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# EmploymentSolicitor.com

Employment law solicitors

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- [Settlement Agreements](https://www.employmentsolicitor.com/settlement-agreements/) - The ultimate guide to settlement agreements Updated 05 November 2025 1. What is a Settlement Agreement? In employment law, a settlement agreement is a binding agreement settling specified employment claims which meets certain statutory conditions, one of which is that employee must be advised by a qualified independent legal adviser, e.g. an employment solicitor. Usually
- [Five things we learnt in employment law this week (18 February 2020)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-18-february-2020/) - 1. A one-off act can amount to a ‘provision, criterion or practice’ provided that it was reasonable to conclude that it would be repeated in the future (Ishola v Transport for London, Court of Appeal). 2. A period of historic illegality in the performance of an employment contract would not prevent an employee from enforcing
- [Top 10 employment law questions](https://www.employmentsolicitor.com/latest/) - Deductions from wages -
- [Employment Tribunal crisis](https://www.employmentsolicitor.com/employment-tribunal-crisis/) - Since the Supreme Court ruled Employment Tribunal fees were unlawful, figures show that the number of claims has doubled. However, employer lawyers warn that the under-resourced Employment Tribunal system is now in a state of collapse. When fees were introduced, claims fell by around 70 per cent. Given the dramatic fall, resources were cut: administration staff
- [Handling a bullying grievance](https://www.employmentsolicitor.com/bullying-grievance-handling/) - Updated: November 2022 Allegations of workplace bullying are difficult for an employer to deal with because bullying can be hard to recognise and define. How employers and HRs can best handle a bullying grievance? What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of
- [Constructive Dismissal](https://www.employmentsolicitor.com/constructive-dismissal/) - UPDATED FOR 2022 - This practical guide is all about constructive dismissal - what it means, case examples and the core elements an employment tribunal will assess when deciding whether a claim should succeed. Contents What is constructive dismissal? What is the timeframe for claiming constructive dismissal?What is a fundamental breach of the employment contract?
- [What are the risks of failing to pay a settlement agreement payment on time?](https://www.employmentsolicitor.com/failing-to-pay-a-settlement-agreement-payment-on-time/) - Q: Late payments: What are the risks to an employer of failing to pay a settlement agreement payment on time? Emma Gray, Managing Associate Solicitor at Linklaters LLP answers... Technically, any late payment is a breach of contract. However, the consequences can vary. In most situations, late payment will not render void the entire agreement or
- [Redundancy and fairness](https://www.employmentsolicitor.com/redundancy/) - Redundancy is one of the potentially fair reasons for dismissal set out within the Employment Rights Act. However, the approach that Employment Tribunals take in analysing claims that arise from redundancy scenarios, can sometimes lead employers to (mistakenly) believe that they are ‘easy’ claims to defend. So, what do HRs need to know? Employment Tribunals
- [Pregnancy risk assessments and medical suspensions: What employers need to know.](https://www.employmentsolicitor.com/pregnancy-risk-assessments-medical-suspensions-employers-need-know/) - All employers are under a duty to protect the health and safety of all their employees, but there are special duties that apply to new and expectant mothers in the work place, writes Stuart Jones, head of employment, pensions and immigration at Weightmans LLP. So what do employers need to know? General Risk Assessment The
- [Lenlyn UK Limited v Kular](https://www.employmentsolicitor.com/lenlyn-uk-limited-v-kular/) - Lenlyn UK Limited v Kular - Appeal No. UKEAT/0108/16/DM EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 20 October 2016 Judgment handed down on 22 November 2016 Before THE HONOURABLE MRS JUSTICE ELISABETH LAING DBE (SITTING ALONE) LENLYN UK LIMITED
- [What HRs need to know about employees rejecting a TUPE transfer](https://www.employmentsolicitor.com/hr-employees-reject-tupe-transfer/) - What happens when an employee rejects a TUPE transfer? Christopher Hitchins, head of the employment practice at Katten Muchin Rosenman UK LLP, looks at what HR practitioners and employers need to know. TUPE’s fundamental principle is that if employees are in scope to transfer, they will transfer automatically on the same terms and conditions, without any
- [How to use a settlement agreement in a collective redundancy situation](https://www.employmentsolicitor.com/how-to-use-a-settlement-agreement-in-a-collective-redundancy-situation/) - Tom Sharpe, a Legal Director, Birketts LLP looks at the dos and don’ts of using settlement agreements in collective situations, and offers some guidance to HR professionals and employers. Managing the requirements of a collective redundancy consultation process can be a complex affair, and the timescales involved are lengthy. As a result, employers implementing such a
- [HR conundrum: I've put the wrong figure in a settlement agreement](https://www.employmentsolicitor.com/mistake-settlement-agreement/) - Q: HR conundrum: I’ve made a mistake. I overstated the Termination Payment in a settlement agreement. It’s been accepted by the employee and signed by both parties. I’ve only now realised when I’ve come to process the payment. The difference is nearly £5,000. What can I do? Chris Brazier, an employment lawyer at B P
- [After the settlement agreement, he badmouthed us on Facebook](https://www.employmentsolicitor.com/settlement-agreement-badmouthed-facebook/) - Question: An employee signed a settlement agreement promising not to say anything derogatory about the business or its directors. A director has discovered the employee has been badmouthing him on Facebook. What can we do? Daniel Wilde, Partner at Harding Evans LLP answers... A settlement agreement will typically include provisions, making any payments due under
- [Are separate copies of documents OK in settlement agreements?](https://www.employmentsolicitor.com/are-separate-copies-of-documents-ok-in-settlement-agreements/) - Q: HR Manager question: is it OK if an employee signs a Settlement Agreement at work and his adviser separately emails a copy of the legal adviser’s certificate? Helen Brooks, Partner at Doyle Clayton answers... Any agreement to settle or waive statutory employment claims (such as unfair dismissal, discrimination etc) will be void unless it is
- [Settlement agreements for Senior Executives (five things HRs should prepare for)](https://www.employmentsolicitor.com/settlement-agreements-for-senior-executives-five-things-hrs-should-prepare-for/) - Settlement agreements are a useful tool to end cleanly the employment of an unwanted senior executive or member of staff, says Jacqueline Kendal, Senior Associate at Rosling King LLP. She suggests the following tips to ensure that you get the most out of them... Start with sensible drafting Most of the time settlement agreements are used when
- [Can a settlement agreement resolve a disciplinary situation?](https://www.employmentsolicitor.com/can-settlement-agreement-resolve-disciplinary-situation/) - Q: We’ve got a disciplinary situation with one of our employees. Can we use a settlement agreement to resolve it and if so, how can we best go about it? Jayne Harrison, Director at Cleggs Solicitors answers... You might want to enter into a settlement agreement with an employee rather than go through disciplinary proceedings to
- [Settlement Agreements – is there another way?](https://www.employmentsolicitor.com/settlement-agreements-advantages-for-employers/) - Settlement Agreements are a useful tool for dealing quickly with poor performing or troublesome employees, says Catherine Greig, Director of Greig Employment Law. But there are pros and cons to consider ... Settlement Agreements are a useful tool for dealing quickly with poor performing or troublesome employees. But should they be an employer’s default position? When
- [I’m pregnant and I don’t feel ‘COVID-19 Secure’ at work, what are my rights?](https://www.employmentsolicitor.com/pregnancy-work-covid19/) - If you’re pregnant you’re naturally going to have concerns about catching the COVID-19 virus. So as the lockdown eases, what happens if your employer refuses to allow you to return from home, but you don’t feel safe enough to return to the workplace? The starting point for this is that all employees are legally entitled
- [Furlough New Government Guidance](https://www.employmentsolicitor.com/furlough-new-government-guidance/) - Nearly three quarters (71.7 per cent) of organisations are now using or are planning to use the government Coronavirus Job Retention Scheme to fund 80 per cent of the pay of furloughed workers, says new research. Typically the scheme is being used to furlough a small proportion of the workforce. Nearly one in three employers
- [The rise of the gig economy - captured in new research](https://www.employmentsolicitor.com/rise-gig-economy-captured-new-research/) - Employers in the US are the number one users of the online gig economy but UK employers are fast catching up. That’s according to researchers from the University of Oxford who have constructed an Online Labour Index to measure the gig economy. The US is one of the biggest users of online platforms for hiring
- [Artificial Intelligence, Robotics and Work](https://www.employmentsolicitor.com/artificial-intelligence-robotics-work/) - Barely a week goes by without a new prediction of the impending impact of technology on today’s jobs. These tend to veer toward the sensational – i.e. “Robots will take most of our jobs” – as that sells more newspapers. But the reality is probably much more nuanced, writes Michael Burd, Chair and Partner of
- [Age discrimination and retirement in the modern workplace](https://www.employmentsolicitor.com/age-discrimination-retirement-modern-workplace/) - The recent case of Professor Paul Ewart highlighting that Oxford University is forcing academics to retire at 67, has brought to the forefront the question of whether an employer can lawfully force an employee to retire at a specific age. Here, Beverley Sunderland, Employment Solicitor, looks at the evidence. When age discrimination was first introduced
- [Bandara v British Broadcasting Corporation](https://www.employmentsolicitor.com/bandara-v-british-broadcasting-corporation/) - Bandara v British Broadcasting Corporation - Appeal No. UKEAT/0335/15/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 9 June 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON (SITTING ALONE) MR C BANDARA
- [Matthew Taylor Review: all work should be fair and new dependent contractor status is needed](https://www.employmentsolicitor.com/matthew-taylor-review-work-fair-new-dependent-contractor-status-needed/) - From it ‘could change how we look at the future of work’ to ‘hardly a game changer’ the Taylor Review is getting a mixed response from politicians, employers and unions. So, what do employment solicitors and HR professionals make of it? Matthew Taylor, chief executive of the RSA thinktank and former head of policy at
- [Does an email about a severance offer constitute a binding contract?](https://www.employmentsolicitor.com/email-severance-offer-constitute-binding-contract/) - Question: A manager has offered an employee a severance deal in an email which has been accepted. The employee is now refusing to sign a settlement agreement and is claiming the emails set out the deal. Any advice? Bryn Doyle, Manchester based employment solicitor, answers... The starting point would be to look at the emails
- [Five things we learnt in employment law this week (2 November 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-2-november-2018/) - Under the NHS Violence Reduction Strategy, which was announced this week, nurses and doctors will be given better protection, as statistics show that more than 15% of NHS staff have been attacked by patients or the public in the last 12 months. 2. A survey has found that a third of UK employers think that
- [London has widest gender pay gap in UK](https://www.employmentsolicitor.com/london-widest-gender-pay-gap-uk/) - London has gone from being the region with the smallest pay gap between men and women to being the region with the widest, according to official figures. The new research from the Office of National Statistics (ONS) shows that since 1997, when the capital had the narrowest gender pay gap, there has been little improvement
- [Meet the employment lawyer: Andrew Secker](https://www.employmentsolicitor.com/employment-lawyer-andrew-secker/) - Name: Andrew Secker Firm: Mills & Reeve Job title: Principal Associate I qualified as a solicitor in 2004 The main areas I cover are ... Over the years, I have covered most aspects of employment law, from tribunal or high court litigation, the employment aspects of IPOs and business sales to director severance. For my sins,
- [Childcare costs wiping out more than half of salaries](https://www.employmentsolicitor.com/childcare-costs-wiping-half-salaries/) - Childcare costs are wiping out more than half of salaries: in some cases, 55% of what parents earn is being spent on childcare, according to new research. Perhaps unsurprisingly, London is the most expensive place to pay for childcare. In the capital childcare costs average £1,383 a month. That's almost £600 a month more than
- [How to deal with a pregnancy harassment grievance...](https://www.employmentsolicitor.com/deal-pregnancy-harassment-grievance/) - Q: A line manager (Susan) has made negative comments about a pregnant employee (Charlotte), saying she’s useless in her state and is dragging the team’s performance down. The manager’s bonus is determined by team performance. The pregnant employee has been with us for five years and her sales figures have massively dropped (50% of normal).
- [Tribunal says Hermes couriers are workers not self-employed](https://www.employmentsolicitor.com/tribunal-hermes-couriers-workers/) - An employment tribunal in Leeds has ruled that a group of Hermes couriers are workers, not self-employed. The ruling means that the 65 workers who brought the claim are entitled to receive the national minimum wage and holiday pay. It's the latest legal triumph in the battle against bogus self employment, says the GMB union.
- [Meet the employment lawyer: Tom Moyes](https://www.employmentsolicitor.com/employment-lawyer-leeds-tom-moyes/) - Name: Tom Moyes Firm: Blacks Solicitors LLP Job title: Partner in Employment Law I qualified as a solicitor in 2009. The main areas that I cover are ... I advise purely on employment law and HR issues. I wanted to be an employment solicitor because ... While I was studying for a Masters in Law
- [What happens if an employee becomes fit to return at the appeal stage of an ill-health dismissal?](https://www.employmentsolicitor.com/happens-employee-becomes-fit-return-appeal-stage-ill-health-dismissal/) - Q: An employee has reached the appeal stage of an ill-health dismissal and now we've been told they are fit to return to work. If we still dismiss them can they bring a claim for discrimination? Robert Whitaker, Partner and Head of Business and Employment at Tees, answers... Summary In the case of O’Brien v
- [Demotion: Five things employers need to know.](https://www.employmentsolicitor.com/demotion-five-things-employers-need-know/) - Demoting an employee can seem a more attractive option than going down the disciplinary or performance route (and potentially terminating his or her employment). But it is not without its legal risks. So, before you consider demotion, here's exactly what you need to know. Demotion is often approached by employers and HR professionals with a
- [Constructive Dismissal: key principles and leading cases](https://www.employmentsolicitor.com/constructive-dismissal-key-principles-leading-cases/) - A constructive dismissal, in accordance with s. 95(1)(c) ERA 1996, is one where the employer has not dismissed the employee, but the employee has terminated his employment with, or without notice, in circumstances where they were entitled to do so by virtue of the employer’s conduct, writes Alan Lewis, employment partner at Irwin Mitchell. The
- [Five things we learnt in employment law (17 January 2020)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-17-january-2020/) - Five things we learnt in employment law this week Samira Ahmed has won an equal pay claim against the BBC. The BBC could not justify why she was paid considerably less than Jeremy Vine for presenting a similar programme. 2. Managers should encourage time for non-work chats as part of maintaining a productive team with
- [Employment Tribunal hears case of sacked ethical vegan](https://www.employmentsolicitor.com/employment-tribunal-hears-case-of-sacked-ethical-vegan/) - As Veganuary kicks off this week so does a case in the Employment Tribunal, which examines whether ethical veganism is a protected philosophical belief, and therefore entitles ethical vegans to protection from discrimination. The hearing, which starts on 2 January 2020 at Norwich Employment Tribunal, involves claimant Jordi Casamitjana, who says he was sacked by
- [Five things we learnt in employment law (2 January 2020)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-2-january-2020/) - A hearing begins today (2 January) in Norwich Employment Tribunal to determine whether veganism is a “philosophical or religious belief” and protected in law. A woman who lost her job after tweeting that transgender women cannot change their biological sex has lost at a Preliminary Hearing after the Tribunal Judge found that her view could
- [Five things we learnt in employment law this week (10 December 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-10-december-2019/) - 1. A university worker has lost their job after an email autocorrected a colleague’s name to “hash brown”. 2. A study has found that disabled workers are paid on average 12% less than those without impairments, equivalent to £1.48 an hour. 3. A BAME soldier who was mistaken for the only other BAME sergeant in
- [Women should have "right to know" what male colleagues earn](https://www.employmentsolicitor.com/women-should-have-right-to-know-what-male-colleagues-earn/) - Despite the fact it’s nearly half a century since the Equal Pay Act, equal pay for equal work is still a “distant dream” for many women, according to The Fawcett Society. The charity’s new report ‘Why Women Need a Right to Know’ calls for a change in law to give women a “Right to Know”
- [Five things we learnt in employment law this week (7 November 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-7-november-2019/) - Mothercare has announced plans to put its UK operations into administration, putting 2,500 jobs at risk with the closure of around 20 stores. This comes after a recorded £36.3m loss in the financial year to March. 2. The EAT has determined that £500+VAT was not enough for an employee to take full advice on settling
- [Over 141m working days lost, due to sickness or injury](https://www.employmentsolicitor.com/over-141m-working-days-lost-due-to-sickness-or-injury/) - An estimated 141.4 million working days – or 4.4 days per worker – are lost each year because of sickness or injury in the UK, according to official figures. New research from the Office for National Statistics shows that groups with the highest rates of sickness absence are women, older workers, those with long-term health
- [Five things we learned in employment law this week (29 October 2019)](https://www.employmentsolicitor.com/five-things-we-learned-in-employment-law-this-week-29-october-2019/) - The Court of Appeal has upheld the decision of an Employment Judge to strike out parts of a Tribunal claim on the basis that it referred to an email which attracted legal advice privilege. The employer was seeking advice on whether the claimant might be either offered voluntary severance or dismissed on the grounds of
- [Five things we learnt in employment law this week (22 October 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-22-october-2019/) - As part of the Queen’s speech, the government has reiterated its commitment to the Good Work Plan. However, no new legislation has been proposed. The Supreme Court has ruled that Judges and other non-contractual office holders are protected if they blow the whistle, but they cannot be classified as “workers”. A recent survey has
- [Gender pay gap kicks in by late 20s](https://www.employmentsolicitor.com/news-gender-pay-gap-gov-report/) - There is very little difference between the wages of men and women when they enter the workplace. However, by the time people are in their late 20s and early 30s, the gender pay gap kicks in. This is the point when women’s pay progression tends to plateau, while men’s pay continues to climb steadily higher.
