Under UK data protection legislation, employees, also called “data subjects”, have the right to make a data subject access request (DSAR) to their employer  who “processes” their personal data.. Amongst other things, as part of a DSAR, data subjects can expect to...

As artificial intelligence (AI) continues to spread, its reach into the workplace is becoming increasingly common. From automating routine tasks to enhancing decision-making processes, AI can offer many benefits. However, its use also raises several legal and ethical...

Certified Copies As solicitors, we are often asked to certify that a photocopy of an original document is a true copy of the original.  Some organisations won’t accept a certified copy unless it has been certified by a solicitor.  Certified copies are often required...

The Government has recently unveiled its intentions to impose a three-month restriction on non-compete clauses within employment contracts. This proposed measure marks a significant departure from the current state of affairs. Currently, non-compete clauses should be...

Three new pieces of legislation have been passed by Parliament to help support the wellbeing of employees and protect vulnerable workers at difficult times in their lives. In summary the new laws are: The Neonatal Care (Leave and Pay) Act 2023 will allow eligible...

On 2 May 2023, the very-to-the-point entitled Employment (Allocation of Tips) Act 2023 received royal assent. The topic of "tips" has sparked lots of discussions in recent years, focusing on how they should be handled, who they belong to, and how they should be...

If an employee has angry outbursts at work, their employer may be unsure of how to proceed if the employee claims that their behaviour is linked to a disability and they have been treated unfavourably. How should an employer assess whether the unfavourable treatment...

The annual increase in Tribunal awards has been published. For those dismissed after 6th April 2023, the cap on a  'week's pay' for the calculation of the Basic Award or Statutory Redundancy Pay will increase from £571 to £643. This is an increase of over 12.5%.In...

Can providing shared toilets at work discriminate against men and women at the same time? Yes.  In the case of Earl Shilton Town Council v Miller,  there is no need for any group to be disadvantaged. An arrangement can simultaneously be directly discriminatory against...

ID1 Land Registry Form completion The ID1 Land Registry Form certifies your identity and is typically needed during property transactions to protect against identity fraud. If you have chosen not to instruct a legal professional to help you with a conveyancing or...

After another busy year of employment law cases, there are more important decisions expected in 2023. We summarise below a few decisions which have the potential to affect your business. Chief Constable of Northern Ireland Police v Agnew This case was heard in the...

An Employment Tribunal has recently decided on if supporting a football club is a protected philosophical belief under the Equality Act 2010. How does the law define a religion or belief? Someone’s “religion or belief” is a protected characteristic under the Equality...

In the recent case of  Mellor v The MFG Academies Trust, an Employment Tribunal upheld a complaint of harassment following the employer’s failure to provide breastfeeding facilities. What happened? Ms Mellor employed as a teacher by the Trust. During the Covid-19...

The Supreme Court has ruled that a CV fraudsters must pay back at least part of their wages if caught falsifying their qualifications and experience to get a job. This was the conclusion of the high-profile appeal case of Jon Andrewes. He was a former NHS chief...

We are a specialist employment law and HR practice working across Somerset, Gloucestershire, Wiltshire and Berkshire and are looking for a Solicitor with between 2-5 years’ PQE to join our team of three qualified and one trainee solicitor to undertake all aspects of...

We are looking  to expand  our range of legal services  from our main Chippenham office to provide family law to private paying clients. We are looking for an experienced family law solicitor or legal executive  to help set up and run the new department. The role...

The Supreme Court has handed down its decision in the claim of Harpur Trust v Brazel, which will have a significant impact on employers of part-year (term-time only) workers. Employers must calculate paid holiday entitlement for part-year workers on permanent...

Are more rights for parents with premature babies on the way? Women are currently entitled to 52 weeks’ statutory maternity leave. Their partners, adopters, or intended parents (including surrogates) are entitled to just 2 weeks’ paternity leave to provide support and...

The Government has responded to its 2018 consultation on employment status… but has decided against law reform. Instead, it has published new guidance to help improve clarity around employment status. Taylor review and employment status consultation In 2018, the...

