Our next seminar: Social Media – avoiding a HR headache

Our next seminar: Social Media – avoiding a HR headache

  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...

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A menopause sympathetic workplace?

A menopause sympathetic workplace?

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....

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New day one right to carer’s leave

New day one right to carer’s leave

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...

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How not to deal with a flexible working request

How not to deal with a flexible working request

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....

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Reducing pay if working from home

Reducing pay if working from home

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...

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SSP Rebate Scheme due to end

SSP Rebate Scheme due to end

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...

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Making flexible working the default

Making flexible working the default

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...

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Disabilities – when does an employer know?

Disabilities – when does an employer know?

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...

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Failure to furlough made dismissal unfair

Failure to furlough made dismissal unfair

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...

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New duty to prevent sexual harassment

New duty to prevent sexual harassment

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...

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Turning off Test & Trace at work

Turning off Test & Trace at work

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...

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Pregnancy loss – how employers can help

Pregnancy loss – how employers can help

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,...

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Sending pregnant women home during pandemic

Sending pregnant women home during pandemic

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...

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Denial of furlough request was not unfair dismissal

Denial of furlough request was not unfair dismissal

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...

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Unfairly dismissed – contract changes during pandemic

Unfairly dismissed – contract changes during pandemic

Is it fair to dismiss an employee who refuses to accept employment contract changes made in response to Covid? This was the question faced in the case brought by Ms Khatun. What is the case about? Ms Khatun was employed as a solicitor by the respondent law firm who...

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Fair dismissal for refusal to wear a face mask

Fair dismissal for refusal to wear a face mask

A lorry driver was fairly dismissed for refusing to wear a face mask while on a client’s premises but still in his cab. What is the case about? Mr Kubilius was employed by Kent Foods Ltd as a delivery driver. The majority of his work involved delivering to one of the...

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COVID-19: unfair health and safety related dismissal

COVID-19: unfair health and safety related dismissal

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...

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Vaccination policies – what you need to know

Vaccination policies – what you need to know

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...

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Is Long COVID a disability?

Is Long COVID a disability?

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...

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National Minimum Wage 2021

National Minimum Wage 2021

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...

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We are recruiting

We are recruiting

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...

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Interim relief from dismisal

Interim relief from dismisal

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...

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Covert surveillance and unfair dismissal

Covert surveillance and unfair dismissal

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...

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Is Uber dodging the minimum wage?

Is Uber dodging the minimum wage?

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...

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Video Hearings in the Employment Tribunal

Video Hearings in the Employment Tribunal

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...

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What standards are union advisers held to?

What standards are union advisers held to?

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,...

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Are you ready for IR35?

Are you ready for IR35?

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...

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Should employers test for Covid?

Should employers test for Covid?

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...

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Restrictive covenants on the way out?

Restrictive covenants on the way out?

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...

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Balancing childcare and work during lockdown

Balancing childcare and work during lockdown

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...

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CJRS extended again

CJRS extended again

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...

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More time for Early Conciliation

More time for Early Conciliation

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...

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Statutory leave pay rates to rise from April 2021

Statutory leave pay rates to rise from April 2021

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...

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Employment law and COVID-19

Employment law and COVID-19

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...

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VACANCY FOR A CONSULTANT EMPLOYMENT LAW SOLICITOR

VACANCY FOR A CONSULTANT EMPLOYMENT LAW SOLICITOR

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...

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Furlough leave to be extended

Furlough leave to be extended

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...

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Furlough Scheme extended

You may have seen that the government has made a last minute decision to extend the furlough scheme.  The government has said that the extended furlough scheme will remain open until December.  As a result of this extension, the start of the Job Support Scheme (JSS)...

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Are employers ready for the return to work?

Are employers ready for the return to work?

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...

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Employing unpaid carers

Employing unpaid carers

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...

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Dismissal without a procedure

Dismissal without a procedure

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...