- [20 Questions HR Wants Answers to on Race Discrimination](https://www.employmentsolicitor.com/20-questions-hr-wants-answers-to-on-race-discrimination/) - 20 questions HR wants answers to on race discrimination By Paul McFarlane In 20 questions HR wants answers to on race discrimination, Paul McFarlane (Chambers & Partners Minority Lawyer of the Year 2019) provides up-to-date, practical measures for HRs and employers to tackle racism in the workplace. From unconscious bias, to positive discrimination and
- [Channel 4 launches dedicated menopause policy](https://www.employmentsolicitor.com/channel-4-launches-dedicated-menopause-policy/) - From paid leave to flexible working to dedicated quiet, cool places to work, Channel 4 has launched its first-ever dedicated menopause policy for its staff. To coincide with World Menopause Day (October 18), the policy is thought to be the first of its kind among UK media companies. It is designed to support employees experiencing
- [Older workers twice as likely to be recruited](https://www.employmentsolicitor.com/older-workers-twice-as-likely-to-be-recruited/) - Older workers are twice as likely to be recruited by business owners in the UK than younger candidates with the same skills and experience, says a new study. The research says that more than a third of SME business owners (the study surveyed 1,000 SME business owners) would sooner recruit a 55-year-old worker than a
- [UK workers at breaking point](https://www.employmentsolicitor.com/uk-workers-at-breaking-point/) - Four in ten working adults in the UK are close to breaking point at work, according to a new piece of research. The study, which polled 2,000 professionals working across multiple sectors in the UK found that the average working adult feels stressed for almost a third of their entire working day. Employees lose as many as
- [BAME academics paid less than white colleagues](https://www.employmentsolicitor.com/bame-academics-paid-less-than-white-colleagues/) - Black and minority ethnic (BAME) academic staff at UK universities are paid less than their white counterparts, according to new research. Not only is there a significant pay gap – 9% for BAME staff, compared with their white colleagues, and a 14% gap for black staff – BAME staff are also considerably less likely to
- [Five things we learnt in employment law this week (14 October 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-14-october-2019/) - A manager who lied about the true reason for an employee’s dismissal, in order to avoid confrontation, was found to have discriminated against her on the grounds of race. The fact that the manager had concealed the truth was enough to shift the burden of proof to the respondent (Court of Appeal, Base Childrenswear v
- [Five things we learnt in employment law (2 September 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-2-september-2019/) - A transgender journalist has lost a discrimination claim against a well-known newspaper after a Judge found that the journalist’s redundancy was not as a result of being a trans-woman. A Financial Conduct Authority employee who was given a poor appraisal score because of his performance, which was hindered by a kidney disease, has won a
- [Five things we learnt in employment law this week (5 August 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-5-august-2019/) - The UK’s biggest equal pay case will be considered by the Supreme Court who will determine whether shop floor workers at ASDA are comparable to workers in the distribution centres for the purposes of equal pay. A report published by the Women and Equalities committee has recommended that the burden of proof in discrimination cases
- [Five things we learnt in employment law this week (24 June 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-24-june-2019/) - 1. In the case of a worker on long-term sick leave, carry-over of unused holiday can be limited to the minimum four weeks prescribed by the Working Time Directive (Advocate General’s opinion, TSN v Hyvinvointialan) 2. The Employment Appeal Tribunal has held that it was not harassment to suspend a teacher who could only write
- [Five things we learnt about employment law this week (17 June 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-about-employment-law-this-week-17-june-2019/) - An employer did not infringe an employee’s human rights by using material from his phone, which had previously been seized by the Police, during a disciplinary investigation. The employee could have no reasonable expectation of privacy in malicious emails sent to colleagues (European Court of Human Rights, Garamukanwa v United Kingdom). 2. Regular voluntary overtime
- [Five things we learnt in employment law this week (3 June 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-3-june-2019/) - The Court of Appeal has ruled that it is not discriminatory to pay men on Shared Parental Leave less than an enhanced rate paid to women who are on maternity leave. (Ali v Capita Customer Management Ltd and Chief Constable of Leicestershire v Hextall) 2. Comments made by a witness under cross-examination at a preliminary
- [Five things we learnt in employment law this week (17 May 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-17-may-2019/) - 1. A study has found that solicitors are more likely to be bullied by their colleagues than individuals within other sectors 2. The Court of Appeal has held that it was fair to dismiss a nurse who was found to be improperly proselytising patients, despite being told by management to refrain from doing so. (Kuteh
- [Five things we learnt in employment law this week (3 May 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-3-may-2019/) - 1. A study by Total Jobs found that 76% of UK workers want physical contact, such as hugs, to be reduced in the workplace. 2. An employee has won a racial harassment claim after inappropriate and derogatory words were encouraged in an Equality and Diversity training session. 3. Research has highlighted that nearly half of
- [Five things we learnt in employment law this Easter (20 April 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-easter-20-april-2019/) - The EAT has held that receptionists who were on call from evening to morning were not working “on time work” and therefore not entitled to be paid whilst merely on call. (Frudd v Partington Group) 2. From 1 April 2019, NHS updated its terms to state that shared parental leave would be paid at an
- [Five things we learnt in employment law this week (25 March 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-25-march-2019/) - The EAT has held that where a claimant has a mistaken belief about their disability, unfavourable treatment will not arise where the employer acts in the employee’s best interests and where there is no link between the disability and the alleged treatment. (iForce v Wood) 2. A chef who was told to get out of
- [Five things we learnt in employment law this week (March 8 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-march-8-2019/) - The Court of Appeal has held that, where a ‘special case’ worker is unable to take an uninterrupted rest break, the employer does not have to provide an uninterrupted compensatory rest break, provided that the worker does receive breaks which, in aggregate amount to at least 20 minutes. (Network Rail Infrastructure Limited v Crawford) 2.
- [Five things we learnt in employment law this week (25 February 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-25-february-2019/) - A prison officer who suffered a campaign of discrimination and harassment due to his sexuality (including being physically assaulted, squirted with water, and his colleagues scratching his face) has won his unfair dismissal and discrimination claim in the Employment Tribunal. 2. Almost one in five disabled workers have had a job offer withdrawn, and two
- [Five things we learnt in employment law this week (15 February 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-15-february-2019/) - The EAT has found that it was not direct religious discrimination to dismiss a teacher at an ultra-orthodox Jewish nursey who refused to lie about cohabitation, which did not conform to the beliefs of the nursery owners. (Gan Menachem v de Groen) 2. The Department for Business, Energy and Industrial Strategy has published guidance on
- [Five things we learnt in employment law this week (11 February 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-11-february-2019/) - Female Asda store workers can compare themselves with male depot employees for the purposes of an equal pay claim, despite working at completely different sites. The Court of Appeal was satisfied that Asda’s executive board was ultimately responsible for setting terms and conditions of both. A tribunal will now consider whether the male and female
- [Five things we learnt in employment law this week (1 February 2019)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-1-february-2019/) - The Supreme Court has ruled that two aspects of the criminal conviction disclosure scheme are unlawful: the requirement to separate each offence into a separate certificate (which could lead to an exaggerated sense of a person’s propensity to offend) and warnings and reprimands issued to young offenders (R (On the application of P) v Secretary
- [Five things we learnt in employment law this week (January 21 2019)](https://www.employmentsolicitor.com/employment-law-five-things-january-2019/) - The EAT has ruled that a comment by an Employment Judge to a barrister that there was no need to lie, after mishearing the representative, did not amount to bias. (Balakumar v Imperial College of Health Care NHS Trusts) 2. A fellowship in Oxford that was previously female only has been forced to include men
- [Five things we learnt in employment law this week (8 December 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-8-december-2018/) - Employment Tribunals are not bound to follow an agreed list of issues when determining cases. They must decide cases in accordance with the law as it applies to the evidence. (Employment Appeal Tribunal, Saha v Capita plc). 2. An Employment Tribunal will decide whether veganism constitutes a "philosophical belief" under the Equality Act 2010. The
- [Is veganism a "philosophical belief" that should be protected by law?](https://www.employmentsolicitor.com/veganism-philosophical-belief-protected-chracteristic/) - An employment tribunal is being asked to decide whether veganism is a "philosophical belief" and therefore, should be protected by law. The landmark case, which is listed for March 2019, will help determine whether veganism is a "philosophical belief" and therefore, should be legally protected. The case concerns Jordi Casamitjana, who says he was sacked
- [Five things we learnt in employment law this week (30 November 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-30-november-2018/) - An employer cannot lawfully terminate a contract of employment on the grounds of ill-health if the effect of doing so would be to deprive the employee of an entitlement to long-term contractual disability benefits. (EAT, Awan v ICTS UK Ltd) 2. Research has found that female university graduates earned almost three times more than those
- [Five things we learnt in employment law this week (23 November 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-23-november-2018/) - A worker whose disability (PTSD) manifested itself in a tendency to steal was not discriminated against. The Tribunal rejected his claim that his PTSD led to forgetfulness and found that he had been dishonest. (EAT, Wood v Durham County Council). 2. A bus driver who was dismissed for testing positive for cocaine has been awarded
- [Five things we learnt in employment law this week (16 November 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-16-november-2018/) - 1. The Employment Appeal Tribunal has upheld the decision that Addison Lee drivers are workers. 2. In an equal pay claim, a worker remains in a 'stable working relationship' notwithstanding successive promotions and the time limit for bringing a claim therefore didn't start to run upon promotion. (Barnard v Hampshire Fire & Rescue, Employment Appeal
- [EAT confirms Addison Lee drivers are entitled to workers' rights](https://www.employmentsolicitor.com/eat-decision-workers-rights/) - Taxi drivers with Addison Lee are legally entitled to the national minimum wage and holiday pay rights, confirms the Employment Appeal Tribunal (EAT). The EAT has rejected the arguments that the ‘gig-economy’ drivers are self-employed contractors running their own businesses, reports the union GMB. It has confirmed the original Employment Tribunal’s decision last year that
- [Appoint more women leaders, urges new report](https://www.employmentsolicitor.com/appoint-more-women-leaders-urges-new-report/) - Almost one in four companies in the FTSE 350 have only one woman on their board, and there are still five all-male boards, according to new research, published today. The Hampton-Alexander Review’s 2018 report reveals the top 100 companies which make up the FTSE 100 index are on track to hit the target of women holding one
- [A third of workers don't know pay discrimination is illegal](https://www.employmentsolicitor.com/law-equal-pay-discrimination/) - A third of women and men in work don’t realise that pay discrimination is illegal, according to new research by The Fawcett Society. The research, launched ahead of Equal Pay Day (on 10 November), coincides with further campaigns on the gender pay gap, such as the Women’s Equality Party out-of-office campaign. According to the research
- [Five things we learnt in employment law this week (9 November 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-9-november-2018/) - A worker who doesn't seek to take all their minimum holiday before the end of the year can carry forward the untaken leave unless the employer can show that it encouraged the worker to take that holiday. (Court of Justice of the European Union, Kreuziger v Berlin and Max-Planck-Gesellschaft v Simizu). 2. The Government has
- [Want to inspire and engage your clients (and win new business?)](https://www.employmentsolicitor.com/editorial-copywriting-employment-lawyers/) - Do you struggle to find time to write client newsletters? Want to boost your brand profile and position yourself as an expert? Have you got engaging ideas but you’re not sure how to pitch them? In today’s fast-moving, digital world, it can be tough to get noticed. But clients want quick, accessible updates and journalists
- [Five things we learnt in employment law this week (26 October 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-26-october-2018/) - 1. The Court of Appeal has upheld an earlier finding that Morrison Supermarkets are vicariously liable for an employee's criminal disclosure of employee data (Wm Morrison Supermarkets plc v Various Claimants). 2. The time limit for appealing to the EAT starts to run from the date the judgment is sent to the parties, even when
- [Five things we learnt in employment law this week (12 October 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-12-october-2018/) - The Supreme Court has held that the owners of a bakery were not discriminatory when they refused to bake a cake with the slogan "Support Gay Marriage". Gay marriage is supported by people of all sexualities and the bakers would have refused to bake the cake regardless of the sexuality of the customer (Lee v
- [Five things we learnt in employment law this week (5 October 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-5-october-2018/) - The Employment Appeal Tribunal has held that an employee stating "I give one month's notice" was not a resignation, but rather notice to transfer to another department within the company. Her dismissal was therefore found to be unfair. [Levy v East Kent Hospitals University NHS Foundation Trust]. 2. The Court of Appeal has held that
- [Five things we learnt in employment law this week (21 September 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-21-september-2018/) - A resignation in anticipation of a new job with the same employer was not a resignation from that employer's employment. (East Kent Hospitals University NHS Foundation Trust v Levy, EAT). 2. An employer was found not to have constructive knowledge of the health condition of an employee who had consistently failed to disclose its existence.
- [Five things we learnt in employment law this week (14 September 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-14-september-2018/) - The total number of Employment Tribunal claims lodged in the three months between April and June tripled, according to recent figures. 2. The UK Government has announced that it has cancelled proposals to abolish Class 2 National Insurance contributions for self-employed workers. The proposal was set to save self-employed workers thousands of pounds. 3. A
- [Sexual harassment allegations: how can employers get the balance right?](https://www.employmentsolicitor.com/sexual-harassment-allegations-law/) - As the #MeToo campaign continues to give workers the courage to bring sexual harassment claims, employers are under more scrutiny than ever before. Charlie Thompson, Associate at Harbottle & Lewis LLP, looks at what do employers need to know. The high-profile stories of the last 12 months have increased the public’s consciousness of sexual harassment and
- [Five things we learnt in employment law this week (10 September 2018)](https://www.employmentsolicitor.com/five-things-employment-law-10-september-2018/) - Two dental nurses have been awarded £16,000 in compensation for unfair dismissal and indirect sex discrimination after it was alleged their employer 'didn't want any part time workers' and the nurses were unable work full time due to having young children. 2. On a related note, research has found that employers are still asking prospective
- [Employment contracts: what employers need to know](https://www.employmentsolicitor.com/employment-contract-law-unsigned/) - If an employee has refused to sign an employment contract, does that mean the terms are invalid? Katie Mahoney, Senior Associate at Doyle Clayton, looks at the recent case of Tenon FM Limited v Cawley to see what employers can learn from it. Although there is no legal requirement for employment contracts to be signed (as acceptance
- [Five things we learnt in employment law this week (24 August 2018)](https://www.employmentsolicitor.com/five-things-employment-law-week-24-august-2018/) - A five-month suspension of the activities of an undertaking did not prevent a TUPE transfer occurring upon the appointment of a new provider (Colino Siguenza v Ayuntamiento de Valladolid, Court of Justice of the European Union). 2. An employee who resigned with a lengthy notice period was found to have affirmed her contract in spite
- [Five things we learnt in employment law this week (August 3 2018)](https://www.employmentsolicitor.com/five-things-employment-law-august-3-2018/) - It was reasonable for an acquittal on a rape charge to be included in a mini-cab driver's enhanced DBS check, although the court was critical of the practice of including acquittal information generally. (Supreme Court in R v Chief Constable of Greater Manchester Police). 2. The EAT has suggested that it is likely to be
- [Five things we learnt in employment law this week (July 31)](https://www.employmentsolicitor.com/five-things-employment-law-july-31/) - The Supreme Court has found that a Police Commissioner did not owe a duty of care to protect individual officers from risk of reputational harm when settling a claim by someone alleging violence by those officers. (James-Bowen v Commissioner of Police of the Metropolis.) 2. Time will not be extended for filing an EAT appeal
- [Five things we learnt in employment law this week (20 July 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-20-july-2018/) - The Court of Appeal has allowed the appeal by Mencap and stated that workers should not be entitled to be paid for hours when they sleep at their workplace (Royal Mencap Society v Tomlinson-Blake). 2. A successful appeal against dismissal revokes that dismissal but failure to address all the grounds of appeal could be a
- [Court of Appeal reverses sleep-in shift back pay decision](https://www.employmentsolicitor.com/sleep-in-shifts-ruling/) - The Court of Appeal has reversed the £400m minimum wage back-pay bill to care providers. This means only the hours spent awake on sleep-in shifts counts as worked. The courts have been grappling with the decision as to whether shift workers were entitled to the National Minimum Wage for the whole shift or just the
- [GDPR: Managing staff incapacity and health information](https://www.employmentsolicitor.com/gdpr-managing-staff-incapacity-health/) - The initial implementation of GDPR has (hopefully) been put into place, says Helen Hall, Legal Director of DLA Piper. However, GDPR is not a one-off tick box exercise. And one of the more challenging HR data areas is managing staff incapacity given the use of health information. So, what do you need to know? Compliance
- [Five things we learnt in employment law this week (29 June 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-29-june-2018/) - A Tribunal has found that a museum was discriminatory when it made an employee redundant, and withdrew her application for a new role, shortly after finding out she was pregnant (Savvides v British Museum). 2. ACAS has produced a new guidance note on overtime, which details the various types of overtime, as well as working
- [Five things we learnt in employment law this week (22 June 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-22-june-2018/) - A Tribunal should look at all the circumstances in which an allegation – or statement of position – is made when determining whether it can amounted to a protected disclosure (Kilraine v London Borough of Wandsworth, Court of Appeal) 2. The Home Office has published further details of its proposed settled status application scheme for
- [Five things we learnt in employment law this week (June 15 2018)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-this-week-june-15-2018/) - The Supreme Court dismissed Pimlico Plumbers' appeal against earlier findings that plumbers were workers (and employees for Equality Act purposes) (Pimlico Plumbers Ltd & Mullins v Smith). 2. A trade union official who disclosed confidential information was automatically unfairly dismissed because his use of that material was in the course of carrying out trade union
- [Supreme Court unanimously rules against Pimlico Plumbers Ltd](https://www.employmentsolicitor.com/supreme-court-unanimously-rules-against-pimlico-plumbers-ltd/) - The Supreme Court has unanimously dismissed the appeal by Pimlico Plumbers in its landmark gig economy case. The highest court in the land decided that the tribunal was entitled to conclude that Mr Smith (the plumber in the legal action) qualified as a ‘worker’ under s.230(3)(b) of the Employment Rights Act 1996 (and by analogy
- [HR factsheet: family friendly working](https://www.employmentsolicitor.com/hr-factsheet-family-friendly-flexible-working/) - From shared parental leave to working from home, Kirsty Ayre, a Partner at Irwin Mitchell, looks at five things employers need to know about family friendly working ... 1. New parents can share up to 50 weeks’ leave between them It’s not just women who can take up to 12 months off when they have a
- [Wage growth slows while unemployment rate remains record low](https://www.employmentsolicitor.com/wage-growth-slows-economy/) - Women taking part-time jobs accounts for the biggest proportion of new jobs in the last year, according to new figures. This has boosted the female employment rate to a record high of 71.3%, says the Office for National Statistics (ONS), compared to 80% for men. Overall, however, while the economy continues to create new jobs,
- [Meet the employment lawyer: Melanie Lane](https://www.employmentsolicitor.com/employment-lawyer-melanie-lane/) - Name: Melanie Lane. Firm: CMS Cameron McKenna Nabarro Olswang LLP. Job title: Partner, Co-Head of UK Employment Team. I qualified as a solicitor in ... 1999. The main areas I cover are ... Contentious and non-contentious employment law, with particular expertise in global business reorganisations and outsourcings. I decided I wanted to be an employment
- [Meet the employment lawyer: Sajida Hussain](https://www.employmentsolicitor.com/meet-the-employment-lawyer-sajida-hussain/) - Name: Sajida Hussain Firm: DAC Beachcroft LLP Job title: Associate I qualified as a solicitor in 2010 The main areas I cover are ... Strategic advice, which includes reviewing and re-drafting HR policies and contracts; TUPE advice; and management of various HR process which include disciplinary hearings, sickness absence and capability processes. Business immigration which
- [Careers: What's it like being an employment lawyer?](https://www.employmentsolicitor.com/career-law-employment-solicitor/) - From the gig economy to the #MeToo campaign, employment law is rarely out of the news. But while it's already a fast-paced area of law, it’s set to see sweeping changes over the coming years. The graduates of 2018, will have to help employers and employees meet the challenges of Brexit, let alone adapt to
- [Meet the employment lawyer: Catherine Greig](https://www.employmentsolicitor.com/meet-employment-lawyer-glasgow/) - Name: Catherine Greig Firm: Greig Employment Law Job title: Director and Owner Qualified as a solicitor in: 1992 Covers: all areas of employment law. I decided I wanted to be an employment solicitor when ... I was working in a very busy civil court practice. You never knew what would land
- [How to score a wellbeing goal](https://www.employmentsolicitor.com/employment-law-wellbeing-world-cup/) - Major sporting events, such as the Football World Cup, can offer entertainment and conversation for employees. If handled well, these events can have a positive impact in the workplace. So, with the 2018 World Cup kicking off on 14 June, Tom Moyes, a Partner at Blacks Solicitors, looks at how employers can score a workplace
- [Whistleblowing couriers launch legal claim against Amazon](https://www.employmentsolicitor.com/whistleblowing-couriers-legal-claim-amazon/) - Whistleblowing delivery drivers are taking legal action against Amazon on the charge of bogus self-employment. The latest gig-economy case involves claimants who all worked as couriers, delivering parcels for Amazon. GMB, the union representing the couriers say they were employees and the companies they worked for (UK delivery contractors) used a ‘bogus self- employment model’
- [Five things we learnt in employment law this week (1 June 2018)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-1-june-2018/) - A trade union has been found vicariously liable for the discriminatory conduct of two of its workplace union officials (Unite the Union v Nailard, Court of Appeal) 2. Pupil barristers are set to receive at least the National Living Wage, following a recommendation by the Bar Council. 3. A recent study found that 6% of
- [Five things we learnt in employment law this week (25 May 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-25-may-2018/) - The EAT has held that a tribunal was correct in upholding a dismissal for multiple separate issues, none of which alone constituted gross misconduct. (Mbubaegbu v Homerton University Hospital). 2. In case you missed it, the GDPR is now in force! 3. A Canadian national who worked in Scotland claims she was subject to daily
- [Meet the employment lawyer: Christopher Hitchins](https://www.employmentsolicitor.com/meet-the-employment-lawyer-christopher-hitchins/) - Name: Christopher Hitchins Firm: Katten Muchin Rosenman UK LLP Job title: Partner, Head of Employment Qualified as a solicitor: 1999 The main areas I cover are ... Managing disputes and exits, solving complex workplace problems, drafting and advising on employment documentation as well as (currently) a lot of GDPR-compliance work. I provide a highly personal service
- [Five mistakes not to make when it comes to pay](https://www.employmentsolicitor.com/5-pay-mistakes-caerphilly-council/) - The recent scandal at Caerphilly Council has taught a valuable lesson to employers: be on the ball when it comes to your employees’ pay, or risk paying a far higher price. Fflur Jones, Partner, at Darwin Gray LLP takes a look at the case. We heard last month that Caerphilly CBC is now set to incur
- [Five things we learnt in employment law this week (18 May 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-18-may-2018/) - Where a contract contains a clause, which requires any variation to be written and signed, an oral variation is ineffective. An important reminder to commit variations of contract to writing. (Rock Advertising v MWB Business Exchange Centres, Supreme Court). 2. In an "arising from disability" discrimination claim, it is not necessary for an employer to
- [Latest: new government guidance on dress codes](https://www.employmentsolicitor.com/latest-new-government-guidance-on-dress-codes/) - The government has published its new guidance: Dress codes and sex discrimination – what you need to know. It covers: setting a workplace dress code – your responsibilities as an employer; reasonable adjustments for disabled employees; transgender staff and dress codes and religious symbols. The document points out that: "It is best to avoid gender
- [How to avoid black hair bias](https://www.employmentsolicitor.com/black-hair-bias-employment/) - As the government publishes new guidelines on dress codes, Natasha Adom, Senior Counsel at GQ Employment Law LLP, looks at the pressing issue of black hair bias. A case has hit the headlines in the US, which involves a company reportedly rescinded the job offer it had made to a black female candidate because she refused to cut off her dreadlocks. Chastity Jones was offered a role
- [1970s employment laws! The comeback?](https://www.employmentsolicitor.com/employment-law-1970s-abba/) - Abba is back! The Swedish four-piece has a comeback tour is planned for next year (grab your sparkly boots!). The last time the band toured was in 1979, which got us thinking. What employment laws and landmark cases were around back then? What was good and bad in your typical British workplace? And if you
- [Strong growth in the demand for labour, says new study](https://www.employmentsolicitor.com/news-strong-growth-labour-market/) - There will be strong growth in the demand for labour in the second quarter of 2018, according to new research published today. The Labour Market Outlook from the CIPD and The Adecco Group shows that employers’ near-term employment expectations have risen to a five-year high. During the past three months, the net employment balance –
- [Mental health first aiders: an employment lawyers view](https://www.employmentsolicitor.com/mental-health-first-aiders-an-employment-lawyers-view/) - As we start Mental Health Awareness week, Elizabeth Judson, Associate and Head of Employment at Jolliffe & Co LLP, tells us what it's like to be a mental health first aider. She discusses how the scheme can not only boost wellbeing but potentially save lives. Mental health first aid training courses (‘MHFA’) came to England
- [Five things we learnt in employment law (11 May 2018)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-11-may-2018/) - A former CEO of Age UK has lost an unfair dismissal claim. The ex-employee was dismissed for gross misconduct in 2016 after a CQC report on the home which she managed was poor. The Tribunal found the dismissal to be fair. 2. HMRC has released figures which show more than 200,000 workers did not receive
- [New salaried Judges is a "welcome move" say lawyers](https://www.employmentsolicitor.com/employment-law-new-tribunal-judges/) - The news that the Ministry of Justice is appointing 54 new salaried Judges for employment tribunals across England and Wales has been welcomed by lawyers. Vacancies are across all regions in England and Wales, and open to anyone with five years post qualification legal experience as: a solicitor or barrister in England and Wales; a
- [Tweets of the week (11 May 2018)](https://www.employmentsolicitor.com/ukemplaw-tweets-11-may-2018/) - From the gender pay gap and long working hours to love contracts, there was plenty of Twitter chat this week. Here’s our round-up ... Which countries are slogging their guts out? Interesting to see South Korea reducing its maximum working hours from 68 hours to 52 hours per week. #UKEmpLaw #WorkingTime #Karoshi https://t.co/eF221cRww7 Important day
- [Meet the employment lawyer: David Whincup](https://www.employmentsolicitor.com/employment-lawyer-david-whincup/) - Name: David Whincup Firm: Squire Patton Boggs (UK) LLP Job title: Partner, Head of London Labour & Employment I qualified as a solicitor in … A state of some trepidation in 1986. The main areas I cover are … Litigation and internal workplace grievances and other disputes, with a growing sideline in mediations and investigations.