Do we have to pay costs if the other side’s solicitor is acting for free? Although it is rare for costs to be awarded to a successful side in Employment Tribunals, it has always been a been frustrating that they could not be awarded to a party who were receiving free...

The Employment Tribunal case  of Sault v Empire Amusements & Cheeky Monkey’s Soft Play Centre acts as a useful reminder to employers to clearly communicate an employee’s dismissal and importantly, ensure they have evidence they have done so. Ms Sault was absent...

Since the beginning of the pandemic in March 2020, we have seen Companies adopt new ways of working and employees change their attitude to work-life balance. Some employers are testing a four-day working week. In February 2020, research shows that 5.7% of workers...

The law around to fit notes for employees not well enough to work is changing. It is the first major overhaul since they were introduced in 2010. New legislation to allow a wider range of healthcare professionals to certify fit notes (or “statements of fitness for...

Earlier this month, the BBC reported that Spain is planning to introduce a law to give women suffering from severe period pain at least three days' paid medical leave each month. A number of UK charities have called on the government to introduce similar legislation...

Even with the latest announcement of support measures from the government, the cost of living crisis is a top concern for the UK workforce. Many employers are facing increased pressure to respond with inflation-busting pay increases or hardship bonuses to their work...

On Friday 3 June 2022, there will be an extra Bank Holiday granted to celebrate the Queen’s Platinum Jubilee. As the usual May Bank Holiday has been moved forward to Thursday 2 June 2022, it has resulted in a 4 day weekend for those able to take the time off. However,...

The Personal Protective Equipment at Work (Amendment) Regulations 2022 (the "2022 Regulations") came into force on 6 April 2022. This extends the rules surrounding PPE by updating the 1992 Regulations to more workers. What protection was offered by the 1992...

Government guidance to work from home where possible has now ended – though some businesses are continuing the practice.  As an employer, you may wish to call time and have your staff to return to the workplace. What if some of your employees are reluctant to return,...

Can an employee be prevented from working for a competitor for 12 months? The enforceability of post-termination non-compete restrictions poses complex questions – especially where an employee is also a shareholder.  The recent High Court decision in Law By Design Ltd...

The Employment Rights (Increase of Limits) Order 2022 has been laid before parliament. This affects the amount of compensation claimants can be awarded. The compensation limits usually increase each year. For those dismissed after 6th April 2022, a week's pay used to...

2022 has a reason to  celebrate after the announcement that there will be an extra bank holiday to celebrate the Queen’s Platinum Jubilee. This exciting event is to fall on Friday 3 June 2022 and due to the late May bank holiday being shifted to Thursday 2 June 2022,...

In a bid to support businesses during the most recent wave of increasing coronavirus cases, the Government has announced that from mid-January, it will be reintroducing the Statutory Sick Pay Rebate Scheme (SSP). This previous scheme ended on 30th September 2021. For...

To support the booster vaccination efforts, emergency legislation is now in place changing how long an employee can self-certify their sickness absence for. The change applies from  Friday 17th December 2021. It has long been established that employees can...

In a competitive employment market, a reference could mean the difference between landing a job offer or not. But the subject of references can be a difficult topic to raise - and the content of a reference can sometimes be misunderstood or baseless -  with serious...

  Social media in the workplace has completely changed our working lives and created headaches for business owners, managers and Human Resources when things go wrong. A strong online presence  is important to most businesses - but it also presents risks for...

October 18 sees this year’s Menopause Awareness Day. According to research from the Government’s Equalities Office, working women have experienced gendered ageism at work where the culture is unsympathetic, as well as being made to feel embarrassed by their symptoms....

The government has responded its carer’s leave consultation, that it will introduce legislation to provide for five days' unpaid carer’s leave per year for employees. This will be a day one right that all employees can take on a flexible basis to allow them to provide...

A recent Tribunal case has once again highlighted the importance of ensuring that flexible working requests – especially from women who have childcare responsibilities, are handled correctly and are given proper and appropriate consideration before they are rejected....

For many workers, being required to work from home and avoiding the daily commute  has been one of the very few welcomed consequences of the pandemic. Many employers have embraced the "new-normal" and even seen their performance improve, with businesses such as Reddit...