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Can employers record video meetings?

Can employers record video meetings?

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...

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Furlough fraud – time to act

Furlough fraud – time to act

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...

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7. Concluding redundancy consultation

7. Concluding redundancy consultation

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 -...

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6. Redundancy – scoring employees

6. Redundancy – scoring employees

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...

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5. Consultation meetings

5. Consultation meetings

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...

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4. Alternatives to redundancy

4. Alternatives to redundancy

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...

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2. Redundancy – who to consult with

2. Redundancy – who to consult with

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 -...

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1. Redundancy – where to start

1. Redundancy – where to start

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,...

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Redundancy: consulting with absent staff

Redundancy: consulting with absent staff

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...

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Self-isolation: returning to work

Self-isolation: returning to work

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...

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Furlough and redundancy pay

Furlough and redundancy pay

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...

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Redundancy – a pool of one

Redundancy – a pool of one

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...

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Latest furlough guidance

Latest furlough guidance

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...

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Fraud and the furlough scheme

Fraud and the furlough scheme

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...

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Beneficial contract variations and TUPE

Beneficial contract variations and TUPE

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...

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Notice pay when on furlough leave

Notice pay when on furlough leave

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...

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Job Retention Scheme – Q and A

Job Retention Scheme – Q and A

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...

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Coronavirus – sources of information

Coronavirus – sources of information

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...

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Coronavirus: advice for employers

Coronavirus: advice for employers

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...

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National Minimum Wage 2021

Increases to the National Minimum Wage 2020

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)...

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Sexual harassment at work

Sexual harassment at work

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,...

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A birthday to remember – age discrimination at work

A birthday to remember – age discrimination at work

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,...

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Period-friendly HR policies

Period-friendly HR policies

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...

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Employment law 2020 – Free Seminar

Employment law 2020 – Free Seminar

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...

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Why do the IR35 changes matter?

Why do the IR35 changes matter?

What are the IR35 changes and why do they matter? IR35 is tax legislation which was introduced to address a particular kind of tax avoidance...and the law is changing in April 2020.  Where do they apply? The IR35 changes apply where individuals supply their services...

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Queen’s speech – what’s in store?

Queen’s speech – what’s in store?

The Queen’s Speech at the opening of Parliament set out details of new employment law legislation that the Government intends to carry over and introduce in the next Parliamentary session. What’s in store for employment law? Employment Bill The Government is proposing...

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What are employee share schemes?

What are employee share schemes?

Employee share schemes can be a useful way recruit, motivate and retain staff. They are becoming increasingly common in contracts of employment for senior staff - and new start-up companies looking to attract talent. Merely transferring some shares to employees is...

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Disability discrimination: sickness absence triggers

Disability discrimination: sickness absence triggers

Dealing with sickness absence can be challenging and an effort for businesses to be seen to be treating everyone equally – but when an employer fails to adapt their sickness absence ‘trigger point’ for a disabled employee, they may be  discriminating by failing to...

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Does TUPE apply to workers?

Does TUPE apply to workers?

Until now, the response would have been a definite “no, TUPE affects employees only”. However, the London Central Employment Tribunal has recently ruled that TUPE protection extends to “workers” too. At this point it is worth noting that the decision was only at...

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How much annual leave can be carried over?

How much annual leave can be carried over?

It has been an age since there was an update on holiday pay and annual leave. Full-time employees generally receive 5.6 weeks’ annual holiday. This is made up of a four-week minimum entitlement plus 1.6 weeks’ to reflect our public holidays. The worker may be...

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Employment contracts – new ‘day one’ obligations

Employment contracts – new ‘day one’ obligations

Many employers don’t give enough importance to having an employment contracts.  In April 2020, the law is changing. Apart from giving you a fighting chance of protecting your business and setting out what is expected of your staff, there are direct financial...