- [Stress levels soar but fewer employers tackle cause](https://www.employmentsolicitor.com/stress-fewer-employers-tackle-cause/) - Levels of ‘presenteeism’ have more than tripled since 2010 but fewer employers are taking steps to tackle it, according to a new report. Increased presenteeism is associated with increases in mental health conditions and stress-related absence. Despite this, the number of organisations taking steps to tackle presenteeism has halved in the last two years (25%
- [Gay cake case goes to the Supreme Court](https://www.employmentsolicitor.com/gay-cake-supreme-court/) - The so-called gay cake case (Lee (Respondents) v Ashers Baking Company Ltd and others (Appellants) (Northern Ireland) gets its hearing in the Supreme Court today. You can watch live here. The background: Ashers bakery (Ashers Baking Company Ltd) advertised a service to decorate a cake with any design. Gareth Lee wanted a cake for an event
- [Tweets of the week (27 April 2018)](https://www.employmentsolicitor.com/ukemplaw-tweets-week-27-april-2018/) - From to the crisis in the employment tribunals to the gender pay gap and zero hours contracts, #ukemplaw is as busy as ever. Here's our round-up of this week's best tweets. Tribunals in crisis as claims surge https://t.co/lUJYV4wdwW — Times Law (@TimesLaw) April 24, 2018 We did a Freedom of Information Act request to
- [Loneliness goes hand-in-hand with unemployment](https://www.employmentsolicitor.com/wellbeing-loneliness-employment/) - Lonely young adults are more likely to experience mental health problems and be out of work than their peers, finds a new study. The research, by King’s College London, found that one in five people in the loneliest ten per cent of a new study were not in education, employment or training, compared to one
- [Time-limited gender equality quotas needed, say campaigners](https://www.employmentsolicitor.com/time-limited-gender-equality-quotas-needed-say-campaigners/) - Men dominate positions of power in every sector, say equality campaigners, as a new report is published showing the stark and shocking lack of equality in Britain in 2018. The new research from gender equality charity the Fawcett Society reveals that women make up just six per cent of FTSE 100 CEOs, 26% of cabinet
- [Five things we learnt in employment law this week (20 April 2018)](https://www.employmentsolicitor.com/five-things-employment-law-20-april-2018/) - A former employee of Tesco has failed in an unfair dismissal claim after the Tribunal found that the employer held a reasonable investigation into potential theft. The ex-employee's till was constantly down and CCTV showed her put something in her pocket. 2. A survey has found that only 40% of workers are satisfied with the
- [Subject Access Requests under the GDPR](https://www.employmentsolicitor.com/subject-access-requests-gdpr/) - Often employees wish to see a copy of the personal data that their employer holds about them. So, what does that mean when it comes to GDPR? Zoe Parker, employment solicitor at Zoe Parker at Prettys takes a look. Currently, under the Data Protection Act 1998 (the “DPA”), individuals including an organisation’s former or current employees,
- [Crisis in the tribunals: the government must act](https://www.employmentsolicitor.com/crisis-employment-tribunals-government/) - The employment tribunal system is in crisis and the government must act now to avoid a meltdown, lawyers say. New figures show that the Supreme Court’s decision to abolish tribunal fees in July last year has led to a dramatic rise in claims. However, this has put the system under “intense strain” according to employment
- [Brighter news for British workers, as wages (slightly) increase](https://www.employmentsolicitor.com/employment-rises-wages-increase/) - Britain’s employment rate has hit 75.4%, the highest since records began in 1971, as economists predict the end of the pay squeeze. According to official figures from the Labour Force Survey, published today, the number of people in work has increased. There are now 32.26 million people in work, 427,000 more than a year ago.
- [Transgender employees: common mistakes employers make (and how to avoid them)](https://www.employmentsolicitor.com/transgender-employees-common-mistakes-employers-make-and-how-to-avoid-them/) - What are the common mistakes that employers make when working with transgender employees and how can these be avoided? Tom Pimenta, employment solicitor at Boyes Turner LLP takes a look at the recent Primark case and what employers can learn from it ... Alexandra de Souza E Souza, has recently been awarded £47,433.03 by an
- [What can be done to stop the abuse of confidentiality provisions?](https://www.employmentsolicitor.com/settlement-agreements-confidentiality-provisions/) - From the Presidents Club to Harvey Weinstein, confidentiality provisions have hit the headlines this year. And the Women and Equalities House of Commons Select Committee recently heard evidence from lawyers on the subject. Gareth Brahams, Managing Partner at Brahams Dutt Badrick French LLP and Chair of the Employment Lawyers Association was one of them. Here, he
- [Five things we learnt in employment law this week (13 April 2018)](https://www.employmentsolicitor.com/employment-law-five-things-april/) - A failure to enhance shared parental leave pay in line with enhanced maternity pay is not direct sex discrimination. The EAT held that the purpose of maternity leave is to protect the health and wellbeing of a woman following childbirth and a father's situation is not comparable. (Employment Appeal Tribunal, Capita v Ali). 2. The
- [British employees are at their 'wits end' says new study](https://www.employmentsolicitor.com/british-employees-are-at-their-wits-end-says-new-study/) - More than four in ten employees in the UK claim they are often at their wits end with ‘constant grief’ from work. According to a new study, 44 per cent of British employees routinely wake up in the middle of the night to check emails and frequently send emails to colleagues and clients between the
- [Five things we learnt in employment law this week (6 April 2018)](https://www.employmentsolicitor.com/employment-law-five-things-6-april-2018/) - Even where a claim provides little or no background information, it should still be accepted and responded to, provided that the respondent could reasonably be expected to know the nature of the claimant's complaint against it (Court of Appeal, Secretary of State for BEIS v Parry & another). 2. Time for bringing a reasonable adjustments
- [Legal obligation on employers to prevent sexual harassment](https://www.employmentsolicitor.com/sexual-harassment-employers/) - Sexual harassment in the workplace has become ‘normalised’ due to corrosive working cultures, says the Equality and Human Rights Commission (EHRC). The commission has launched a new report, which makes a series of recommendations aimed at better protecting people in the workplace. These place the onus on employers to prevent and resolve sexual harassment and
- [GDPR, employees and privacy statements](https://www.employmentsolicitor.com/gdpr-employees-privacy-statements/) - Privacy statements are designed to inform employees in a clear and transparent manner of how their data is being used and their rights in relation to that personal data. In this article, Annabel Mackay and Beatrice Duke of Addleshaw Goddard LLP examine what employers need to know and highlight areas of continuity and change. With
- [Hidden cost of workplace surveillance](https://www.employmentsolicitor.com/workplace-surveillance-monitoring/) - Developments in technology mean that HR professionals are increasingly having to consider the ways in which data protection and privacy may impact upon employment issues. By far one of the most common challenges that arises is the use of CCTV, and also surveillance of workers in the broader sense. So what do employers need to
- [Night working – a foreseeable health and safety risk?](https://www.employmentsolicitor.com/night-working-employment-law/) - What do employers need to know when employing people to work overnight? Marwa Stavraetou, trainee solicitor at Gordon Dadds LLP, takes a look... There are many issues and potential pitfalls that employers, in numerous industries, must keep in mind when employing persons to work overnight. In the past couple of decades, there has been a shift
- [Brexit: employers worried about restricted immigration](https://www.employmentsolicitor.com/brexit-employers-immigration/) - Employers hire workers from the EEA because they are better qualified and more motivated than UK workers, according to a new report. It adds that restricting immigration after Brexit may lead to lower growth in total jobs and adversely impact on the UK economy. The report by the government’s official migration advisers, the migration advisory
- [Five things we learnt in employment law this week (23 March 2018)](https://www.employmentsolicitor.com/five-things-employment-law-week-23-march-2018/) - A Church of England priest who was refused a ministry licence because of his same-sex marriage was not treated unlawfully because the Church's doctrine on same-sex marriages was a genuine religious occupational requirement (Court of Appeal, Pemberton v Inwood). 2. The Court of Appeal has heard Mencap's appeal against a finding that sleep-in carers must
- [Pay squeeze ends](https://www.employmentsolicitor.com/pay-squeeze-ends/) - Pay growth and a fall in inflation means that Britain's pay squeeze is ending, says economists. New figures show the number of people in work has reached a record high of 32.2 million and earnings are growing, according to official figures. However, the wage growth is not outpacing inflation. The Office for National Statistics says
- ['Lunch is for wimps'](https://www.employmentsolicitor.com/employees-excessive-hours-law/) - Recent rulings in the Court of Appeal and the European Court of Justice have highlighted the claims employers can face from employees working excessive hours. Here, Emma Gray, Managing Associate solicitor at Linklaters, offers some practical tips. Key employment law issues facing employers in relation to a culture of long hours without breaks relate to
- [Five things we learnt in employment law this week (16 March 2018)](https://www.employmentsolicitor.com/employment-law-learnt-march2018-2/) - The Supreme Court has dismissed an appeal by a former head teacher who was dismissed for misconduct, on the basis that she did not disclose her close personal relationship with a person convicted of making indecent images of children. In so doing, the Court queried whether the Burchell test is correct. (Reilly v Sandwell Metropolitan
- [Is it OK to hug at work?](https://www.employmentsolicitor.com/sexual-harassment-hugging-work/) - Touch in the workplace is a major issue. Sexual harassment claims are sweeping the globe from Hollywood to the Houses of Parliament, doctors being advised not to hug patients (in case it results in legal action), and the #Metoo campaign continues to attract huge support. So, against that backdrop, the idea of hugging at work
- [What is bumping?](https://www.employmentsolicitor.com/bumping-unfair-dismissal/) - When is "bumping" an unfair dismissal? Beth Bearder, an Associate at Flint Bishop LLP considers what employers need to know. This is not in the context of typical dodgems style “bumping”, but rather, this is a concept which has arisen in employment case law, and should be considered in a redundancy situation to avoid any
- [Unsigned contracts](https://www.employmentsolicitor.com/restrictive-covenants-failed-sign/) - Q: An employee didn’t sign an employment contract. He’s leaving to join a competitor. Can we rely on the restrictive covenants in his employment contract? A: Erica Dennett, Partner and head of the employment team at Cripps answers... An employee didn’t sign an employment contract. He’s leaving to join a competitor. Can we rely on the
- [ET claims rise, says MoJ](https://www.employmentsolicitor.com/et-claims-rise-says-moj/) - New figures from the Ministry of Justice show that single ET claims have increased this quarter. Receipts, disposals and caseload outstanding all increased, by 90%, 21% and 66% respectively. When it comes to Multiple ET claims - receipts increased by 467%, and caseload outstanding increased by 27%. Disposals decreased by 55%. Employment Tribunal Fee Refunds
- [Five things we learnt in employment law this week (8 March 2018)](https://www.employmentsolicitor.com/five-employment-law-8-march/) - Pregnant workers are not entitled to priority treatment in a collective redundancy exercise (Porras Guisado v Bankia SA, Court of Justice of the European Union). 2. An expectation that a disabled employee would require long hours can be a provision, criterion or practice (United First Partners Research v Carreras, Court of Appeal). 3. In a
- [Women's Pay Day](https://www.employmentsolicitor.com/womens-pay-day/) - Women have effectively been working for free this year because of the gender pay gap. Today is Women’s Pay Day: the day when the average woman starts getting paid compared to the average man, according to new figures. The research, published by the TUC to coincide with International Women’s Day, points out that in some
- [Gender pay gap fund](https://www.employmentsolicitor.com/gender-pay-gap-fund/) - The government has announced a £1.5m fund to support people back into work, after time out caring, saying it could help close the gender pay gap. The fund will pay for projects, which help returners update their skills, provide other training, or support businesses to increase employment opportunities for returners. A guidance and toolkit has
- [Ethnic pay gap up to 37%](https://www.employmentsolicitor.com/ethnic-pay-gap-london/) - The mayor of London, Sadiq Khan is stepping up his fight against pay inequality in London. His announcement follows the first-ever comprehensive pay audit, on the pay gap affecting Black, Asian and minority ethnic (BAME) employees for all organisations in the Greater London Authority (GLA) Group. The audit found that the in the capital black
- [Top five Human Resource Brexit hotspots](https://www.employmentsolicitor.com/hr-brexit/) - We are now entering the final 12 months before the UK officially leaves the EU. Amongst the political arguments, home and abroad, there are some areas where it is clear there will be a big impact in HR terms. Charlotte Ashton, Head of Business Immigration and an Associate in the employment team at MLP Law
- [Third of employees feel discriminated against](https://www.employmentsolicitor.com/third-employees-discriminated/) - More than a third of UK employees have felt discriminated against in the workplace, according to a new study. Age is the most common reason, with more than one in ten employees believing that they have suffered age discrimination, while 8% feel they’ve been discriminated against due to their gender – this figure rises to
- [What to do when an employee is pregnant](https://www.employmentsolicitor.com/employee-tells-pregnant/) - Over a third of employers believe that during the recruitment process it's reasonable to ask women about their plans to have children, according to recent research. But that leaves them at risk of discrimination claims says Cathy Donald of Ergo Law, a specialist employment law firm based in Edinburgh. Here, she outlines some key areas
- [Five things we learnt in employment law this week (23 February 2018)](https://www.employmentsolicitor.com/employment-law-five-things-23february-2018/) - 1. Time spent by a firefighter on standby at home (close to work) is working time (CJEU, Ville de Nivelles v Matzak). 2. Children born to British mothers outside the UK between 1949 and 1983 can apply to register as British citizens by virtue of matrilineal descent (Supreme Court, Advocate General for Scotland v Romein).
- [The Presidents Club: what employers need to know](https://www.employmentsolicitor.com/the-presidents-club-what-employers-need-to-know/) - Employers always need to be mindful of the risk of claims against them if their staff are harassed at work. As the events that took place at the Presidents Club unfold, Phil Allen, partner, at Weightmans LLP looks at what employers need to know. If an employee resigns and claims constructive dismissal following abuse or
- [The Presidents Club, sexual harassment and third party liability](https://www.employmentsolicitor.com/presidents-club-third-party-liability-sexual-harassment/) - In the wake of the Presidents Club scandal, where hostesses were allegedly groped and sexually harassed, we asked leading employment solicitors for their views. Is the agency that hired the women liable for the acts of the guests? How might asking workers to wear revealing clothes, and sign non-disclosure agreements look to an Employment Tribunal?
- [Case law summary: third party liability – from Bernard Manning to the Presidents club](https://www.employmentsolicitor.com/case-law-summary-third-party-liability/) - Third party liability has been thrown into the spotlight this week, in the wake of the Presidents Club scandal. Here, Paul McFarlane, a partner at Weightmans LLP takes a look at the relevant cases. Whether employers will be liable for third party harassment suffered by their employees is complicated. The starting point will be looking
- [Can better maternity pay fix the gender pay gap?](https://www.employmentsolicitor.com/maternity-pay-gender-pay-gap/) - Holiday babies, post-tenure pregnancies and “May” children. These are some of the labels that get attached to women in academia who plan on having children. Here, Vera Troeger, from the University of Warwick, looks at the issue. Many women in academia share a common burden of scheduling their maternity plans: to survive and advance through
- [How to deal with sexual harassment complaints at work](https://www.employmentsolicitor.com/sexual-harassment-complaints-work/) - With sexual harassment in the news - from #MeToo to the Presidents Club - what do employers need to know about handling complaints? Elizabeth Stevens, a professional support lawyer at Birketts LLP, outlines the appropriate steps to take in response to a complaint about sexual harassment in the workplace. If you have received a formal complaint
- [Vicarious liability for data protection breaches](https://www.employmentsolicitor.com/vicarious-liability-data-protection-breaches/) - Vicarious liability renders an employer liable for the legal wrongdoing of an employee, even in circumstances where the employer is not at fault, provided that the wrong has been committed in the "course of employment". Leanne Francis, a lawyer in the employment team at Pinsent Masons, takes a look at the issue. We are all
- [Five things we learnt in Employment Law this week (January 26 2018)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-january-26-2018/) - The CJEU has found that a Spanish law which permits dismissals for short term, intermittent sickness absence is indirect discriminatory, unless it can be objectively justified (Ruiz Conejero v Ferroser Servicios Auxiliares SA). 2. In order to succeed in a whistleblowing detriment claim, the claimant must establish that the person who subjected them to that
- [Identifying the hidden whistleblowing disclosure](https://www.employmentsolicitor.com/whistleblowing-disclosure-hidden/) - A number of whistleblowing cases have made headlines in the last few months and highlighted the fact that such claims are here to stay. This article, by Vicky Schollar, associate at Blake Morgan LLP, looks at the whistleblowing legislation and how organisations can help identify when a qualifying and protected disclosure has been made. The
- [Five things we learnt in Employment Law this week (2 February 2018)](https://www.employmentsolicitor.com/five-things-employment-law-february/) - Whistleblowers can recover post-termination losses which flow from pre-termination detriments (Wilsons Solicitors LLP v Roberts, Court of Appeal). 2. A disciplinary process, which begins with an act of discrimination, is a continuing act of discrimination from start to finish (Hale v Brighton & Sussex Hospitals NHS Trust, EAT). 3. Workers who suffer a detriment for
- [Podcast: Five Things - February 2018](https://www.employmentsolicitor.com/podcast-employment-law-five-things/) - Welcome to our first podcast! In this inaugural episode, James Rhodes, Partner at DAC Beachcroft, takes a more detailed look at some of the cases, which appear in his popular Five Things weekly column. We'd love to know what you think - please do comment and share on social.