The COVID-19 Statutory Sick Pay -  SSP Rebate Scheme was launched by the government in May 2020, as part of a package of COVID-related financial support for employers. This scheme is due to close at the end of September. The scheme had been created to enable small to...

This month, the government launched its consultation: “Making flexible working the default”. The consultation covers a number of changes to the existing flexible working legislation, including making the right to request flexible working a ‘day one’ right (as opposed...

When does an employer know they have a duty to make reasonable adjustments in the workplace to assist a disabled person with their ability to work? Are they aware of the employee’s disability? Should they know? Sometimes it is obvious, other times - less so. …a...

In the recent case of  Mhindurwa v Lovingangels Care Limited, an Employment Tribunal held that an employee, who was made redundant in the early months of the pandemic, was unfairly dismissed because her employer did not consider putting her on furlough leave. What was...

The UK Government has confirmed that it will introduce a new duty on employers to pro-actively prevent sexual harassment following its recent response to the 2019 Consultation on sexual harassment in the workplace. This development is not surprising in light of its...

With COVID case numbers still rising, some have dubbed the increase in notifications from the Test and Trace app as a ‘pingdemic’. Record numbers of people are being told to self-isolate. However, the increasing number of people being contacted has sparked food...

In an effort to support employees who have experienced pregnancy loss, Channel 4 launched a dedicated pregnancy loss policy in April. It is designed to support both male and female employees through pregnancy loss – which includes, but is not limited to, miscarriage,...

Mr Ham commenced employment with the Respondent in November 2010 with ESL BBSW Ltd - a company which provides cleaning services. He was dismissed following a refusal of what his employer aid was a reasonable request. What was the case about? In March 2020, Mr Ham was...

In the case of Prosser v Community Gateway Association Ltd, the Employment Tribunal had to decide if a pregnant woman, engaged under a zero hours contract, was discriminated against after she was sent home for health and safety reasons and wasn't allowed to return for...

In the recent case of Accattatis v Fortuna Group (London) Ltd an employment tribunal held that it was not an automatic unfair dismissal where the employer dismissed an employee who insisted on furlough leave  claiming to have safety concerns about attending the...

An employee was unfairly dismissed for raising health and safety issues about lack of PPE and other workplace Covid secure measures. Under s.44 and 100 of the Employment Rights Act 1996 (ERA 1996), employees are protected from being subjected to a detriment or being...

An Employment Tribunal has recently ruled that an employee had been fairly dismissed when he refused to attend his workplace due to his Covid 19 concerns. What is the case about? In the case of Rodgers v Leeds Laser Cutting Ltd, Mr Rodgers began working for the...

As the UK continues its Covid-19 vaccination programme, employers need to consider what the legal implications are of insisting their staff are protected. Six months into the vaccination programme, the Government has still to publish any guidance on how employers...

Employers may need to consider treating those with ‘long Covid’ as if they have a disability in order to avoid falling into an unfair dismissal or discrimination claim. How long do COVID symptoms last? For some people, coronavirus (COVID-19) can cause symptoms that...

Further to the budget announcements , the changes to rates of the  National Minimum Wage (NMW) have been confirmed for April 2021. These are in line with the recommendations that were made by the Low Pay Commission. They are as follows: Current rate   From April 2021...

We are  recruiting for an administrator to join us whilst working towards a Business Administration level 3 or 4 qualification with Wiltshire College.   Main Job Activities Answering, screening and forwarding incoming phone calls, take messages, making...

The law recognises that some claims to an employment tribunal must be dealt with quickly if there is to be an effective remedy for the claimant. This is called an "interim relief" application. Interim relief can be used by employees who have been dismissed for one of...

It is common to hear stories of employees complaining about their employers having surveillance on them. It is less heard of however for employees to try to keep a secret eye on what their employer is doing. This was the case in Northbay Pelagic Ltd v Anderson. After...

On 19 February, after a 5-year legal dispute, the Supreme Court made a ruling that Uber drivers should be classed as workers. Their decision was based on 5 key points: 1. The drivers are not entitled to charge any more for the rides than Uber allows them to; they are...