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New guidance on managing menopause at work

New guidance on managing menopause at work

The Advisory, Conciliation and Arbitration Service (ACAS) has published new guidance to help employers manage and support the impact of menopause in the workplace. The ACAS guidance highlights some of the common symptoms of perimenopause and menopause and sets out how...

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Asda – what is the employment contract dispute about?

Asda – what is the employment contract dispute about?

The supermarket chain, Asda, is locked in a dispute with around 300 of its staff, who have refused to sign new employment contracts. The supermarket gave its workers until midnight on Saturday to agree to new terms, which include unpaid breaks, changes to night shift...

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When can you suspend an employee?

When can you suspend an employee?

Should you suspend and employee? Sadly, the default reaction of many employers is to suspend the employee – whatever the allegation. In instances of serious misconduct, an employer may wish to suspend the employee under investigation. This may be appropriate, for...

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Dealing with drunk or hungover staff

Dealing with drunk or hungover staff

How should employers deal with staff who attend work suffering the after effects of too much alcohol the night before? It isn’t unknown for some employees to come to work hungover or still drunk. A recent case heard by a regional court in Germany has decided that...

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PSNI discriminated against constable with moustache

PSNI discriminated against constable with moustache

A police constable has won a sex discrimination claim after a Tribunal found the Police Service of Northern Ireland was wrong to transfer him out of his unit for refusing to shave off his moustache. What was the background? In January 2018, the Police Service of...

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Injury to feelings awards – a subjective test

Injury to feelings awards – a subjective test

Injury to feelings - how do Tribunals decide the level of damages in discrimination cases? This was at the centre of the case of Komeng v Creative Support Limited. The Employment Appeal Tribunal decision provides a well-timed reminder that when considering injury to...

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Investigation reports – changing your conclusions

Investigation reports – changing your conclusions

Will changing the conclusion in an investigation report for a disciplinary hearing make the dismissal unfair? This was the issue the Employment Appeal Tribunal had to consider in Dronsfield v The University of Reading. What was the case about? Dr Dronsfield was the...

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Clawing back training costs

Clawing back training costs

It is increasingly common for employers to offer to pay training costs on behalf of employees. But what happens when they leave? Can you get your investment back? Covering training costs In today’s job market, employees are expected to have a greater level of...

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Is vegetarianism a protected characteristic?

Is vegetarianism a protected characteristic?

Is vegetarianism a protected characteristic under the Equality Act 2010? An Employment Tribunal was recently asked in Conisbee v Crossley Farms Limited & Others to consider whether vegetarianism was a “philosophical belief” and so a protected characteristic under...

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Not the Acas Code of Practice

Not the Acas Code of Practice

Hopefully everyone in HR is aware that employees have a right to take either a work colleague or union representative into most grievance and disciplinary hearings. The guidelines are set out in the Acas Code of Practice. There is no mention of clowns. Occasionally,...

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FREE seminar – Getting a workplace investigation right

FREE seminar – Getting a workplace investigation right

It isn't easy being an employer. Carrying out an investigation at work will fill many of you with dread. A properly conducted investigation is key to a fair disciplinary and grievance process - and particularly important where dismissal is a possible outcome. To help...

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Third of flexible working requests are rejected

Third of flexible working requests are rejected

The TUC recently reported  that one in three requests for flexible working are being refused by employers. What are the risks involved by saying ‘no’ to an employee? One in three (30%) requests for flexible working are being turned down.   Flexi-time is...

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Is your employment contract  fit for purpose?

Is your employment contract fit for purpose?

The employment contract is probably the most important document you can give your staff… but costly mistakes are far too common.… especially when using an old template or buying a “one size fits all” contract online. Not updating contracts regularly Employment law is...

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IR35 – what does this mean for your business?

IR35 – what does this mean for your business?

IR35 is tax legislation which was introduced to address a particular kind of tax avoidance - individuals might try to avoid paying income tax and national insurance by supplying their services through a personal service company (a PSC) and paying themselves dividends...