- [Government's Good Work plan does not address employment status](https://www.employmentsolicitor.com/governments-good-work-plan-not-address-employment-status/) - The government has finally responded to the Taylor Review. It has released its Good Work plan and says that ‘millions of workers will receive new rights under major government reforms’. However, the government has committed only to consulting on employment status, along with issues, including: Consultation on enforcement of employment rights recommendations Consultation on agency workers
- [Five things we learnt in Employment Law this week (9 February 2018)](https://www.employmentsolicitor.com/five-things-employment-law-february-2018/) - The High Court has ordered that a former employee must surrender his passport pending his compliance with an order to deliver up confidential information which had wrongfully copied and distributed (Corbiere Ltd v Xu & Secretary of State for the Home Department). 2. An employee who was sexually propositioned by her manager in text messages
- [Do we need a Data Protection Officer?](https://www.employmentsolicitor.com/data-protection-officer/) - As the deadline for the General Data Protection Regulation approaches, Katie Harris-Wright, senior associate at Birketts LLP considers whether firms should have a data protection officer. The General Data Protection Regulation (GDPR) will come into effect on 25 May 2018 and will replace the Data Protection Act 1998. Given that the GDPR is a piece
- [Majority of employers fail to embrace neurodiversity](https://www.employmentsolicitor.com/neurodiversity-employers/) - While ten per cent of the UK population is in some way neurodivergent, only one in ten organisations consider neurodiversity in their people management practices. That’s according to new research by the CIPD. It points out that due to ‘a lack of awareness’ within UK organisations and the way that most organisations are physically and
- [Five things we learnt in Employment Law this week (19 January 2018)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-19-january-2018/) - In determining whether wages are "properly payable" in an unlawful deductions claim, tribunals can construe the meaning of contractual terms (Nexus v Anderson & Others, EAT). 2. Outsourced workers are not entitled to the benefit of collective bargaining with their host organisation, even if that organisation effectively determines their employment terms via the outsourced contract
- [Can we use a settlement agreement in an individual redundancy situation?](https://www.employmentsolicitor.com/can-use-settlement-agreement-individual-redundancy-situation/) - Q: Can we use a settlement agreement in an individual redundancy situation? Naomi Greenwood, a Partner specialising in employment law at Moore Blatch LLP answers. You can! But whether it is advisable to do so is a much debated matter. There are two schools of thought as to whether it is a sensible approach to
- [TUPE: Do we have to accept this employee?](https://www.employmentsolicitor.com/tupe-transfer-employee/) - Gavin Macgregor, an employment lawyer at Loch Employment Law takes inspiration from the Bard as he considers a TUPE dilemma... Q: We're about to take on a new contract, that we won at tender. However, the company that lost the tender has transferred an employee over to the contract we're taking on. Does this mean we
- [Employment is at record levels but growth in wages remains low](https://www.employmentsolicitor.com/employment-record-levels-growth-wages-remains-low/) - There were 32.21 million people in work in the three months to November 2017 – 415,000 more than for the same period a year earlier, according to official figures. This means the UK's unemployment rate is at a four-decade low of 4.3%. However, while there has been a growth in wages at 2.4%, says the
- [Personal experience: shared parental leave.](https://www.employmentsolicitor.com/shared-parental-leave-employers/) - Amy Sinclair is an employment solicitor, who has returned to work after having had a baby. Here, she writes about her personal experience of shared parental leave and wonders why more parents don't take up the scheme... I have recently returned to work from a period of maternity leave. It included a stint of shared
- [Half of all women experience sexual harassment at work, says new report](https://www.employmentsolicitor.com/half-women-experience-sexual-harassment-work-says-new-report/) - The legal system is failing women in the workplace and needs fundamental reform, says a new report. The report, published by the Fawcett Society’s Sex Discrimination Law Review (SDLR) Panel, found that half of all women experience sexual harassment at work The SDLR calls for a number of changes. These include: strengthening the laws on
- [Two thirds of gender pay gap 'unexplained' says ONS](https://www.employmentsolicitor.com/discrimination-unexplained-gender-pay-gap/) - Around two thirds of the UK gender pay gap cannot be attributed to differences, such as more women working part time, according to new analysis by the Office for National Statistics. The ONS analysis took into account factors that influence pay. These include age, type of occupation, how senior the role is and how long
- ['Parenthood penalty' should be wake-up call for UK plc, says report](https://www.employmentsolicitor.com/parenthood-penalty-should-be-wake-up-call-for-uk-plc-says-report/) - A “parenthood penalty” is preventing parents from fulfilling their economic potential, says a new report. The Modern Families Index found that working parents in the UK are struggling to cope with the strain of overwork. It says parents are ‘deliberately stalling and downshifting their careers’ to reverse the negative impact work is having on family
- [Employees with bright ideas: what rights do employers have?](https://www.employmentsolicitor.com/employees-bright-ideas-rights-employers/) - The average employee suggests six ideas per year to their employer, but only 43% of those ideas are acknowledged, according to a survey by the EveryDay Innovation Project. Rachel Farr, professional support lawyer at Taylor Wessing, looks at how employers can make the most of those lightbulb moments. A motivated workforce can see where problems
- [Uber introduces mandatory six-hour breaks for drivers.](https://www.employmentsolicitor.com/uber-introduces-mandatory-six-hour-breaks-drivers/) - Uber is introducing mandatory breaks for its drivers. The taxi hailing firm will lock drivers out of the app, meaning they are unable to accept rides for six hours, after a ten-hour shift. However, the limit still allows drivers to work for far more than 60 hours a week. The gig-economy model run by Uber has
- [Only the lonely: how employers can help beat isolation at work](https://www.employmentsolicitor.com/only-the-lonely-how-employers-can-help-beat-isolation-at-work/) - Remote working is great and so is the technology that makes it possible. But what about face-to-face human interaction? We need that too. Here, Daniela Korn from Sheridans Employment and Business Immigration Group looks at how employers can help staff to combat feelings of loneliness at work. The buzz word in the world of employee engagement over the
- [Enforcing gender pay gap reporting?](https://www.employmentsolicitor.com/gender-pay-gap-deadline/) - With the recent resignation of BBC former China Editor, Carrie Gracie and only months to go until larger employers must publish their gender pay gap, equal pay remains a hot topic. Here, Kevin Lau, a senior solicitor in the employment team at Blake Morgan LLP looks at what employers and HRs need to know. 2017 represented
- [TUPE: are we stuck with a pay rise given to an employee?](https://www.employmentsolicitor.com/tupe-and-pay-rises/) - Q: HR conundrum: Are we stuck with a pay rise given to an employee shortly before the employee TUPE transferred to us? A: David Jones, employment solicitor at Myerson Solicitors, replies... The transfer date arrives and you have sent out your letters to the transferring employees, welcoming them to your organisation, and assuring them that
- [Male workforce being 'hollowed out' says new study](https://www.employmentsolicitor.com/news-working-hours-study/) - Almost one in eight men work part-time today, compared with fewer than one in 12 two decades ago, according to new research. This means that more men in lower paid roles are working fewer hours or part-time, while higher paid men are working more. The changes are leading to a ‘hollowing out’ of the male
- [Five things we learnt in Employment Law this week (12 January 2018)](https://www.employmentsolicitor.com/five-things-12-january-2018/) - The Court of Appeal has held that, if an employee is subjected to discriminatory demotion, he cannot simply refuse to work until the wrong is remedied; rather, he must seek a remedy through the courts. (Rochford v WNS Global Services). 2. A compensatory rest break must be provided for by an uninterrupted block of at
- [Employers want ‘straitjacket’ apprenticeship levy replaced](https://www.employmentsolicitor.com/employers-want-straitjacket-apprenticeship-levy-replaced/) - More than a half (53%) of employers who pay the apprenticeship levy want to see it replaced with a training levy, according to new research. And of those already paying the levy, only one in five support the existing system in its current form. The research, by the CIPD, also reveals a lack of awareness
- [Employers must do more to support staff with hearing loss](https://www.employmentsolicitor.com/6637-2/) - More than half of people living with deafness and hearing loss feel they can’t be open about it in the workplace, says new research. This is because they fear disclosing their condition to their employer would have a negative effect on their career. The new research, by charity Action on Hearing Loss, found that a
- [Growing gender gap when it comes to leisure time](https://www.employmentsolicitor.com/growing-gender-gap-comes-leisure-time/) - British men enjoy five hours more free time a week than women, according to the Office of National Statistics. The latest figures show that men take, on average, 43 hours of leisure time per week, whereas women take around 38 hours of leisure time. And the gender gap is growing: according to the ONS, men
- [Garden leave: a bonus protection?](https://www.employmentsolicitor.com/garden-leave-protection-bit-bonus/) - Garden leave has become a fairly standard clause in many contracts. However, a recent case questioned how much protection these provisions really gives to employers. Phil Allen, a Partner at Weightmans LLP, looks at what we can learn from the case. Executive and high-level service agreements usually include a garden leave clause. However over recent
- [Restrictive Covenants: Mistakes not to make](https://www.employmentsolicitor.com/restrictive-covenants-mistakes-not-to-make/) - Properly drafted restrictions protect an employer’s business relationships and confidential information so don't overlook them, says Melanie Stancliffe, Employment Partner at Irwin Mitchell LLP. Many employers miss important protections for their businesses by assuming that these restrictions are not worthwhile. That’s a costly mistake because inserting the restrictions in the initial contract does not add any
- [Relocation, relocation, relocation](https://www.employmentsolicitor.com/tupe-a-change-in-place-of-work/) - Relocation and TUPE - it's complicated. What claims can arise when the move involves collective redundancies? And who picks up the tab? Andrew Secker, Principal Associate for Mills & Reeve LLP, explores the issue. While I have a soft spot for TUPE, even I admit TUPE did itself no favours when it came to transfers which involved a
- [TUPE and contractual bonuses](https://www.employmentsolicitor.com/tupe-and-contractual-bonuses/) - Q: We’ve inherited employees under TUPE that had a contractual bonus linked to the transferor’s profits. Any advice? A: Kate Potts, Associate at GQ Employment Law, answers... The basic position is that the new employer (the transferee) steps into the shoes of the previous employer (the transferor). This means that the old employment terms have effect
- [Five things we learnt in Employment Law this week (22 December 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-22-december-2017/) - A former employee of a property firm has won an unfair dismissal case after she was made redundant two months into her maternity leave and alternative roles were offered to male co-workers. She was awarded £29,461 in compensation. 2. Businesses have been warned by the Equality and Human Rights Commission that failure to report gender
- [ECJ rules that Uber is officially a transport firm](https://www.employmentsolicitor.com/ecj-rules-uber-officially-transport-firm/) - The European Court of Justice (ECJ) has ruled that Uber is a transport company, and not a digital service. The decision, which could have implications for the gig economy, opens the ride-hailing app up to tougher national regulation across Europe. The EU’s highest court decided that Uber operates in the EU like a traditional taxi
- [Five things we learnt in Employment Law this week (15 December)](https://www.employmentsolicitor.com/five-things-employment-law-15-december-2017/) - A disclosure which is made out of pure self-interest is not protected (Parsons v Airplus International Limited, EAT). 2. The EAT has held that a pay offer which was rejected by a trade union but then offered directly to staff was an unlawful inducement to cease collective bargaining (Kostal UK Ltd v Dunkley). 3. A
- [TUPE: Taking the commercial view](https://www.employmentsolicitor.com/tupe-commercial-view/) - When it comes to TUPE, it makes sense to take a pragmatic, commercial view, says Dominic Holmes, Partner, at Taylor Vinters LLP. OK, I admit it. TUPE isn’t everyone’s cup of tea. It is often perceived as unfriendly for business, an unnecessary distraction when trying to negotiate a business sale or outsourcing contract. For those unfamiliar with
- [Employers want 'greater openness' about pay levels](https://www.employmentsolicitor.com/employers-want-greater-openness-about-pay-levels/) - More than two-thirds (68 per cent) of employers say that they are open about how pay levels and pay increases are set, with almost a third (31 per cent) favouring ‘great’ transparency. This suggests that employers are moving towards greater openness about reward management, according to the latest Reward Management Survey from the CIPD. Its
- [TUPE and employee benefits: can we cut the package?](https://www.employmentsolicitor.com/tupe-cut-employee-benefits/) - Q: We will inherit employees under TUPE that had generous private health cover (and permanent health insurance) under their employment contracts. Can we swop providers or dilute the benefits? What are our risks? A: Andy Atwell, Senior Associate at CMS Cameron McKenna answers... Changes to employment terms and conditions in normal circumstances often come up against
- [Should employers always look on the Brightside of life?](https://www.employmentsolicitor.com/employers-always-look-brightside-life/) - When informing employees that their employment is being terminated, many employers choose to provide the employee with a “kinder” reason rather than the real reason to soften the blow. While this practice may be common place, recent case law shows that in practice honesty may be the best policy, says Katie Mahoney, Associate at Doyle
- [Five things we learnt in Employment Law this week (8 December)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-8-december-2017/) - Uber’s application to “leapfrog” an appeal to the Supreme Court has been refused. 2. The European Court of Justice has held that the UK discriminated against a transgender woman by failing to allow her to claim her state pension at the age of 60. She was instead told her that she must wait until the
- [Government names and shames employers for underpaying workers](https://www.employmentsolicitor.com/government-names-shames-employers-underpaying-workers/) - The Government has named and shamed major household names such as Sports Direct and Primark for failing to pay the minimum wage. The retailers are among 260 employers, which the Department for Business, Energy and Industrial Strategy has named, shamed and fined for failing to pay 16,000 workers at least minimum wage rates. Government investigators
- [Finding a voice in the workplace: an employer’s survival guide.](https://www.employmentsolicitor.com/finding-voice-workplace-employers-survival-guide/) - The Taylor Review of Modern Working Practices gave UK employers a glimpse of the future landscape of the workplace. But there's no time like the present. Here, Mark McKeating of Kuit Steinart Levy LLP suggests four ways that businesses can help employees find their voice. The promise of an “effective worker voice” and allowing employees a
- [TUPE: do we have to accept an employee from our competitor?](https://www.employmentsolicitor.com/tupe-accept-competitors-employee/) - HR conundrum: A competitor has lost a tender to us. On learning it had lost the tender, it transferred an employee from another part of its business to the contract that’s transferring to us. We take the contract on in three months. We accept TUPE applies generally but do we have to take this particular
- [TUPE and long-term sickness](https://www.employmentsolicitor.com/tupe-long-term-sickness/) - Q: I have just acquired a new customer. The employees of the old contractor came over to us under TUPE. The old contractor didn't tell us about someone who was on long term sick and hasn't been back for six years did he transfer over to us? A: Jodie Hill, employment consultant at Lionshead Law
- [Drafting mental health laws in a post-apocalyptic world](https://www.employmentsolicitor.com/drafting-mental-health-laws-post-apocalyptic-world/) - Imagine drafting completely new laws to protect people with mental health problems in the workplace. What changes would you bring in? What issues would you seek to solve? Here, Stephen Heath, a lawyer at mental health charity Mind, looks at what re-drafting the current laws could achieve. As lawyers, my wife and I occasionally wonder
- [Discrimination means black employees fail to achieve their career expectations, says new report](https://www.employmentsolicitor.com/discrimination-employees-careers/) - Three in ten black employees say discrimination to blame for failing to achieve their career expectations. That’s according to the latest research by the CIPD, which says that 29% of black employees say that they are held back because of racial discrimination. This is despite the fact that significantly more BAME employees said career progression
- [Five things we learned in Employment Law this week (1 December 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-december-2017/) - The European Court of Justice has found that 'workers' must be able to carry over paid annual leave, even in instances where they have not had the opportunity to take it and called into question the legitimacy on the two-year cap on wages claims (King v The Sash Window Workshop Limited). 2. The Court of
- [The ECJ rules in favour of worker in long-awaited holiday pay case](https://www.employmentsolicitor.com/ecj-rules-favour-worker-long-awaited-holiday-pay-case/) - The European Court of Justice (ECJ) has ruled in favour of a gig economy worker who did not have a paid holiday in 13 years. Today’s decision in the case of Mr C. King v The Sash Window Workshop Ltd & Richard Dollar (Case C‑214/16) has huge implications for the gig economy, say employment solicitors. It
- [The view from HR: sexual harassment and how organisations need to change](https://www.employmentsolicitor.com/view-hr-sexual-harassment-organisations-need-change/) - It's fair to say that Hollywood and Westminster are atypical places to work. But when it comes to sexual harassment, many claims go unreported in workplaces across the globe. So, why is that, asks Misbah Malik, employment solicitor and HR consultant, and what can employers do to bring about change? In light of the recent sexual
- [The government’s Industrial Strategy receives a mixed response](https://www.employmentsolicitor.com/the-governments-industrial-strategy-receives-a-mixed-response/) - The government’s Industrial Strategy for the UK has received a mixed response – with comments on the report ranging from “a big first step” to aspects of the report being “an unfunny joke.” The white paper, Building a Britain fit for the future, sets out the government’s vision for how Britain can ‘build on its
- [How to trial flexible working](https://www.employmentsolicitor.com/trial-flexible-working/) - Q: An employee on maternity has requested flexible working. We’re not sure but would be willing to trial it for three months before deciding if it should be permanent. Is a trial a good idea and are there any downsides or tips as to how we should go about things? A: Danielle Kingdon, partner in
- [Outsourced workers launch landmark test case](https://www.employmentsolicitor.com/outsourced-workers-launch-landmark-test-case/) - Receptionists, security officers and porters are taking legal action against the University of London, in a ‘landmark test case’. The case – the outcome of which could affect 3.3m outsourced workers – is being filed by the Independent Workers’ Union of Great Britain (IWGB) and supported by The Good Law Project. As outsourced workers, the
- [Change law to stop 'bogus self employment', says new report](https://www.employmentsolicitor.com/close-loopholes-to-stop-bogus-self-employment-says-new-report/) - The government must close loopholes that allow companies to use bogus "self-employment" status, says a new report published today. The joint report by the Work and Pensions and Business, Energy and Industrial Strategy (BEIS) Committees says the law must not continue to allow companies to exploit workers to gain a competitive advantage. The committees have
- [Caught by the court](https://www.employmentsolicitor.com/caught-by-the-court/) - When it comes to workplace disputes involving ill-health, both employees, employers and their professional advisers will usually be thinking about the prospect of going to the Employment Tribunal. However, the Tribunal is not the only show in town, writes Charlie Thompson.an employment law associate at Harbottle & Lewis LLP. The vast majority of workplace disputes
- [A male employee is aggrieved that he's paid less for shared parental leave](https://www.employmentsolicitor.com/male-employee-aggrieved-hes-paid-less-shared-parental-leave/) - Q: We pay enhanced maternity pay but only statutory shared parental leave pay. A male employee has taken shared parental leave and raised a grievance because we don’t pay the same. Any advice? A: Deana Bates, an employment solicitor at Simpson Millar LLP replies... Unfortunately, the law in this area is far from clear, which is not
- [Pregnancy: the right to relaxation?](https://www.employmentsolicitor.com/pregnancy-rights-and-requests-for-relaxation/) - Q: A pregnant employee wants to take time off for relaxation sessions. Do we have to agree and should it be paid? A: Alacoque Marvin, employment solicitor at Wrigleys Solicitors replies... The short answer to this question is very likely to be: yes. If the person making the request is an employee who is pregnant and
- [Key cases along the winding road for whistleblowers](https://www.employmentsolicitor.com/key-cases-whistleblowers/) - It's been a busy year in terms of developments to the whistleblowing regime. And we can expect more of the same in 2018, as tribunals attempt to grapple with the public interest requirement and the Court of Appeal’s guidance in Chestertons. Kate Walsh, Senior Solicitor at ClarksLegal LLP takes a look at the key cases
- [Two thirds of businesses advocate public reporting of whistleblowing](https://www.employmentsolicitor.com/businesses-whistleblowing-reports/) - Two thirds of businesses advocate public reporting of whistleblowing reports, according to a new report. The report, Whistleblowing in the Workplace: Opportunity and Risk, says that 67% of respondents think that businesses should be obliged to publicly report on the number of whistleblowing reports they receive from workers. It also found that 96% of businesses
- [What's next for whistleblowing charity?](https://www.employmentsolicitor.com/quick-questions-whistleblowing/) - Francesca West is the newly-appointed chief executive of the whistleblowing charity Public Concern at Work (PCaW). Before taking on this new role as chief executive, I worked for PCaW for ten years, as a Legal Officer, Director of Policy and Deputy Chief Executive. I'm a qualified, practicing solicitor and non-practicing barrister. I also have experience
- [Breastfeeding at work: what employers need to know](https://www.employmentsolicitor.com/breastfeeding-work-employers-need-know/) - Q: An employee has asked about breastfeeding at work. What are our legal obligations? Katie Mahoney, Associate, at Doyle Clayton replies... A: “Breastfeeding at work” can encompass a number of different arrangements. For some mothers it can mean being able to go home or to a nearby nursery to breastfeed their child. For others, it
- [Employees in the UK set to receive ‘one of lowest salary increases in Europe’](https://www.employmentsolicitor.com/employees-uk-set-receive-one-lowest-salary-increases-europe/) - Salaries in the private sector are expected to rise by just 0.2 per cent next year – that’s up to fifteen times less than our European peers. According to the latest Salary Trends report, in 2018 the average worker in the UK will earn approximately £4.41 more a month (£53 pa) before tax. The research
- [Do Androids dream of the Equality Act?](https://www.employmentsolicitor.com/androids-dream-equality-act/) - To avoid unconscious bias in the workplace we need to ensure technology is properly shaped for the future world of work, says Angela Lown, Associate at Gowling WLG (UK) LLP. There is no denying that the world of work is changing. Technologies not dreamed of just 10 short years ago are shifting our perception of the nature of
- [Employees don't ask for pay rises as companies 'can’t justify it'](https://www.employmentsolicitor.com/employees-dont-ask-pay-rises-companies-cant-justify/) - Most private sector workers are still not pushing for pay rises, despite years of falling real wages and low unemployment. Almost four in ten companies say they are under “no pressure” whatsoever from their employees, according to a labour market survey by the CIPD/Adecco Group of more than 2,000 employers. It found that only a
- [Uber dismissed: the EAT decides drivers are workers](https://www.employmentsolicitor.com/uber-employment-appeal-tribunal-judgment/) - The Employment Appeal Tribunal (EAT) has upheld the employment tribunal's ruling that Uber drivers are workers and therefore qualify for workers' rights. Here's the link to the judgment. Please do let us know what you think in the comments below or drop us an email. In the landmark ruling, which potentially affects tens of thousands of Uber
- [Five things we learnt in employment law this week (10 November 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-10-november-2017/) - The EAT has upheld an earlier Employment Tribunal decision that Uber drivers are 'workers'. 2. A manager who was sacked for calling Prince George "the face of white privilege" on Facebook has lost her claim. 3. A social worker who was forced to work in a small room, leading to flashbacks from a time when
- [A pregnant employees performance has dropped. Any tips?](https://www.employmentsolicitor.com/pregnant-employees-performance-dropped-tips/) - Q: A pregnant employee’s performance has dropped. She’s made a few mistakes and missed deadlines. A customer has complained she wasn’t on her game. Any tips on how to handle the performance issue? A: Paul McFarlane, a Partner in the Employment, Pensions and Immigration Team and Louise Singh, a Professional Support Lawyer at Weightmans LLP,
- [An employee on maternity leave wants to go part-time. Any tips?](https://www.employmentsolicitor.com/a-full-time-employee-on-maternity-leave-wants-to-go-part-time-any-tips/) - Q: A full-time employee on maternity leave has requested to return part-time. She’s expected to return in three months. Any tips on how to handle the situation and what are our risks if we refuse? A: Catherine Greig, Senior Associate at MacRoberts LLP answers... As with most employee issues, the key is communication and consistency. I would
- [What employers need to know as the clock ticks on gender pay gap reporting](https://www.employmentsolicitor.com/what-employers-need-to-know-as-the-clock-ticks-on-gender-pay-gap-reporting/) - It's been a whirlwind year of gender pay gap revelations at high-profile organisations like the BBC. And there's less than six months to go until larger companies need to publish their gender pay gap reports. So, here, Kate Walsh, Senior Solicitor for Clarkslegal LLP takes a look at exactly what employers need to be aware of.