The coronavirus pandemic has caused all of us to adapt to changing circumstances. Not only have individuals and businesses had to experiment with new ways of working but Employment Tribunals have had to adjust their measures to fit the ‘new normal’. Whilst video...

Trade unions and associations exist to protect members’ employment interests and rights. Members often pay subscriptions for the organisation's professional support and may sometimes rely on their advice in important work-related matters such as employment disputes,...

Much has been said about the upcoming changes to off-payroll working (IR35) in the private sector over the past 18 months. In March last year, the government announced that due to the COVID-19 pandemic, that the changes would be delayed until April 2021. The new...

Under current UK government guidance, any individuals with symptoms of COVID-19 are able to access a COVID-19 test through the NHS. There is currently no government guidance on the ability of businesses to compulsorily test their employees. What should employers be...

The government has announced a  new consultation on measures to reform post-termination non-compete clauses (restrictive covenants) in employment contracts. In 2016, following a ‘call for evidence’ on the use and impact of the restrictions, the Government decided they...

On Monday 4 January, another national lockdown was announced for England. The new national lockdown means both primary and secondary schools will be closed until at least mid-February. School closures will result in parents and carers having to undertake an all too...

When the Coronavirus Job Retentions Scheme (CJRS) was initially extended at the start of November it was due to close on 31 March 2021, and the 80% contribution to wages (subject to a cap of £2,500 a month) for unworked hours was only guaranteed until 31 January...

Recent reports have suggested the Employment Tribunal system has a backlog of around 45,000 claims. Claims are taking much longer to be heard by an Employment Judge - several of our larger cases are still likely to only be heard in 2022. Those who have had the...

The government has announced the proposed annual increases in statutory sick pay, statutory maternity leave and other types of family leave expected to apply from 4 April 2021. The new rates are: The weekly rate of statutory sick pay (SSP) will be £96.35 (up from...

With vaccination against COVID-19 underway, a recent survey has reported that around a third of UK citizens would be reluctant to receive it.  With employers understandably eager to have their employees vaccinated in hope of their workplace finally returning to some...

We are a niche employment law and HR practice working across Bath, Somerset, Wiltshire, Berkshire and beyond and are looking for a Consultant Solicitor with between 1 – 5 years PQE to undertake all aspects of employment law  including: tribunal work for employees and...

How was your Saturday? Was a little over 4 hours’ notice that the Job Support Scheme was being delayed and furlough leave would be extended just what you wanted to hear? The Coronavirus Job Retention Scheme (or furlough scheme) was originally planned to end on 31...

The past few months have been challenging for most employees – including managers involved in Human Resources. Many businesses that have been able to remain open during lock down have managed to struggle through.  Those that have only been able to reopen recently, or...

As the UK population ages, the rights of unpaid carers is a growing concern. With over 5 million unpaid carers in the UK,  many individuals are having to balance paid work with their caring responsibilities - so what are the rights of unpaid carers in the UK? Existing...

Can employee be fairly dismissed without any procedure being followed, after a breakdown in working relations? Yes (in very unusual circumstances), said the Employment Appeal Tribunal (EAT) in Gallacher v Abellio Scotrail. The Claimant was a senior manager in the...

Many employees are still working from home. At some point, it may be necessary to hold disciplinary meetings, grievances, performance and absence meetings, redundancy consultations and even dismissals remotely, via video call. It might be tempting for employers to hit...

As of today,  over 25% of the UK workforce is still being supported by the Government's Coronavirus Job Retention Scheme (the furlough scheme) at a cost of around £20 billion. How much is being wasted on fraud? Is the scheme being abused? Definitely. Furloughed...

The final consultation meeting will involve confirming with the employee that they have been selected - or escaped  redundancy. Redundancy – where to start Who to consult with Who to select for redundancy Alternatives to redundancy Consultation meetings Redundancy -...

Once you have established a pool of employees at risk of redundancy and have decided your selection criteria, you will need to start scoring against the criteria. Redundancy – where to start Who to consult with Who to select for redundancy Alternatives to redundancy...

Consultation meetings can be upsetting for everyone concerned. Nobody wants to tell a colleague that their position may be at risk. Being prepared for the series of meetings will help make them at least a little bit easier for everyone. Redundancy – where to start Who...