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Disciplinary investigations – going too far

Disciplinary investigations – going too far

It is  basic law that a  fair disciplinary dismissal must include a reasonable disciplinary investigation.  But what is that, exactly?  How much detail must you include in your investigation, how many witnesses must you interview, how far back do you have to go, how...

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Has my union been negligent?

Has my union been negligent?

Some unions and representatives are outstandingly good. However, sometimes you get bad advice and miss the opportunity to enforce your employment rights against your employer. We are often asked if a member can bring a claim against their trade union. It is possible....

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Holiday pay for term-time workers

Holiday pay for term-time workers

Should holiday entitlement for ‘part-year’ workers (such as those working term-time only) be calculated on a pro rata basis? No, said the Court of Appeal in The Harpur Trust v Brazel. What are the facts? The Claimant is a music teacher on a permanent contract but...

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Extended redundancy protection

Extended redundancy protection

Extended redundancy protection for women and new parents. Before making a woman on maternity leave redundant, an employer must offer her a suitable alternative vacancy, where one is available, with the employer or an associated employer.  This gives women on maternity...

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One sided flexibility at work

One sided flexibility at work

The government has launched a consultation on 'one sided flexibility' following recommendations made in the Taylor Review and by the Low Pay Commission. There are an estimated 1.7 million workers in the UK who do not have guaranteed hours and are at risk of having...

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Are you responsible for what your employees post online?

Are you responsible for what your employees post online?

Can an employer be responsible for postings on an employee’s personal social media account? Not in the case of Forbes v LHR Airport Limited. The employer was not legally responsible for the sharing of an offensive post by an employee. Legal background If an act has...

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Covert recordings and misconduct

Covert recordings and misconduct

Is it misconduct for an employee to make a covert recording at work? Yes – except in some very rare circumstances according to the case of Phoenix House Ltd v Stockman The background Mrs Stockman’s case has been running for almost six years.  It addresses many claims...

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Reinstate or re-engage orders – when employers refuse.

Reinstate or re-engage orders – when employers refuse.

Can an unfairly dismissed employee insist they get their job back? Can an employer refuse to reinstate when ordered by the Tribunal? Not in the case of Mackenzie v The University of Cambridge. Dr Mackenzie was unfairly dismissed from her position as a lecturer in the...

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Restrictive covenants and blue pencils

Restrictive covenants and blue pencils

Employment contracts – especially those for senior managers or staff in a customer facing role will often include restrictive covenants – clauses which aim to prevent what the employee can and can’t do once their employment comes to an end. Restrictive covenants can...

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Job offers – changing your mind

Job offers – changing your mind

Part of the recruitment process is for an employer to make an offer to a successful candidate. It can be a long, slow process to find the right person for the job. Sadly, things can go wrong very quickly. If an applicant lies during the recruitment process – by saying...

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Mixing religion and work

Mixing religion and work

Why you shouldn't talk (too much) about religion at work. The Facts: Ms Kuteh was a devoutly committed Christian nurse and clearly thought she was doing the right thing. Her employers disagreed, As a nurse, Ms Kuteh's duties involved filling in pre-operation forms...

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How to get a dismissal wrong

How to get a dismissal wrong

A recent case reminds employers to think carefully about how they deal with the dismissal of employees, even those with less than two years’ service. Ms Otshudi worked for Base Childrenswear Ltd as an in-house photographer. After three months’ employment and without...

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Voluntary overtime and holiday pay

Voluntary overtime and holiday pay

Back in July last year we reported on the case of Flowers v East of England Ambulance Trust in the Employment Appeal Tribunal on the issue of whether to include voluntary overtime in someone’s pay when calculating holiday pay. On a holiday pay claim to the Employment...

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Our next seminar: Social Media – avoiding a HR headache

  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...

A menopause sympathetic workplace?

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....

New day one right to carer’s leave

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...

How not to deal with a flexible working request

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....