- [Women FTSE 100 leaders increase but too few in senior roles](https://www.employmentsolicitor.com/women-leaders-increase-but-few-senior-roles/) - The number of women being appointed to FTSE 100 boards has increased, however, few women are fulfilling senior roles on those boards, according to new research. The percentage of women holding FTSE 100 non-executive (NED) positions is at an all-time high of 33 per cent, says this year’s Female FTSE Report. The review was carried
- [Can we make a pregnant employee redundant?](https://www.employmentsolicitor.com/pregnant-employee-redundant/) - Q: Can we make a pregnant employee redundant if we are retaining a non-pregnant employee doing the same job? Paul McAleavey, Senior Associate at Girlings LLP, answers... A: Yes, but only if the employer has a genuine redundancy situation, the pregnancy is not the reason for the employee being selected for redundancy (either directly or
- [Happiness levels rise, despite Brexit](https://www.employmentsolicitor.com/happiness-levels-rise-despite-brexit/) - The first major report into personal well-being data since the EU referendum has been published today. So, how are we doing? Well, according to the Office of National Statistics (ONS), despite the turmoil of Brexit, we’ve seen ‘statistically significant’ improvements in our life satisfaction. Between the years ending June 2016 and 2017, our average ratings
- [Government is failing new mothers in the workplace, says new report](https://www.employmentsolicitor.com/government-failing-new-mothers-workplace-says-new-report/) - The government is being urged to act on a pledge to review redundancy protections for pregnant women and new mothers. The charity Maternity Action says that ministers committed to review redundancy protection in January but that the government has so far failed to act. It is calling for the government to act, as it launches
- [Five things we learnt in Employment Law this week (3 November 2017)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-3-november-2017/) - The CJEU has held that employers who fail to conduct an appropriate risk assessment for a breastfeeding employee are discriminating on the grounds of the employee's sex (Otero Ramos v Servicio Galego de Saude). 2. The Supreme Court held that employment tribunals have jurisdiction to hear a discrimination claim by a doctor against the General
- [Secrets and showstoppers: what the GBBO taught us about confidentiality](https://www.employmentsolicitor.com/gbbo-confidentiality/) - When judge Prue Leith accidentally tweeted the name of the winner before the Great British Bake Off final had aired, it was a high-profile example of how easily confidential information can be leaked. But when a secret slips out what can employers do about it? James Farad, Assistant Solicitor in the employment team at Blacks
- [Do we have to retain an employee on maternity leave in a redundancy situation?](https://www.employmentsolicitor.com/were-making-redundancies-do-we-have-to-keep-employees-on-maternity-leave/) - Q: Do we have to retain an employee on maternity leave in a redundancy situation? Natasha Adom, Senior Counsel at GQ Employment Law LLP, answers... The short answer is no. However, because employees on maternity leave have special legal rights and protections, before making such employees redundant you must tread very carefully and be aware
- [Five things we learnt in employment law this week (27 October 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-27-october-2017/) - A BBC survey has revealed that half of British women and a fifth of men have been sexually harassed at work or place of study. 2. The Employment Appeal Tribunal has held that where another person influences a decision maker in a discriminatory way that person can be considered a joint decision-maker (Metropolitan Police v
- [Employees working too hard: what can an employer do?](https://www.employmentsolicitor.com/employees-working-hard-can-employer/) - Following the new Thriving at Work mental health report, Charlie Thompson, an employment law associate at Harbottle & Lewis LLP, takes a look at the dangerous nature of overwork and what employers can do about it. Our understanding of the link between workplace stress and serious illness is becoming increasingly sophisticated, but the potentially dangerous
- [Mental health strategies at work 'no longer a choice for employers'.](https://www.employmentsolicitor.com/5821-2/) - Mental health strategies at work may no longer be a choice for employers following a new report. The new report, Thriving at Work, makes 40 recommendations about how employers and the government can better support employees to remain at work. The government, which commissioned the report, says it will consider legislative changes to improve mental
- [Power to the bump: improving the workplace for new and expectant mothers.](https://www.employmentsolicitor.com/power-bump-improving-workplace-new-expectant-mothers/) - There are many things employers can do to effect change in the workplace for new and expectant mothers, says the Equality and Human Rights Commission (EHRC). Here, Matthew Smith a Principal in the legal directorate of the EHRC looks at the business case for supporting women who are pregnant or on maternity leave. “I was delighted
- [Unpaid internships are 'a modern scandal which must end'.](https://www.employmentsolicitor.com/unpaid-internships-modern-scandal-must-end/) - Three quarters of people would support a ban on unpaid internships that last more than four weeks, says new research. The study released by the Social Mobility Commission, found that 72% of the public back a change in the law, with 42% ‘strongly supporting’ a ban. The figures have been released ahead of the second
- [What does ‘without prejudice and subject to contract’ mean in a settlement agreement?](https://www.employmentsolicitor.com/what-does-without-prejudice-and-subject-to-contract-mean-in-a-settlement-agreement/) - Without Prejudice and Subject to Contract The terms Without Prejudice and Subject to Contract have different meanings but you will often see them used together during the course of settlement agreement negotiations. Here, Catherine Ridd, Associate at Morgan Denton Jones explains each term in detail. “Without Prejudice” Generally, statements made in a genuine attempt to settle
- [Five things we learnt in employment law this week (20 October 2017)](https://www.employmentsolicitor.com/five-things-we-learnt-in-employment-law-this-week-20-october-2017/) - The Greek Police's minimum height requirement for new recruits is indirectly discriminatory towards women. A person's physical ability should be more important than their height (CJEU in Ypourgos Ethnikis Pedias v Kalliri). 2. Foreign embassies cannot rely on state immunity to avoid liability for private-law employment claims by domestic staff (Supreme Court in Benkharbouche v
- [Pregnancy and redundancy](https://www.employmentsolicitor.com/pregnancy-and-redundancy/) - Can an employer make a pregnant employee redundant? What about an employee on maternity leave? The simple answer to these questions is ‘yes’. However, whilst the law in this area does not seek to make those employees who are pregnant or on maternity leave ‘untouchable,’ there are certain extra elements which employers need to consider
- [Pregnant workers may be protected before they tell their employer of their pregnancy](https://www.employmentsolicitor.com/pregnant-workers-may-be-protected-before-they-tell-their-employer-of-their-pregnancy/) - In the UK, it is automatically unfair to terminate employment in connection with pregnancy. Pregnant workers are also protected from discrimination because of pregnancy under the Equality Act 2010, But the European Advocate General's opinion in the case of Porras Guisado v Bankia SA and others (Case C-102/16) raises questions as to whether the UK has
- [Whistleblowing report: UK needs to improve protections](https://www.employmentsolicitor.com/whistle-blowing-report-uk-law-inadequate/) - UK whistleblowing law is "inadequate and does not meet most international standards" according to a detailed report by Blueprint for Free Speech (BFS). The report demands a new approach for protecting whistleblowers in the UK The report is detailed (116 pages) and highly critical of the current system; describing it as ineffective at protecting whistleblowers. The report
- [New whistleblowing rules in force today for financial services](https://www.employmentsolicitor.com/new-whistleblowing-rules-force-today-financial-services/) - New whistleblowing rules come into force today for the financial services sector. The changes are intended to remove barriers that prevent employees from disclosing concerns about wrongdoing within financial service firms. The rules apply to organisations regulated by the Financial Conduct Authority (FCA) and/or Prudential Regulation Authority (PRA). In March 2016 firms were required to appoint
- [Deliveroo workers' contract bans them going to employment tribunal](https://www.employmentsolicitor.com/deliveroo-workers-contract-bans-them-going-to-employment-tribunal/) - Deliveroo workers' hit the headlines yesterday with reports that their contracts ban access to employment tribunals. The news follows recent reports about the Uber employment tribunal case and Hermes couriers' pay terms. So what's going on in the gig economy? Are clauses banning couriers going to an employment tribunal legal? The restaurant delivery firm Deliveroo has
- [Practical tips for settling injury to feelings claims in discrimination cases](https://www.employmentsolicitor.com/practical-tips-settling-injury-feelings-claims-discrimination-cases/) - The issue in August of the Government’s Response and Consultation on simplifying the tax treatment of termination payments provides good reason for looking again at the taxable status of payments to employees for injury to feelings caused by unlawful discrimination. Historically there had long been an unspoken understanding that such compensation could be paid tax-free,
- [Five things we learned in employment law this week (6 October)](https://www.employmentsolicitor.com/five-things-learned-employment-law-week-6-october/) - In a case of alleged discrimination arising from disability in the context of application of a long-term sickness absence policy, it is not sufficient to show that the policy was justified. The alleged discriminator must also justify the specific treatment of the employee (Buchanan v Commissioner of Police for the Metropolis). 2. A settlement agreement
- [Can we settle a personal injury claim with a settlement agreement?](https://www.employmentsolicitor.com/can-settle-personal-injury-claim-settlement-agreement/) - Q: An employee has had an accident at work. The employee is leaving due to redundancy under a settlement agreement. Can we settle the potential personal injury claim with the settlement agreement? Simon Whitehead, managing partner at HRC Law LLP answers… It is a fairly commonly held misconception, even amongst some very experienced HR practitioners,
- [Five things you should know before you make a settlement agreement offer](https://www.employmentsolicitor.com/five-things-to-know-before-you-make-a-settlement-agreement-offer/) - About to make a settlement agreement offer? Read this first. From who's going to lead the discussion to what the terms should be, Janette Lucas, Partner at Squire Patton Boggs (UK) LLP, outlines the essential settlement agreement checklist. There comes a time in every HR professional's life (perhaps it feels like nearly daily) when you
- [Low pay Britain is ‘dire for social mobility’ says new report](https://www.employmentsolicitor.com/low-pay-britain/) - Low pay is endemic in the UK and people struggle to escape poorly paid jobs, a new report by the Social Mobility Commission reveals today. Only one in six low paid workers managed to permanently escape from low pay in the last decade. Meanwhile, a quarter of low paid workers have remained stuck on low
- [Unemployment drops but the gender pay gap remains](https://www.employmentsolicitor.com/5719-2/) - The number of people in work has increased, according to official figures. The Office of National Statistics (ONS) says there are now 32.10 million people in work, 94,000 more than for March to May 2017 and 317,000 more than for a year earlier. The employment rate (the proportion of people aged from 16 to 64
- [What should employers do when an employee reports sexual harassment?](https://www.employmentsolicitor.com/employers-investigate-sexual-harassment/) - Sexual harassment is widespread. It’s not just Hollywood Harvey Weinstein types who are the problem (as this week’s overwhelming Twitter response to #metoo has shown). So, what can employers do when a sexual harassment problem is reported? The stats Over half (52%) of women have experienced a form of sexual harassment at work, according to
- [Five things we learnt in employment law this week (13 October 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-13-october-2017/) - The Court of Appeal has held that the segregation of boys and girls at a Muslim faith school was unlawful because it prevented pupils from socialising with members of the opposite sex. It did not matter that both sexes suffered the same detriment (HMCI v The Interim Executive Board of Al-Hijrah School). 2. The Government
- [The Parental Bereavement (Pay and Leave) Bill set for 2020](https://www.employmentsolicitor.com/parental-bereavement-pay-leave-bill-set-2020/) - New leave allowance for bereaved parents in UK will be one of the most generous in the world, under proposed laws published today. The new laws will give employed parents two week’s paid leave if they suffer the death of a child under 18. The bill goes significantly further than most other countries in providing
- [Working from the coffice? What employers need to know](https://www.employmentsolicitor.com/working-from-the-coffice-what-employers-need-to-know/) - As employees increasing skip the office and work in coffee shops or ‘coffices’, Tom Moyes, Partner at Blacks Solicitors LLP, looks at what employers need to know about the so-called workplace of the future. Open-plan offices don't work – there are too many distractions – and the workplace of the future is the ‘coffice’. That’s
- [How can employers with gender pay gaps reduce Equal Pay claims?](https://www.employmentsolicitor.com/can-employers-gender-pay-gaps-reduce-equal-pay-claims/) - A report produced by the Chartered Management Institute (CMI) has found that, on average, female managers in the UK earn £12,000 less than their male colleagues. Will Clift, an employment solicitor at Winckworth Sherwood, looks at how employers reduce the risk of Equal Pay claims. The recent finding comes during a year where the gender pay
- [How can employers tackle mental health in the workplace?](https://www.employmentsolicitor.com/can-employers-tackle-mental-health-workplace/) - It’s World Mental Health Day and this year, the theme is mental health in the workplace. So, how can employers best tackle the issues? Three in five employees have experienced mental health issues in the past year because of work, according to a new study. It’s easy to see why: exhausting commutes, long working hours,
- [Gig-economy companies give evidence to the Business, Energy and Industrial Strategy Committee](https://www.employmentsolicitor.com/gig-economy-companies-give-evidence-business-energy-industrial-strategy-committee/) - Gig-economy companies Deliveroo, Uber and Hermes will face the Business, Energy and Industrial Strategy Committee (BEIS) on 10 October. The witnesses: Dan Warne, Managing Director UK and Ireland for Deliveroo; Andrew Byrne, Head of Public Policy at Uber and Hugo Martin, Director of Legal Affairs at Hermes, will give oral evidence, speaking as representatives from
- [Detailed guidance on dress codes – what employers need to know](https://www.employmentsolicitor.com/detailed-guidance-dress-codes-employers-need-know/) - In today's workplace, in some sectors the idea of having any sort of dress code is considered archaic. However, giving employees a bit of direction can help them to avoid committing a major faux pas in relation to their work attire. Here, Laura Brown, Associate, and Helga Breen, Partner and Head of Employment London DWF LLP, help
- [Dismissal, disciplinary action or demotion: what happens when employees disclose poor mental health?](https://www.employmentsolicitor.com/dismissal-disciplinary-action-demotion-happens-employees-disclose-poor-mental-health/) - Over a million UK employees have faced negative consequences after disclosing their mental health issues at work, according to a new report. It found that while business is waking up to the scale of poor mental health in the workplace, there is still a long way to go. For the new report Mental Health at
- [An Uber for the NHS? Union criticises Jeremy Hunt for gig economy app](https://www.employmentsolicitor.com/uber-nhs-union-criticises-health-secretary-gig-economy-app/) - GMB, the union for public sector workers, says a new healthcare workforce app unveiled by Jeremy Hunt ‘will bring the gig economy to the NHS’. At the Conservative Party Conference today, the health secretary announced plans to introduce an app-based work system to 12 NHS trusts. Hunt said that nurses needed to work flexibly, do extra
- [Unite launches legal action on behalf of over 1,800 Monarch workers](https://www.employmentsolicitor.com/unite-launches-legal-action-behalf-1800-monarch-workers/) - Unite is launching legal action on behalf of over 1,800 Monarch workers who lost their jobs when the firm went into administration this week. The union said it was lodging employment tribunal proceedings over a failure to consult on redundancies. “Through no fault of their own, former Monarch workers are out of pocket and out
- [Home truths: what employers need to know about working from home](https://www.employmentsolicitor.com/home-truths-employers-need-know-working-home/) - From new contracts to employees being distracted by the household chores. Philip McCabe, Principal Solicitor at McCabe and Co, takes a look at what employers need to know when employees want to work from home. We all know the Employment Rights Act 1996 struggles to catch up and reflect current working methods like the gig
- [How to create a culture of kindness (and reduce discrimination claims) at work](https://www.employmentsolicitor.com/create-culture-kindness-reduce-discrimination-claims-work/) - As an employment lawyer, I have spent my most of my career advising clients how best to mitigate risks and claims, writes Danielle Spiers, a Partner in the Employment and Business Immigration Group at Sheridans. Advising a seasoned HR professional on the technicalities of the Equality Act 2010, for example, is one thing. However, advising an entrepreneur –
- [Debate: Should pregnant workers have their protection extended?](https://www.employmentsolicitor.com/debate-pregnant-workers-protection-extended/) - Described as ‘one to watch’ the European Advocate General's opinion in the case of Porras Guisado v Bankia SA and others (Case C-102/16) has sparked debate as to whether the UK has properly implemented the Pregnant Workers Directive. The background In the UK, it is automatically unfair to terminate employment in connection with pregnancy. Pregnant workers
- ['Zero tolerance' for discrimination for pregnant women and new mums, says government](https://www.employmentsolicitor.com/zero-tolerance-discrimination-pregnant-women-new-mums-says-government/) - There will be “zero tolerance" of discrimination against expectant or new mothers in the workplace, claims the government. It has announced a consultation on options to ensure women have sufficient protections from redundancy. The Department for Business, Energy and Industrial Strategy said it will consider how to ensure new and expectant mothers are ‘supported and
- [Five things we learnt in employment law this week (29 September 2017).](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-29-september-2017/) - The Employment Appeal Tribunal has been hearing Uber's appeal against the decision that its drivers are workers. The Employment Tribunal recently held that the drivers were not self-employed and were therefore entitled to holiday pay and minimum wage. 2. Meanwhile, an Employment Tribunal has held that Addison Lee drivers are workers. 3. A recent study
- [Uber begins appeal over Employment Tribunal ruling](https://www.employmentsolicitor.com/uber-begins-appeal-employment-tribunal-ruling/) - The Uber appeal is underway, as the taxi app fights the landmark ruling that its drivers must be given basic workers' rights. In October 2016, drivers James Farrar and Yaseen Aslam won a major case, at an employment tribunal, which found that they should be classed as workers. This meant that the drivers – and
- [What can employers do to support women returning to work?](https://www.employmentsolicitor.com/women-returning-to-work/) - As part of City Giving Day, BDBF LLP is working with Smart Works, a charity supporting women returning to the workplace. Here, Emily Plosker, a senior associate at Brahams Dutt Badrick French LLP, looks at what employers can do to help women re-entering the job market. Today marks City Giving Day – a day for
- [Employment Tribunal finds Addison Lee drivers are workers](https://www.employmentsolicitor.com/newsaddison-lee-workers/) - The Central London Employment Tribunal has today found that a group of Addison Lee drivers were workers. The latest gig-economy ruling, which will reportedly affect thousands of Addison Lee drivers, found that a group of Addison Lee drivers were not self-employed but are workers who are entitled to essential workers’ rights. This includes the right
- [GMB claims victory as TfL strips Uber of its licence](https://www.employmentsolicitor.com/newsuber-licence/) - GMB, the union, claims an historic victory for workers’ rights and passenger safety, after Transport for London (TfL) today refused to renew Uber’s license to operate in the capital. The decision follows GMB’s legal victory over Uber, forcing company to defend their record on drivers' employment rights and public safety. Earlier this week, GMB and
- [Suspending employees: what employers need to know](https://www.employmentsolicitor.com/employers-need-to-know-suspensions/) - Is suspending an employee a neutral act – as employers sometimes argue – or does it harm the employee’s reputation and should therefore be used only in very limited circumstances? Bettina Bender, a Partner at CM Murray LLP considers the recent case of Agoreyo v London Borough of Lambeth and looks at what employers need to know. Facts