You can avoid compulsory job losses by planning ahead and looking at other alternatives. Redundancy – where to start Who to consult with Who to select for redundancy Alternatives to redundancy Consultation meetings Redundancy - scoring employees Concluding redundancy...

Who should you consult with? Different rules apply depending on how many potential redundancies you may be forced to make. Redundancy – where to start Who to consult with Who to select for redundancy Alternatives to redundancy Consultation meetings Redundancy -...

Starting the process on your own can feel daunting. It risks becoming drawn out and unsettling for everyone in your business if not handled correctly. Our approach is to give you the tools and confidence to handle a redundancy situation in a legally watertight way,...

It is all too easy for an employer to get a redundancy exercise wrong – especially when someone is absent from the workplace. Some employers disregard staff on maternity or family leave - or on long-term sick leave, or those currently furloughed. Some employers even...

With Andorra, the Bahamas and Belgium being the latest countries to be removed from the exempt list, many employees are finding that they are having to self-isolate for 14 days on their return to England. As the decision to implement self-isolation when returning from...

The Department for Business, Energy & Industrial Strategy has announced employees on furlough leave who are then made redundant will receive redundancy pay based on their normal wage, under new laws being brought in today (Thursday 30 July). Throughout the...

Sometimes, choosing a redundancy selection pool is easy; for example, where there’s a specific role that is disappearing and just one employee who does it, your redundancy selection pool might be a ‘pool of one’. There can be dangers though. The leading case is...

On 12 June 2020, HM Revenue and Customs published further updates to the official guidance on the Coronavirus Job Retention Scheme (CJRS) - including the flexible furlough. The updated guidance now includes details of how the scheme is to be wound down between July...

According to a report in the Guardian newspaper, the government has already received nearly 800 reports of suspected fraud of its coronavirus job retention scheme. HMRC said it was assessing the fraud reports and anyone with further information could make a...

Are contract variations which benefit an  employee void if made by reason of a TUPE transfer? Yes, if made by the outgoing employer. Sometimes, employees try to be too clever for their own good... Ferguson v Astrea Asset Management The Claimants were employees and...

Employers are still entitled to give notice of termination (whether on grounds of redundancy, or otherwise) to employees who are on furlough leave. What about their notice pay? There shouldn’t  be any issue about what an employee is entitled to receive in notice pay...

Dealing with the employment law implications of the Job Retention Scheme is difficult - especially if you don't know what your options are when it comes to your staff. Many employers aren’t clear on what they can and cannot do. We have been busy with questions from...

As you will be aware, there is a considerable volume of out-of-date, inaccurate and unhelpful information available to the public online.  In addition, many employees and employers do not have easy access to guidance from employment lawyers at an affordable cost. We...

Dealing with the employment law implications of the coronavirus is difficult - especially if you don't know what your options are when it comes to your staff. Some employers are are getting it badly wrong. To help you make the best decision for you and your staff, we...

Further to the budget announcements , the changes to rates of the  National Minimum Wage (NMW) have been confirmed for April 2020. These are in line with the recommendations that were made by the Low Pay Commission. They are as follows: Current rate  (From April 2020)...

The Equality and Human Rights Commission has published a technical note on Sexual Harassment and Harassment at Work. It claims to be "the authoritative and comprehensive guide to the law and best practice in tackling harassment." It's definitely worth reading,...

A legal secretary who claimed she suffered age discrimination when her colleagues asked about her 50th birthday and sent her a card has had her case dismissed by the Employment Tribunal. According to the judgment, Miss H Munro of Salisbury firm Sampson Coward LLP,...

As research finds women would be more likely to want to work for a company that has a period-friendly policy in place, one UK company aims to empower employees throughout their menstrual cycle. Intimina UK has become the first known company in the UK to introduce HR...

Employment Law 2020 - Invitation to our Free Seminar 2019 was supposed to be a quiet year for HR professionals and employment lawyers. That’s not quite how it turned out... To help support our clients, we have teamed up with  24-7 Staffing  to offer a FREE briefing to...