory award for unfair dismissal increased from £65,300 to £68,400.

...

Employment news: Countryfile presenter suffered age (not sex) discrimination

06 February

An employment tribunal has held that Miriam O’Reilly, a 51-year-old female presenter of the BBC’s Countryfile programme, suffered discrimination because of her age but not her sex.

...

Employment news: Employment tribunal reform

04 February

The government has launched a consultation into possible reforms of the employment tribunal system. The proposals set out in the consultation document are said to be aimed at encouraging early resolution of disputes, speeding up the tribunal sy...

Employment news: Default retirement age to be abolished

03 February

As widely anticipated, the government has confirmed that the default retirement age will be abolished from 1st October 2011. Here's an outline of how it is likely to impact on businesses.

...

Employment news: When does a dismissal by letter become effective?

29 November

The Supreme Court has recently handed down its decision in the case of Gisada Syf v Barratt, which dealt with the issue of dismissing an employee by letter.

...

Employment news: Compulsory retirement age and age discrimination

22 November

As mentioned in previous newsletters, the government announced on 29 July 2010 that it intended to phase out the Default Retirement Age (“DRA”) of 65.

...

Employment news: Discrimination and references

18 November

When asked to provide a reference for an individual, a referee must be careful not provide a discriminatory reference. Particular care should be given to comments about performance, attendance or sickness absence where there is a risk that thos...

Darwin Gray’s practical tips on providing a reference

14 November

It is vital that businesses balance the duty owed to the employee against the duty owed to the prospective employer. The two main ways of dealing with this are as follows:

...

Employment news: Minimum wage

13 November

The annual increase in the national minimum wage came into force on 1 October 2010. From that date, the following changes will take place:

...

Employment Newsletter September 2010

28 September

Internet and email risks in the workplace

With the continuing rise of the internet and email in the workplace, it's never been as important for employers to understand and protect against the risk of online usage...

Employment Newsletter July/August 2010

30 August

Mid-year preview - what to expect in employment law in the remainder of 2010?

The summer weather may be here at last but things are also hotting up in the field of employment law, with several notable changes anticipated over the nex...

Employment Newsletter May/June 2010

22 July

The Lib-Con Coalition Government and its impact on employment law.

...

Employment Newsletter April 2010

14 April

Election fever, volcanic ash and some great weather.  It's all been happening this month.  April is also significant because it is one of the two designated months when new employment legislation comes into force, the other month ...

Welsh Employment Newsletter 2010

09 April

Welsh Employment Newsletter 2010

...

Employment Newsletter March 2010

31 March

March has brought quite a few developments and updates into the employment field.  Below is a round up of the most controversial and interesting stories which caught our attention.

...

Employment Newsletter February 2010

24 February

This month we look at the long awaited Equality Act 2010 and what it will mean for you as an employer.

...

Employment Newsletter January 2010

27 January

January 2010 has brought its fair share of headaches to employers across the UK.  It has been estimated that the recent bad weather has cost the UK economy anywhere between £500 million and £1 billion, and at least 20% of the w...

Employment Newsletter November 2009

23 December

October and November 2009 have seen a great deal of new case law and new legislation bubbling to the surface, some with far reaching consequences on how employers and employees should conduct themselves in the workplace.

...

Employment Newsletter

16 September

Recruitment after the recession - With signs that the UK’s financial climate is slowly improving, some experts are predicting that the recession could be over by the end of this calendar year. With this in mind, and given that redundancie...

Employment Newsletter May 2009

20 May

Social Networking - to ban or not to ban?

Recent figures show that 67% of all web users visit social networking sites, and it is estimated in the UK that one in every six minutes of the average web user is spent on one of these.

...

Employment Newsletter April 2009

15 April

Sea Change in April

As mentioned in our March 2009 newsletter, April 2009 has brought in a raft of changes to some of the cornerstones of employment legislation in the UK.  Here's a taste of further changes brought in w...

Employment Newsletter March 2009

19 March

The arrival of The Employment Act 2008 - Out with the Old......

Since October 2004 employers across the land have been getting up close and personal  with the provisions of the Employment Act 2002 (Dispute Resolution) Regulation...

Employment Newsletter February 2009

11 February

Redundancy issues in the Credit Crunch

In these difficult economic times employees all over the UK have become twitchy about how safe their jobs are.  Employers also are facing difficult decisions on a daily basis about necessar...

Employment Newsletter January 2009

14 January

Employment Law issues during the Credit Crunch.

On 23 January 2009 official government figures confirmed that the UK is now officially in recession.  The Office for National Statistics has also released figures confirming that o...

Employment Newsletter December 2008

18 December

This month has seen the publication in draft form of the eagerly awaited revised ACAS Code of Practice on Disciplinary and Grievance Procedures (the "New Code").  It comes into effect on 6th April 2009, when the Employment A...

Employment Newsletter

22 October

The Employment Equality (Age) Regulations 2006 (“Age Regulations”) have faced several challenges on both UK and European levelsince they came into force on 6 April 2007. A recent decision from the High Court and the Opinion of the E...

Employment Newsletter

16 September

The latest UK unemployment figures put the jobless rate at 5.2%. This is translated as meaning that there are 1.62 million people out of work. This statistic, representing the biggest leap in unemployment since 1992 will have important conseque...

Employment Newsletter

24 July

Big Brother 9 is here and it’s more diverse than ever. In many ways, Big Brother is like a workforce where every employee is differentand every one has their own issues and agendas. For instance, this year in Big Brother, Darnell is albin...

Employment Newsletter

18 June

When the Employment Equality (Age) Regulations (the “Regulations”) came into force in October 2006 many expertspredicted that the Regulations would have a large impact on businesses. Age discrimination cases are rising innumbers and...

Employment Newsletter

14 May

A survey out this month conducted by MORI showed that 88% of people have never been put off dealing with a person or a businessbecause of their association with a particular religion. So, it would be easy to assume that the Religion and Belief ...

Employment Newsletter

16 April

On 29 February 2008 the Government introduced changes which employers need tobe aware of to avoid liability for payment of acivil penalty for employing illegal migrants. An Employer who employs someone subjectto immigration control aged over 16...

Employment Newsletter

20 March

This month, there have been two cases where an employee has claimed that he has been harassed and, in both cases, a courthas found that the conduct complained of did not amount to harassment.

...

Employment Newsletter

29 February

If employment law had a shape, then this month, it would be triangular. Usually, it is just composed of a line between employerand employee, or between boss and worker. At the moment, though, there are triangularrelationships everywhere. There ...

Employment Newsletter

23 January

The Employment Bill has been placed before the House of Lords. This is an essential part of the Bill’s progress towards becoming an Act of Parliament.

...
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