- [Men in the UK would like to work more flexibly, according to new research.  ](https://www.employmentsolicitor.com/men-would-like-to-work-flexibly/) - Men in the UK would like to work more flexibly, according to new research. Four in five of the men surveyed by the consultancy, Timewise, said they would prefer more control over their working hours or already work flexibly. This ‘busts the mum myth’ says the consultancy, pointing out that in the past, pressure for
- [‘Respect workers’ rights or get out of London,’ GMB petition tells Uber.](https://www.employmentsolicitor.com/respect-workers-rights-london-gmb-petition-tells-uber/) - GMB a union which represents taxi and professional drivers is today teaming up with SumOfUs (a global consumer group that campaigns to hold big corporations accountable) to hand in a 100,000-strong mass petition to City Hall. The petition calls on Transport for London (TfL) to force Uber to ‘respect workers’ rights or get out of
- [Five things we learnt in Employment Law this week (15 September)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-15-september2017/) - It is not necessary for an industrial action ballot paper to specify the precise date on which proposed action is expected to take place (High Court in Thomas Cook Airlines v British Airline Pilots Association). 2. An Employment Judge at Sheffield Tribunal has declined to order the respondent should pay the successful claimant's fees. This
- [Employers must inform staff if emails are monitored says the ECHR, in landmark case.](https://www.employmentsolicitor.com/employers-must-inform-staff-emails-monitored-says-echr-landmark-case/) - Employers cannot ‘reduce private social life in the workplace to zero’, says the European Court of Human Rights (ECHR) in today’s landmark judgment. Judges examined the case of Bărbulescu v. Romania, which concerned the decision of a private company to dismiss an employee after monitoring his electronic communications and accessing their contents. It also looked
- [Five things we learnt in Employment Law this week (August 25)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-august-25-2017/) - Minor discrepancies between the name of the prospective respondent in an Acas early conciliation certificate and the name of the actual respondent in subsequent tribunal proceedings do not justify rejection of the claim (EAT in Chard v Trowbridge Office Cleaning Services Ltd). 2. According to a report by Deloitte, the median pay of FTSE 100
- [Hidden Disabilities – what employers need to know](https://www.employmentsolicitor.com/hidden-disabilities-employers-need-know/) - Jenna Ide, Solicitor at Thomas Mansfield Solicitors explains what we mean by "hidden disabilities" in the workplace and looks at what employers need to know. Earlier this year, the Government Legal Service lost its appeal to the EAT against the finding that its recruitment process had indirectly discriminated against an applicant with Asperger’s syndrome, Along
- [Wearable Technology: is it OK to track your employees?](https://www.employmentsolicitor.com/wearable-technology-employers-track-employees/) - Giving employees a free Fitbit sounds like a great engagement or wellbeing programme but what do employers need to consider when it comes to wearable technology in the workplace? Charlie Thompson, Associate at Harbottle & Lewis LLP, takes a look at the issues... A Wisconsin company created a stir this year by offering to embed microchips
- [Five things we learnt in Employment Law this week (18 August 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-18-august-2017/) - Claimants do not bear the initial burden of proof in discrimination claims. Tribunals must consider all the evidence in the case before deciding whether or not there are facts from which it can infer that discrimination has occurred (EAT in Efobi v Royal Mail). 2. The High Court has held that the automatic suspension of
- [Gender Pay Gap: Five things employers need to know about pay and women](https://www.employmentsolicitor.com/gender-pay-gap-five-things-employers-need-know-pay-women/) - Sir Philip Hampton recently caused controversy by suggesting that women at the BBC allow the pay gap between men and women to exist. His comment is concerning given that he has been appointed to co-chair a government review into how to increase the number of women in senior business roles, but is there any truth
- [Jobs should be advertised as flexible hours, says the EHRC](https://www.employmentsolicitor.com/jobs-advertised-flexible-hours-says-ehrc/) - All jobs should be advertised as available for flexible working, and greater support should be given to fathers to play more of a role in child care, says the Equality and Human Rights Commission. Releasing its strategy for tackling gender, ethnicity and disability pay gaps, the Commission says that the pay gaps issue sits ‘right
- [Majority of FTSE 100 boards still lack ethnic and gender diversity](https://www.employmentsolicitor.com/ftse100-still-lack-diversity/) - The majority of Britain’s biggest companies still have no ethnic minority presence and gender diversity is moving backwards in more industries than it is moving forward according to a new report. Despite government recommendations that no FTSE 100 board should be exclusively white by 2020, the Green Park’s Leadership 10,000 report found that almost six
- [Pay rises remain subdued, as unemployment is at a record low](https://www.employmentsolicitor.com/unemployment-low-pay-rises-low/) - New research suggests that employment in the UK will grow strongly in the third quarter of this year but wage growth is likely to remain weak. The latest study of more than 1,000 employers suggests that near-term employment expectations have risen compared with the previous spring report (May 2017). This is reflected in the quarter’s
- [Five things we learnt in Employment Law this week (11 August)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-11-august-2017/) - Barclays Bank has been found to be vicariously liable for assaults committed by a doctor engaged to carry out medical examinations. In this case, more than 126 women were assaulted by the doctor during these medicals (Various claimants v Barclays Bank Plc). 2. The Presidents of the Employment Tribunals in England and Scotland have issued
- [How can employers meet the recruitment challenges of the Brexit era?](https://www.employmentsolicitor.com/can-employers-meet-recruitment-challenges-brexit-era/) - How can employers rise to the challenge of recruiting a diverse and talented workforce, while there is still so much uncertainty around Brexit? Liz Stevens, professional support lawyer at Birketts LLP takes a look... Last month the government announced that it has commissioned a major study into the role EU nationals play in the UK
- [Landmark employment tribunal ruling finds foster carers are employees](https://www.employmentsolicitor.com/landmark-tribunal-foster-carers-employees/) - Two foster carers have won the right to be classed as employees, in a ruling that could mean foster carers are entitled to holiday pay and a guaranteed minimum wage. The case is a ‘massive step forward’ for the rights of foster care workers, according to The Independent Workers Union of Great Britain (IWGB), which brought the
- [Five things we learnt in Employment Law this week (3 August)](https://www.employmentsolicitor.com/five-things-employment-law-week-3-august-2017/) - A recent Employment Appeal Tribunal case has ruled that voluntary overtime worked for a sufficient period of time on a regular and/or recurring basis should be included in holiday pay (Dudley Metropolitan Borough Council v Willetts and others). 2. The former executive chairman of motor association AA may lose out on share options worth up
- [Binding Decision: Voluntary Overtime must be included in holiday pay](https://www.employmentsolicitor.com/binding-decision-voluntary-overtime-holiday-pay/) - Employers must urgently get their 'house in order' says union, following a significant decision which could have huge implications for UK businesses. The decision by the employment appeal tribunal on an appeal by Dudley Metropolitan borough council is the first to confirm that payments for entirely voluntary duties, such as voluntary overtime, standby, call-out work
- ['A case about humour at work that has gone wrong'](https://www.employmentsolicitor.com/banter-at-work-discrimination/) - Reed v CF Fertilisers UK Limited is an employment tribunal case which the judge described in the introduction as “a case about humour at work that has gone wrong”. Simon Robinson, Partner at Gunnercooke LLP takes a look at the case and offers suggests as to how employers can mitigate the risks of a claim.
- [Public sector staff are unpaid by nearly £1bn a year, says union](https://www.employmentsolicitor.com/public-sector-underpaid/) - Nearly a third of public sector staff in the south west regularly work unpaid overtime to the tune of almost £1bn. The research by union GMB, shows that 186,000 public sector workers in the region regularly work an average of eight hours unpaid hours a week. It’s the highest percentage in the country and it
- [Should you use your out of office to highlight your mental health?](https://www.employmentsolicitor.com/mental-health-sick-days/) - Emily Yeardley, Associate employment solicitor at BakerLaw LLP comments on the recent publicity surrounding an employee’s out of office message and looks at the issues surrounding disclosure of mental health issues at work. Recently, Madalyn Parker, a web developer and engineer used her out of office auto response to inform her team that she was
- [Five things we learnt in Employment Law this week (28 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-28-july-2017/) - In a landmark ruling this week, the Supreme Court has held that the current fee regime in place prior to lodging a Tribunal claim, which was introduced in 2013, is unlawful (R (on the application of Unison) v Lord Chancellor). 2. A new consultation statement has been issued seeking views on increasing the bands for
- [Employment tribunal fees are unlawful, Supreme Court says](https://www.employmentsolicitor.com/employment-tribunal-fees-unlawful-supreme-court/) - "It's the biggest victory in a court in British employment history," according to Unison's Dave Prentis. And it's an incredible, momentous, stunning win say employment lawyers, as they react to the Supreme Court's decision that employment tribunal fees are unlawful. In what is being described as a hugely well-deserved win for Unison, the Supreme Court
- [Mike Ashley wins £15m 'pub deal' High Court case](https://www.employmentsolicitor.com/mike-ashley-wins-15m-pub-deal-high-court-case/) - Sports Direct founder Mike Ashley has won a High Court case against Jeffery Blue, an investment banker, who claimed Ashley promised him £15m in a deal struck in a pub. The case examined whether a contract was made between the claimant (Blue) and the defendant (Ashley) as a result of a conversation in the Horse
- [ET Fees are unlawful: what does this mean for employers?](https://www.employmentsolicitor.com/et-fees-employers/) - As the news of the Supreme Court's Judgment on employment tribunal fees sinks in, Tim Forer, a partner in the employment law team at Blake Morgan, looks at what this means for employers... While the principle of access to justice is extremely important, this decision by the Supreme Court is a blow to employers who are
- [Sports Direct case shows employers must adhere to employees' rights](https://www.employmentsolicitor.com/sports-direct-case-shows-employers-must-adhere-employees-rights/) - The case of Sports Direct owner Mike Ashley admitting workers in its Derbyshire warehouse were paid below minimum wage highlights the vital importance of employers adhering to legislation on employees’ pay, says partner at Cleggs Solicitors, Jayne Harrison. HMRC is investigating Sports Direct over the issue of failing to pay the minimum wage after Sports
- [Mistakes employers make when handling ill health dismissals](https://www.employmentsolicitor.com/mistakes-employers-make-when-handling-ill-health-dismissals/) - It can be tricky dismissing an employee who is off work for illness and if you get it wrong you can have a claim on your hands. Here, Jayne Harrison, a partner at Cleggs Solicitors looks at the five common mistakes that employers make and how to avoid them. Not taking action Many employers think
- [How can we manage a conflict between the ACAS Code and our own disciplinary procedure?](https://www.employmentsolicitor.com/can-manage-conflict-acas-code-disciplinary-procedure/) - Q: How can we manage a conflict between the ACAS Code and our own disciplinary procedure? A: Jayne Harrison, head of employment law at Cleggs Solicitors, says … The ACAS Code is intended to provide practical guidance to employers and employees on how to fairly carry out disciplinary procedures for misconduct or poor performance. Failure to
- [Five things we learnt in employment law this week (21 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-21-july-2/) - A Police Officer who was seen celebrating a win whilst at horse racing after calling in sick at work has been found guilty of gross misconduct. He was dismissed without notice in "order to maintain public confidence in the force". 2. The Tea House Theatre in London has received harsh criticism after advertising a position
- [Employed parents who lose a child will get statutory paid leave to grieve, under a proposed new law](https://www.employmentsolicitor.com/employed-parents-lose-child-will-get-statutory-paid-leave-grieve-proposed-new-law/) - Parents who are employed and have suffered the death of a child will now receive statutory paid leave to grieve. The new law, which is being supported by the Government has been introduced to Parliament today. The Government says while it expects employers to be “compassionate and flexible” at such a difficult time, not all
- [BBC pay reveals stark gender pay gap, as only a third of top earners are women](https://www.employmentsolicitor.com/bbc-pay-reveals-stark-gender-pay-gap-third-top-earners-women/) - As the salaries of the highest earners at the BBC are revealed (surely no surprise that Gary Lineker and Chris Evans are BBC’s top earners) the list reveals a major gender imbalance. Only two women are among the very best paid stars at the BBC. Claudia Winkleman, who presents Strictly Come Dancing, and Alex Jones, presenter
- [Women are more likely than men to be absent from work, says new report](https://www.employmentsolicitor.com/women-likely-men-absent-work-says-new-report/) - Women are more likely to be absent from work than men, ‘man flu’ does not exist and workers in the North East are twice as likely to take time off than Londoners. That’s according to a new report, which claims that women have had an additional 2.8 million days of absenteeism than men in the
- [Gig economy employers: are one hour contracts, the new zero hours?](https://www.employmentsolicitor.com/gig-economy-employers-one-hour-contracts-new-zero-hours/) - Are there benefits to one-hour contracts compared to zero-hours contracts? And in the light of the negative press surrounding zero-hours contracts, should employers be adopting one-hour contracts or a similar model as an alternative? Susie Allen, employment solicitor at Aaron & Partners explores the issue... As a result of the uncertain economic environment and the
- [Five things we learnt in Employment Law this week (13 July 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-13-july-2017/) - The Supreme Court has allowed an employee's appeal for his same-sex partner to receive the same pension benefits as a heterosexual partner would receive (Walker v Innospec Ltd and others). 2. The Court of Appeal has confirmed that a disclosure which is in the private interest of the worker could be in the 'public interest'
- [The Gig Economy: Mitigating Employment Law Risks](https://www.employmentsolicitor.com/gig-economy-mitigating-employment-law-risks/) - Following the publication of the Taylor Review of Modern Working Practices, Tom Kerr Williams, Employment Law and Industrial Relations Expert at Price Waterhouse Coopers, looks at how employers can mitigate the employment law risks of the gig economy. By 2020, it is predicted that the UK gig economy is set to be worth £2 billion. The rise
- [Employee, self-employed, worker and now, “dependent contractor”?](https://www.employmentsolicitor.com/employee-self-employed-worker-now-dependent-contractor/) - Worker status was a subject of concern, long before taxis and pizzas were ordered on smartphones. However, today’s Taylor Review has thrown up a potential new category for those in the gig-economy: dependent contractor. So, what do employment lawyers and HR professionals make of it? Sean Nesbitt, partner in the employment team at Taylor Wessing,
- [The Taylor review: big changes on the way for employment-related law?](https://www.employmentsolicitor.com/taylor-review-big-changes-way-employment-related-law/) - If the Taylor Review’s recommendations are implemented they will make a significant difference to all involved in engaging people in the UK, writes Phil Allen, Partner and employment law specialist at Weightmans. The detail Perhaps the most significant change proposed is that an employment statement (often the contract) must be provided on day one of
- ['We need a shift in attitude towards employment,' says Taylor Review panel expert Diane Nicol](https://www.employmentsolicitor.com/need-shift-attitude-towards-employment-says-taylor-review-panel-expert-diane-nicol/) - Diane Nicol, Partner at law firm Pinsent Masons, was on the expert panel for the Matthew Taylor Review. Here, she shares her thoughts on today’s report and what it means for modern work in the UK. The UK has a flexible approach to engagement and employment which has benefited the economy in recent years. But
- [How do you solve a problem like holiday pay?](https://www.employmentsolicitor.com/solve-problem-like-holiday-pay/) - A recent spate of holiday pay cases have gone before the courts and tribunals – leaving some employers confused about how to calculate holiday pay. However the situation is not as complicated as it seems and case law has provided useful guidance on how to approach holiday pay, writes Aida Smajlovic, employment solicitor at Gelbergs
- [Instant messaging is crucial but tracking is not, remote workers say](https://www.employmentsolicitor.com/instant-messaging-crucial-tracking-not-say-remote-workers/) - Instant messaging apps are a crucial tool in today’s business environment, according to a new survey. Three quarters of respondents said that remote workers and managers should remain connected via instant apps as well as the telephone; 84% that managers should speak to remote workers several times a week and over half believe video calls
- [Five things we learnt in employment law this week (7 July 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-7-july-2017/) - The Court of Appeal has confirmed that the 10% Simmons v Castle uplift should be applied to injury to feelings and personal injury awards. (Pereira de Souza v Vinci Construction UK Ltd). 2. The Court of Appeal has held that damages for stigma and loss of future prospects can be awarded in whistle-blowing cases even
- [Deliveroo's calls for new workers' rights are given short shrift by unions](https://www.employmentsolicitor.com/deliveroos-calls-new-workers-rights-given-short-shrift-unions/) - Deliveroo's working practices are ‘exploitative’ and ‘out of date’ say unions, responding to the company's calls for new workers' right legislation. Deliveroo is calling for the government to overhaul workers’ rights legislation and consider creating ‘gig economy workers’ a new category of working. It says this would allow riders to have benefits without forcing it
- [Businesses await Court of Appeal decision on whistleblowing case](https://www.employmentsolicitor.com/businesses-await-court-appeal-decision-whistleblowing-case/) - The Court of Appeal is expected to hand down a significant workplace judgment next week in relation to whistleblowing laws. The Chesterton Global Ltd and another v Nurmohamed case focussed on the public interest test which was introduced into whistleblowing law as part of changes to the Employment Rights Act 1996. “This is a crucial
- [Questioning voices: how can employers manage political views in the workplace?](https://www.employmentsolicitor.com/questioning-voices-can-employers-manage-political-views-workplace/) - As the political debate in Britain becomes ever more polarised, Christopher Braganza, a Partner in the Employment and Business Immigration Group at Sheridans, looks at how strongly held views and party politics plays out at work. The distinctive Question Time music begins in our living room, and I inevitably leave the room. For starters, 10.40
- [Employment Tribunal Judgments: is the new database a useful resource?](https://www.employmentsolicitor.com/employment-tribunal-judgements-new-database-useful-resource/) - For anyone who wanted to look at Judgments of the Employment Tribunal, they have always been available to read as they are public records and open for all to see. So does the new database change anything as far as HR professionals and employment lawyers are concerned? Joanne Lezemore, employment solicitor at Sanders Witherspoon LLP,
- [Young adults on zero-hours contracts are less likely to be in good health, study finds](https://www.employmentsolicitor.com/young-adults-zero-hours-contracts-less-likely-good-health-study-finds/) - Young adults on zero-hours contracts are less likely to be in good health and are at higher risk of poor mental health than workers with stable jobs, according to a new study. The study, Next Steps, by the UCL Institute of Education (IOE) also found that young zero hour workers were also at greater risk
- [Gig-economy latest: Addison Lee taken to court over legal status of its drivers](https://www.employmentsolicitor.com/gig-economy-latest-addison-lee-taken-court-legal-status-drivers/) - The latest test-case gig economy hearing begins today (4 July), at the Central London employment tribunal, Kingsway, London. GMB, the union for private hire drivers, has launched a legal challenge against Addison Lee, claiming that the company is ‘shirking its responsibilities through bogus self-employment’. The challenge brought by the GMB involves three Addison Lee workers
- [Employers: how not to handle a retirement situation](https://www.employmentsolicitor.com/employers-not-handle-retirement-situation/) - The case of J Peters v Rock Chemicals Ltd t/a Rock Oil provides a costly lesson for employers in how not to handle a retirement situation, says Ian Seabury, a director at Seabury Beaumont (who acted for the Claimant). Here, he discusses the case and what employers can learn from it. Age discrimination is one of
- [Employment status - the power of three: employee, worker and self-employed](https://www.employmentsolicitor.com/employment-status-power-three-employee-worker-self-employed/) - Recent cases have tested the boundaries of employment status, with "self-employed" people being awarded worker status. As the world of work evolves, Karen Baxter, Partner at Lewis Silkin LLP, takes a look at how employers can keep pace with the changing market. The UK’s workforce has changed. Full time permanent employees now make up just
- [Five things we learnt in employment law this week (30 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-30-june-2/) - Equal pay claimants performing different work cannot bring a joint equal pay claim on the same claim form. If claims are based on a different set of facts, they can be struck out on the grounds of irregularity (Farmah & ors v Birmingham City Council & ors, Employment Appeal Tribunal). 2. An Employment Tribunal has
- [Employers: how to juggle working parents](https://www.employmentsolicitor.com/employers-juggle-working-parents/) - As the school summer holidays approach, working parents cross their fingers that their childcare plans hold. Many also have to compete with colleagues to take time off work, which means, it can be a tricky time for employers too. Louise Taft of Freeman's Solicitors looks at what do employers need to bear in mind when
- [Can we fairly dismiss an employee for pulling a sickie?](https://www.employmentsolicitor.com/can-we-fairly-dismiss-an-employee-for-pulling-a-sickie/) - Can we fairly dismiss an employee for pulling a sickie? Employee sickness generally falls into two categories; short term sickness when perhaps someone has a cold or a temporary sickness bug, and long term sickness absence when an employee has a specific medical condition. These two must generally be treated in completely different ways. An
- [Five things we learnt in employment law this week (30 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-30-june/) - 1. A claimant cannot rely on the existence of pre-termination negotiations (under s111A ERA) in support of an unfair dismissal claim (Faithorn Farrell Timms LLP v Bailey). 2. Vocational placement students can bring discrimination claims in the employment tribunal against their placement hosts (Blackwood v Birmingham & Solihull Mental Health NHS Trust). 3. An employment tribunal
- [Do we have to pay overtime in holiday pay?](https://www.employmentsolicitor.com/pay-overtime-holiday-pay/) - Do we have to pay overtime in holiday pay? What happens if we carry on paying basic pay only? This question is one which has tested the Courts both in the UK and in Europe over the past few years. The referendum result is unlikely to affect this in the short to medium term. The
- [How late can young people work?](https://www.employmentsolicitor.com/how-late-can-young-people-work/) - We employee young workers, aged 16 and 17, to help with our catering business over the weekends. Sometimes events go on until the early hours of the morning. Is it okay to allow these young workers to work so late? Parveen Bunglawala, Employment Law specialist at FDR Law advises on the guidelines for employers on
- [Five things we learnt in employment law this week (7 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-7-july/) - When considering a dismissal because of an irreparable breakdown in relationships, the employee must first be given an opportunity to demonstrate in practice that s/he could work harmoniously with the employer (Phoenix House Limited v Stockman & another). 2. Failure to deal with a grievance, complaining of acts of pregnancy discrimination, is a repudiatory breach of contract
- [Disciplinary Hearings: Should HR leave the room when it's decision time?](https://www.employmentsolicitor.com/disciplinary-hearings-should-hr-leave-the-room-when-its-decision-time/) - Following the case of Ramphal v Department for Transport, I'm not sure how far I can go, as a HR manager, to advise and guide the manager conducting a disciplinary without running the risk of unfair dismissal. Any advice? Jacqueline Kendal, Head of Employment at Rosling King LLP answers... This was a case on the
- [Resign or face a disciplinary hearing!](https://www.employmentsolicitor.com/resign-or-face-a-disciplinary-hearing/) - Can employers invite employees to hand in their resignation when facing a disciplinary hearing, and what are the risks that come with taking this approach? When a staff member is not performing their duties to the required standard, an employer may feel as though there is no alternative but to terminate their employment. Situations
- [An employee has raised a grievance part way through a disciplinary procedure for gross misconduct. Do we have to deal with the grievance first?](https://www.employmentsolicitor.com/employee-raised-grievance-part-way-disciplinary-procedure-gross-misconduct-deal-grievance-first/) - Grievances raised by an employee part way through disciplinary processes are a relatively common problem for employers. The challenge for an employer is distinguishing the genuine grievance from the simple ploy to stall the disciplinary process. Let’s firstly try to dispel a myth. An employer does not always have to put a disciplinary process on
- [Now you see me - using covert surveillance footage in disciplinary meetings](https://www.employmentsolicitor.com/now-see-using-covert-surveillance-footage-disciplinary-meetings/) - When can you use covert surveillance footage of your employees in a disciplinary context? A relatively simple question, a relatively simple practical answer ("pretty much always") but a much more complex set of legal considerations for those looking to challenge that approach. Let us start with the basics – will an Employment Tribunal rule a
- [Graduates flock to London, 'brain draining' the rest of the UK.](https://www.employmentsolicitor.com/graduates-flock-london-brain-draining-rest-uk/) - London is attracting a disproportionate share of graduates, according to a new report. It says that top-ranking students are flocking to the capital for the job opportunities and career progression it offers. Ahead of the Autumn Statement, the research warns that by contrast, most UK cities are struggling to attract the high-achieving graduates critical to
- [Q: Does an employee have a right to legal representation at a disciplinary hearing?](https://www.employmentsolicitor.com/q-employee-right-legal-representation-disciplinary-hearing/) - Q: Does an employee have a right to legal representation at a disciplinary hearing? Zoe Lagadec, principal solicitor at Mulberry’s Employment Law Solicitors answers... No. While the Trade Union and Labour Relations Act gives an employee the right to be accompanied to an internal disciplinary hearing by a trade union representative or work colleague, it
- [Gig economy on radio 4 (Who Speaks for the Workers?)](https://www.employmentsolicitor.com/gig-economy-radio-4-speaks-workers/) - Gig economy radio programme Yesterday BBC Radio 4 featured a 30 minute programme: 'Who Speaks for the Workers?' The show posed some interesting questions about the role of unions in the gig-economy, whether Government should directly enforce employment rights (think employment law inspectors a bit like HMRC tax inspectors). It also covers the impact of
- [Location, location, location: what employers need to know about the office move](https://www.employmentsolicitor.com/location-location-location-employers-need-know-office-move/) - Moving offices to a new area is a big decision. It can involve employees taking on a long commute or even relocating their whole family. So, how can employers retain talent, mitigate risks of claims and make the process as smooth as possible? Nicola Cockerill, senior solicitor at Buckles Solicitors, takes a look at the
- [Five things we learnt in employment law this week (23 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-23-june/) - Large employers with a January to December financial year are expected to publish their first slavery and human trafficking statements by the end of June. The Government guidance is that organisations can publish the statement alongside any other annual or non-financial reports that they are required to produce. 2. The Employment Appeal Tribunal has upheld
- [Five things we learnt in employment law this week (8 September)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-8-september/) - There was no service provision change under TUPE when a subsidised bus service was cancelled and replaced by an arm's-length commercial service (CT Plus (Yorkshire) v Black & others). Protecting the pay of a disabled employee, transferred to a more junior role involving less physical activity, can be a reasonable adjustment (G4S Cash Solutions (UK)
- [Three key things to know about employing seasonal workers](https://www.employmentsolicitor.com/three-key-things-to-know-about-employing-seasonal-workers/) - As the summer months draw closer, we are about to enter one of the busiest periods for seasonal workers. During demanding times, many companies need to bring in temporary staff members to help take on extra work. With the sourcing of temporary staff becoming a top priority for many businesses over the next few months,
- [Recruiting an age diverse workforce, why should it be done and how](https://www.employmentsolicitor.com/recruiting-age-diverse-workforce-done/) - Discrimination in relation to age has been, and still is, a prevalent issue within the UK workforce, writes Rajiv Joshi, a Partner at Blake Morgan LLP. However, attitudes need to change so how can employers avoid unconscious bias and age discrimination? A study of 2000 people carried out by Aviva in February 2017 illustrates that
- [Working parents urged to go home on time on longest day](https://www.employmentsolicitor.com/working-parents-urged-go-home-time-longest-day/) - It’s the longest day of the year so why not go home on time and make the most of it? Only a third (34%) of UK working parents go home on time every day, according to a study by the UK’s work life balance charity Working Families and Bright Horizons. Statistics from its 2017 Modern Families Index show
- [Employers: how to protect against security breaches](https://www.employmentsolicitor.com/employers-protect-security-breaches/) - Cyber attacks and data theft hit the headlines but it's the everyday actions of employees that are more likely to lead to data breaches, says David Jones, employment solicitor at Myersons. Here, he outlines how employers can mitigate the risks. When employers consider their risk exposure for data breaches, their thoughts usually turn to cyber-attacks
- [The labour market reaches 'tipping point' as cost of living crisis looms](https://www.employmentsolicitor.com/labour-market-reaches-tipping-point-cost-living-crisis-looms/) - A cost of living crisis looms, warns economists, charities and unions, as new official figures reveal that earnings are falling as inflation rises. The latest stats show that the labour market has reached a tipping point, according to the Joseph Rowntree Foundation, which 'can’t simply be ignored by Westminster'. The average weekly earnings for employees
- [What happens when an employer wants to dismiss a whistleblower?](https://www.employmentsolicitor.com/happens-employer-wants-dismiss-whistleblower/) - Whistleblowers are protected in law, so what happens when an employer wants to dismiss them? Here, David Speakman, counsel at Linklaters LLP and Harini Iyengar, counsel at 11 KBW, take us through Dr. Beatt v Croydon Health Services NHS Trust [2017] and consider what employers can learn from it. Dr Kevin Beatt, a consultant cardiologist,
- [Employers: three ways to resolve gender inequality at work](https://www.employmentsolicitor.com/employers-three-ways-resolve-gender-inequality-work/) - Throughout the world women continue to lag behind men in terms of equality in the workplace, even in the most gender-equal societies, writes Katie Mahoney, associate at Doyle Clayton. But there are ways employers can improve gender equality and reap the rewards of diversity. Globally, only about half of working age women are employed and those
- [Five things we learnt in employment law this week (9 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-9-june/) - Employees are not obliged to disclose an intention to compete lawfully with their employer. An Employment Tribunal held that, although there is a general duty to answer questions truthfully, a departing employee is not under a contractual obligation to disclose his own confidential plans to set up in competition (MPT Group v Peel). The EAT
- [Conservatives pledge expansion of workers' rights but can they be enforced?](https://www.employmentsolicitor.com/conservatives-pledge-expansion-workers-rights-can-enforced/) - The Conservatives’ 11-point plan on workers’ rights has become a 12-point one. Along with a string of new announcements made today, the party has just added that if it wins the election, it will also require firms to publish data on racial pay gaps. There is already a requirement for larger firms (with more than
- [Nearly 10 million workers in precarious employment, says union](https://www.employmentsolicitor.com/nearly-10-million-workers-precarious-employment-says-union/) - A ‘shocking picture' of the modern world of work has been revealed by new research that claims a third of the workforce is in precarious employment. The study by union GMB claims that up to 10 million people are currently in insecure work. It defines this as those in the gig economy, on zero or
- [The sober truth: how employers can best manage older workers who drink heavily](https://www.employmentsolicitor.com/sober-truth-managing-older-workers-drink-heavily/) - It is a commonly held assumption that the heaviest drinkers in today’s workforce are those at the younger end of the spectrum. However, says Laura Livingstone, Partner and Head of Employment and trainee William Gubbins at Gordon Dadds, research shows that it's actually older workers who are more likely to be hitting the bottle. So, what's the
- [Protected characteristics and unconscious bias: the do's and don'ts of interviews](https://www.employmentsolicitor.com/protected-characteristics-unconscious-bias-dos-donts-interviews/) - The independent McGregor-Smith Review, published earlier this year, looked at issues affecting black and minority ethnic (BME) groups in the workplace, identifying discrimination and bias at every stage. The evidence suggests that BME candidates are being discriminated against during the recruitment process and at interview stage. The Review prompts us to consider the steps employers
- [Shared parental leave two years on: what can we learn from the low uptake?](https://www.employmentsolicitor.com/shared-parental-leave-two-years-can-learn-low-uptake/) - Two years on from the introduction of Shared Parental Leave, and uptake seems to be lower than even the Government’s original conservative estimates, writes Naomi Greenwood, Partner at Moore Blatch. So, what can employers and HR professionals learn from how it’s fared? What is shared parental leave? Shared parental leave (SPL) was introduced in April
- [Employers: How to protect your EU workers from Brexit](https://www.employmentsolicitor.com/employers-protect-eu-workers-brexit/) - Understandably, Brexit has led to anxiety for EEA nationals currently living and working in the UK. It is important not to panic and make assumptions as to the likely impact, says Daniela Cohen, associate in the Employment and Business Immigration Group at Sheridans. However, she says it is worthwhile encouraging your EEA workers to take stock
- [The Great Repeal Bill and its impact on employment law](https://www.employmentsolicitor.com/great-repeal-bill-impact-employment-law/) - A significant amount of UK employment law is derived from EU law so what's going to happen after Brexit? Louise Merrell, senior solicitor at Clarkslegal takes a look at the laws which may be destined for the chopping board... The Brexit process was formally triggered by Theresa May on 29 March and, the very next
- [Five things we learnt in Employment Law this week (26 May 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-26-may-2017/) - The Independent Workers Union of Great Britain (IWGB) is representing an individual in a claim against CitySprint which is intended to clarify whether TUPE transfer rules can apply to "workers". 2. A report due to be published this summer suggests that workers on zero hours contracts could be given the right to request a move
- [Mindful minds: how employers can address mental health at work](https://www.employmentsolicitor.com/mindful-minds-employers-can-address-mental-health-work/) - Here, Ray Wann and Daniela Cohen of the Sheridans Employment and Business Immigration Group, look at how employers can address the issue of mental health in the workplace. Mental health. An issue which attracts press coverage and debate daily, yet it remains a topic that British people tend to shy away from discussing on any
- [Working Time Regulations: what happens when employees have multiple jobs?](https://www.employmentsolicitor.com/working-time-regulations-happens-employees-multiple-jobs/) - The Working Time Regulations are designed with health and safety in mind, but this can be a challenge for employers when workers have multiple jobs, says Phil Allen, Partner and employment law specialist at Weightmans LLP. When the Working Time Regulations were formally introduced in 1998 the UK’s employment landscape looked very different. In recent
- [A lack of deaf awareness among employers costs the UK economy £24.8bn](https://www.employmentsolicitor.com/lack-deaf-awareness-among-employers-costs-uk-economy-24-8bn/) - A lack of deaf awareness amongst employers and society at large holds people with hearing loss back and costs the UK economy £24.8bn, says charity Action on Hearing Loss. Despite the fact that employers are legally obliged to make any reasonable adjustments to support people in the workplace, the charity says its Working For Change report
- [Sleep in shifts: do employers need to wake up to new thinking?](https://www.employmentsolicitor.com/sleep-shifts-employers-need-wake-new-thinking/) - Sarah Scholfield, employment solicitor at Glaisyers Solicitors LLP, takes a look at the recent EAT cases about night shift workers and explains what employers need to know. Under the National Minimum Wage Regulations (NMW), employees are entitled to be paid the NMW for any time spent working. In most jobs, it is easy to identify
- [Five things we learnt in employment law this week (19 May)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-19-may/) - The EAT has refused to exercise its discretion to extend the 42 day time limit for lodging an appeal to the EAT after an appeal was lodged one hour late on the relevant day. The EAT held that no good excuse for the delay had been shown (J v K and Another). 2. The EAT
- [Prove it! The evidential burden of justifying disability discrimination](https://www.employmentsolicitor.com/prove-evidential-burden-justifying-disability-discrimination/) - Every employer contemplating the dismissal of a disabled employee on long term ill-health grounds will ultimately face a rather thorny question: Do we have to wait any longer for the employee to return to work? Here, Pritti Bajaria, a solicitor at didlaw outlines what employers need to know. This is a tough one. At a bare
- [Employment Law Update: Dress Codes](https://www.employmentsolicitor.com/employment-law-update-dress-codes/) - Here, Marc Long and Nicole Adams of Clarke Willmott LLP, examine the latest issues concerning dress codes and how employers can best respond to them. Receptionist Nicola Thorpe made headlines in 2016 after allegedly being sent home from work for refusing to wear high heels. She went on to launch a petition - which attracted
- [Employers: How to stop a departing employee from poaching clients](https://www.employmentsolicitor.com/employers-stop-departing-employee-poaching-clients/) - Most employers will have a good sense of the key talent within their organisation – those employees who have the deep client or customer relationships, are the lynchpins of the business and form an integral part of growth plans, writes Dominic Holmes, Partner at Taylor Vinters. But what can employers do to protect their business
- [Five things we learnt in employment law this week (12 May)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-12-may/) - A job applicant with Asperger's suffered indirect disability discrimination when the prospective employer refused to adjust the format of a multiple choice test in order to accommodate her. (The Government Legal Service v Brookes). 2. The Financial Conduct Authority has published a policy statement on whistleblowing within the UK branches of overseas banks. These are proposals
- [Deliveroo drops clause banning couriers from challenging their self-employed status at tribunal](https://www.employmentsolicitor.com/deliveroo-drops-clause-banning-couriers-challenging-self-employed-status-tribunal/) - Deliveroo, the takeaway delivery business has dropped a clause in its contracts – which was seen as legally unenforceable – that banned couriers from challenging their self-employed status at an employment tribunal. The contracts now also reportedly state that freelance couriers can work for other businesses and wear non-Deliveroo branded clothing. The revised and update
- [Pimlico Plumbers in the Supreme Court – coming down the pipeline in 2017?](https://www.employmentsolicitor.com/pimlico-plumbers-supreme-court-coming-pipeline-2017/) - Questions about employment status are arising across new and old industries – while the platform economy is small (but growing), it embodies wider anxieties about work and rights in the 21st century. Last year, Uber became the most famous name so far to fall foul of the rules, when two supposedly self-employed drivers were held
- [Tips for tackling long-term sickness absence](https://www.employmentsolicitor.com/tips-tackling-long-term-sickness-absence/) - Dealing appropriately with employees on long-term sickness absence from the outset can help achieve an earlier return to work. Where a return is ultimately not possible, it will reduce the prospect of a dispute escalating. Are your managers confident in dealing with your absent employees? These are our top three tips for tackling long-term sickness
- [Employment Law Update: Salary sacrifice benefits, five things employers need to consider](https://www.employmentsolicitor.com/employment-law-update-salary-sacrifice-benefits-five-things-employers-need-consider/) - Benefits in kind have been seen for years by some employers as a useful tool to reward staff. Salary sacrifice arrangements (an agreement between employer and employee to change the terms of the contract and for the employee to agree to give up part of their salary in exchange for non-cash benefits) are popular with
- [Why is our collective mental health 'deteriorating', asks new report](https://www.employmentsolicitor.com/collective-mental-health-deteriorating-asks-new-report/) - It’s Mental Health Awareness Week (8-15 May) and it’s time to look at the issue from a new angle, says the Mental Health Foundation. Rather than ask why so many people are living with mental health problems, the charity wants to uncover why too few of us are thriving with good mental health. Its new report
- [A ‘Brexit bonfire of employment law is not needed’, say employers](https://www.employmentsolicitor.com/brexit-bonfire-employment-law-not-needed-say-employers/) - Employers do not think ‘a Brexit bonfire of employment law’ is necessary, according to new research. However, while there is broad support among employers for the UK’s employment right’s framework, the majority do want ‘fundamental change’ when it comes to employment tribunal fees. As negotiations over the country’s departure from the EU begin, the study
- [Gig economy latest: legal proceedings issued against Hermes over workers' rights](https://www.employmentsolicitor.com/gig-economy-latest-legal-proceedings-issued-hermes-workers-rights/) - The union GMB has launched legal action against the courier giant Hermes. The case is on behalf of eight lead claimant Hermes couriers, who are allegedly being denied their workers’ rights and proceedings have been lodged with the Employment Tribunal by solicitors Leigh Day. Michael Newman, a discrimination and employment law specialist at Leigh Day, says:
- [How you can fit 10,000 steps into the working day](https://www.employmentsolicitor.com/can-fit-10000-steps-working-day/) - Have you ditched the boardroom in favour of striding the streets during meetings, or are you writing emails while you’re on the treadmill? If so, you are part of a growing trend of people who are getting their 10,000 steps done during the nine-to-five. The idea of walking while working makes sense on many levels
- [Companies in the gig economy are free-riding on the welfare state, says a new report.](https://www.employmentsolicitor.com/companies-gig-economy-free-riding-welfare-state-says-new-report/) - Companies in the gig economy are free-riding on the welfare state, says a new report by the Work and Pensions Committee. It calls for the government to close the loopholes that allow “bogus” self-employment practices. In an inquiry that has had to be curtailed because of the election, the Committee heard from "gig economy" companies
- [Older workers are being hit by the gig-economy, says new report](https://www.employmentsolicitor.com/older-workers-hit-gig-economy-says-new-report/) - Older workers are being hit by the gig economy: they’re working fewer hours and not by choice, according to new research. While employment rates for older workers have increased in the UK, since the 2008 recession – as has been widely reported – the ‘hidden flip side’ is that the number of hours worked on
- [Gig-economy: union launches proceedings against DX, in latest 'uber-style'](https://www.employmentsolicitor.com/gig-economy-union-launches-proceedings-dx-latest-uber-style/) - The GMB union has launched proceedings against delivery company DX. The new case, which is being represented by law firm Leigh Day, is on behalf of six lead claimant DX workers, who claim they are being denied their rights as workers. The GMB says that if the case is successful, the result will force DX to
- [Rising costs of sponsoring non-EEA nationals](https://www.employmentsolicitor.com/rising-costs-sponsoring-non-eea-nationals/) - A recent set of changes to the Immigration Rules means that as of 6 April 2017, it became far more expensive to sponsor migrants from outside the EEA under Tier 2 of the Points-Based System. These changes affect all Tier 2 sponsors but are likely to have the greatest impact on those companies which regularly
- [Britain is fast-becoming a 'low-value, low skills economy', says new report](https://www.employmentsolicitor.com/britain-fast-becoming-low-value-low-skills-economy-says-new-report/) - The UK is sleepwalking into a low-value, low-skills economy, ill-prepared for its post-Brexit future, according to a new report by the CIPD. It says that twenty years of under-investment and failed policy on skills has contributed to Britain lagging well behind its competitors in Europe on at least four key measures (literacy and numeracy, learning
- [Mothers are paid 3% less per child](https://www.employmentsolicitor.com/mothers-paid-3-less-per-child/) - The government may hope that gender pay gap reporting will eliminate discrepancies (and boost the GDP to £150bn by 2025) but what about the motherhood pay gap? Mothers are paid three per cent less for every child they have, compared to their female colleagues who do not have children, new research from Université Paris-Saclay reveals. Meanwhile, fathers
- [Five things we learned in employment law this week (7 April)](https://www.employmentsolicitor.com/five-things-learned-employment-law-week-7-april/) - The EAT has determined that if a second early conciliation certificate is issued, this has no impact on extending the limitation period for bringing a claim in the Employment Tribunal (Commissioners for HM Revenue and Customers v Garau). 2. The Supreme Court has overturned the Court of Appeal decision that claimants are required to prove the
- [Gender pay gap reporting: the GDP could grow by £150bn by 2025 if gap closes](https://www.employmentsolicitor.com/gender-pay-gap-reporting-gdp-grow-150bn-2025-gap-closes/) - Thousands of employers must publish their gender pay gaps within the next year under a new legal requirement. Companies with 250 or more employees will be required to publish their gender pay gap figures by April 2018. The regulations will cover approximately 9,000 employers with over 15 million employees, representing nearly half of the UK’s
- [Digital DIY: how employers can put together a social media strategy](https://www.employmentsolicitor.com/digital-diy-employers-can-put-together-social-media-strategy/) - Employees like, dislike, emoji this, hashtag that, snap, comment, re-tweet and share on just about anything and everything, says Karen Seward, partner at Allen & Overy LLP. However, there are comprehensive, empowering, non-draconian ways employers can protect their interests. We all know how little respect social media platforms have for boundaries. Social media has infiltrated
- [Five things we learnt in employment law this week (31 March)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-31-march/) - An Employment Tribunal has held that an Excel Cycle courier is a worker. This was the second of four employment status cases in the Employment Tribunal against courier companies (Boxer v Excel Group Services Ltd). 2. The Court of Appeal has held that an Employment Tribunal cannot reject an employer's justification defence in an indirection
- ["Uber-style" gig economy legal case launched against Amazon logistics firm](https://www.employmentsolicitor.com/uber-style-gig-economy-legal-case-launched-amazon-logistics-firm/) - GMB union today launched legal action against national logistics company UK Express, on behalf of workers at Amazon. It’s the latest case in a long line of legal battles around what the union describes as “bogus self-employment”. UK Express drivers should fall into the same category as Uber drivers, says the GMB, in that although
- [Article 50 triggers change for the UK's immigration policy](https://www.employmentsolicitor.com/article-50-triggers-change-uks-immigration-policy/) - Now that Article 50 has been triggered, we’ve started a process that will have significant implications for the UK’s immigration policy and EU migrant workers, says the CIPD. Furthermore, exiting the EU may also bring changes to our employment legislation and frameworks. Figures already show a reduced flow of migrant workers from the EU into
- [Live updates: day two of the Supreme Court hearing of Unison's challenge on employment tribunal fees](https://www.employmentsolicitor.com/live-updates-day-two-supreme-court-hearing-unisons-challenge-employment-tribunal-fees/) - EmploymentSolicitor.com has teamed up with Mark Greaves, Pupil Barrister at Old Square Chambers. Mark is at the Supreme Court and will be live tweeting updates throughout the day. Background Before July 2013 claimants did not have to pay a fee to bring an employment tribunal claim. Since fees were introduced, the number of employment tribunal
- [Are you reaping the benefits of a diverse workforce?](https://www.employmentsolicitor.com/reaping-benefits-diverse-workforce/) - Employers should take a positive stance when it comes to having a diverse workforce, says Katherine Maxwell, Partner and Head of Employment at Moore Blatch. Here, she looks at how employers can create fairer workplaces, invest in a broad range of talent and reap the benefits. According to a government-backed review, if Black and Ethnic
- [Five things we learnt in employment law this week (24 March)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-24-march/) - When calculating the time limit for bringing a claim, no account should be taken of time when the claim was with ACAS for Early Conciliation but the effective date of termination had not yet occurred (Fergusson v Combat Stress). 2. If an employment contract is silent on when notice is deemed to be given, the
- [Are fathers being failed in the workplace? Committee hears evidence.](https://www.employmentsolicitor.com/fathers-failed-workplace-committee-hears-evidence/) - Many fathers want to be just as involved in their children’s lives as mothers do but fear asking for more flexible hours might damage their careers, says the chairman of a new inquiry into the issue. Conservative MP Maria Miller, Chair of the Women and Equalities Committee, says: "In many workplaces men can still find
- [UK CEOs earn 386 times more than workers on the national living wage](https://www.employmentsolicitor.com/uk-ceos-earn-386-times-workers-national-living-wage/) - The average CEO in the UK’s top 100 companies now earns £5.3m each year – that’s 386 times of that of a worker earning the National Living Wage. The new analysis by The Equality Trust finds that over two thirds of FTSE 100 CEOs are paid more than 100 times the average UK salary and
- [Brexit and EU National Immigration – What do we now know?](https://www.employmentsolicitor.com/brexit-eu-national-immigration-now-know/) - As the news breaks that Theresa May will trigger article 50 on Wednesday 29 March to kick-start the Brexit process, we ask what this means for employers and EU nationals in the UK. Here, Vikki Wiberg, senior counsel in the Employment, Pensions and Mobility team at International law firm Taylor Wessing, looks at what we
- [Five things we learnt in employment law this week (17 March)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-17-march/) - An Employment Tribunal has struck out a claim for unreasonable conduct after a claimant discussed her case with a journalist during an adjournment while she was still under oath (Chidzoy v British Broadcasting Corporation). 2. The ECJ has held that a rule prohibiting employees wearing visible signs of political, philosophical or religious belief is not directly discriminatory
- [Gig economy workers call for government to regulate industry](https://www.employmentsolicitor.com/gig-economy-workers-call-government-regulate-industry/) - Nearly two-thirds of people working in the gig economy believe the Government should regulate to guarantee them basic employment rights and benefits. That’s according to a new report ‘To gig or not to gig: Stories from the modern economy’ from the CIPD, the professional body for HR and people development. The report suggests that four
- [The row after the laughter ... How to deal with unconscious racial bias in the workplace.](https://www.employmentsolicitor.com/row-laughter-deal-unconscious-racial-bias-workplace/) - The video of Professor Robert Kelly being interrupted by his two young (and adorable) children, whilst he was giving a live interview to the BBC, had millions of people roaring with laughter, writes Daniela Cohen, an associate in the Sheridans Employment and Business Immigration Group. It was quite simply hilarious to watch these two
- [ECJ ruling on 'banning headscarves' is a 'large backwards step'](https://www.employmentsolicitor.com/ecj-ruling-banning-headscarves-large-backwards-step/) - Employers can’t simply “ban headscarves” following the new European Court of Justice ruling, say employment solicitors, who warn that the case should be treated with caution. While it has provided sensationalist headlines in the press and a furore on social media, employment solicitors claim that the recent ECJ ruling has not provided clarity on the
- [New figures show an increase in zero-hours contracts](https://www.employmentsolicitor.com/new-figures-show-increase-zero-hours-contracts/) - Zero-hour contracts now represent nearly three per cent of all people in employment in the UK. Official figures from the Labour Force Survey (LFS) estimate that 905,000 people were on a contract with no guaranteed weekly hours in the last three months of 2016. The figure is 101,000 higher than that for October to December
- [Five steps employers can take to improve their Modern Slavery reporting](https://www.employmentsolicitor.com/five-steps-employers-can-take-improve-modern-slavery-reporting/) - The first tranche of annual statements showing the actions that businesses have taken to combat modern slavery have now been published by employers. So, what can we learn from them? Phil Allen, Partner and employment law specialist at Weightmans LLP, suggests five steps that employers can take to improve their modern slavery reporting. March 2017
- [Gender Pay Gap Reporting: Five things employers need to know](https://www.employmentsolicitor.com/gender-pay-gap-reporting-five-things-employers-need-know/) - With new gender pay gap reporting obligations set to come into force next month, employers are turning their attention to how they will comply with the new regime. In this piece, Dominic Holmes, Partner at Taylor Vinters, outlines five key things employers need to consider. From 2017 and each subsequent year, an employing entity with
- [Five things we learnt in employment law this week (10 March)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-10-march/) - The Employment Appeal Tribunal has held that an Employment Tribunal was wrong to allow a claimant to amend their claim to introduce new claims while deferring the question of whether the new claims were brought out of time. When time-bar is an issue in a proposed amendment, it is an integral part of the decision
- [Mental health: the New Year resolutions employers need to make.](https://www.employmentsolicitor.com/mental-health-new-year-resolutions-employers-need-make/) - After a very busy Christmas period, people can come back to the office feeling refreshed and rejuvenated. But unfortunately, people can also come back with a serious case of the January blues, writes Karen Jackson, director at Didlaw. In fact, the third Monday of January is popularly referred to as ‘Blue Monday’, the most depressing day
- [Potential legal risks for employers attempting to diversify.](https://www.employmentsolicitor.com/potential-legal-risks-employers-attempting-diversify/) - Employers should promote diversity in their workforce but some do make mistakes. Here, Caroline Noblet, head of Employment at Squire Patton Boggs, looks at how to manage the legal risks of employers attempting to diversify. A few weeks ago the McGregor-Smith Review, an independent report commissioned by the UK Government, called on employers to remove the
- [Gig-economy - Legal action launched in latest case of ‘forced self-employment’](https://www.employmentsolicitor.com/gig-economy-legal-action-launched-latest-case-forced-self-employment/) - GMB has announced it will start legal action on behalf of members working as couriers for delivery company, DX. The union says that legal action will be taken with the aim of securing rights on pay, holidays, health and safety, discipline and grievances, on behalf of members who work as couriers and drivers for DX.
- [Gender pay gap in Britain is "shaped by racial inequality"](https://www.employmentsolicitor.com/gender-pay-gap-britain-shaped-racial-inequality/) - Analysis of the gender pay gap by ethnicity reveals real inequalities, according to a report published today. While some minority ethnic groups are making great strides, pay for others lags far behind, says the Gender Pay Gap by Ethnicity in Britain report by the Fawcett Society. Its calculations are based on the gender pay gap
- [Five things we learnt in employment law this week (3 March)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-3-march/) - The Supreme Court has refused British Gas permission to appeal in the case of Lock v British Gas. This means that the Court of Appeal decision, which said that commission should be reflected in holiday pay, will stand. The case will now return to the Employment Tribunal to consider some of the outstanding issues. 2. The
- [A million workers on zero hours contracts: "inevitable"](https://www.employmentsolicitor.com/million-workers-zero-hours-contracts-inevitable/) - The number of people on zero hours contracts has risen to a new high of 910,000. New figures based on an analysis of Office for National Statistics (ONS) data reveal that 105,000 more people were on contracts that do not guarantee work in 2016 compared with the same period in 2015. If that rapid growth
- [Peninsula Business Service Limited v Baker (disability harassment and victimisation)](https://www.employmentsolicitor.com/peninsula-business-service-limited-v-baker-disability-harassment-victimisation/) - Peninsula Business Service Limited v Baker - Appeal No. UKEAT/0241/16/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 2 February 2017 Judgment handed down on 1 March 2017 Before THE HONOURABLE MRS JUSTICE ELISABETH LAING DBE (SITTING ALONE) PENINSULA BUSINESS SERVICE LIMITED APPELLANT MR L P BAKER
- [Capita Translation and Interpreting Limited v Siauciunas (worker and employee status)](https://www.employmentsolicitor.com/capita-translation-and-interpreting-limited-v-siauciunas/) - Capita Translation and Interpreting Limited v Siauciunas - Appeal No. UKEAT/0181/16/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 12 January 2017 Judgment handed down on 23 February 2017 Before HIS HONOUR JUDGE HAND QC (SITTING ALONE) CAPITA TRANSLATION AND INTERPRETING LIMITED APPELLANT (1) MR R SIAUCIUNAS (DEBARRED)
- [Employers should commit to diversity at different pay bands, says review](https://www.employmentsolicitor.com/racial-discrimination-in-the-workplace-could-cost-the-uk-economy-24bn-a-year/) - The UK economy could be boosted by £24bn-a-year if black and minority ethnic (BME) people progressed in work at the same rate as their white counterparts, says a government-backed review, which has been published today. The independent Baroness McGregor-Smith Review, found people from BME backgrounds are still being held back in the workplace because of
- [Are you underpaid? New Government campaign aims to raise lowest paid workers’ knowledge of their rights](https://www.employmentsolicitor.com/underpaid-new-government-campaign-aims-raise-lowest-paid-workers-knowledge-rights/) - Are tips counted as part of your pay? You could be underpaid. Don’t get paid for work travel? You could be underpaid. These are some of the messages from the new nationwide Government campaign, which launches today. It’s aimed at increasing low paid workers’ understanding of their rights around pay. The advertising on public transport,
- [Mental health: why can't employees speak out?](https://www.employmentsolicitor.com/mental-health-cant-employees-speak/) - THREE quarters of employees in the legal profession are uncomfortable speaking out about mental health issues. That’s according to a new survey, which asked senior business decision makers in the legal profession, whether employees at their organisation felt able to talk about their mental health. The YouGov study, commissioned by jobs board totaljobs, found that
- [Five things we learnt in employment law this week (17 February 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-17-february-2017/) - The Equality and Human Rights Commissions has confirmed that it accepts the government's view that a company's failure to comply with the requirement to publish gender pay gap figures will be an unlawful act under the Equality Act 2006. 2. The Home Office has published further details regarding the Immigration Skills Charge in an addendum
- [Avoiding a culture of sexism in the workplace](https://www.employmentsolicitor.com/avoiding-culture-sexism-workplace/) - Despite significant steps forward over recent decades - including the forthcoming introduction of gender pay gap reporting - the lack of female representation at Board level, the recent parliamentary report on dress codes at work and President Trump’s infamous ‘locker room talk’ all demonstrate that sexism in the workplace still needs to be tackled. Creating
- [Five common mistakes employers make handling grievances](https://www.employmentsolicitor.com/five-common-mistakes-employers-make-handling-grievances/) - Grievances take a wide variety of forms. Handle it well and you can often avoid issues from escalating, and even increase the faith employees have in their employer. Handle it badly and anything from disillusionment to full blown litigation can follow, writes Colin Godfrey, senior associate in the Employment, Pensions and Mobility group at Taylor
- [Singh -v- Pennine Care NHS Foundation Trust (Flexible working)](https://www.employmentsolicitor.com/singh-v-pennine-care-nhs-foundation-trust-flexible-working/) - MISS J SINGH -v- PENNINE CARE NHS FOUNDATION TRUST - Appeal No. UKEAT/0027/16/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 6 December 2016 Before THE HONOURABLE MR JUSTICE KERR (SITTING ALONE) MISS J SINGH
- [Lloyd's of London calls time on liquid lunches](https://www.employmentsolicitor.com/lloyds-london-calls-time-liquid-lunches/) - The days of the liquid lunch may be over now that Lloyd’s of London has called time on daytime drinking. Lloyd’s has told its 800 employees that they are not allowed to drink alcohol between 09:00 and 17:00. The booze ban applies to its staff, not brokers or underwriters doing business in the insurance market.
- [Gig-economy costs the Government £4 billion a year](https://www.employmentsolicitor.com/gig-economy-costs-government-4-billion-year/) - Zero-hours contracts and low-paid self-employment costs the Exchequer an estimated £4 billion a year, according to a new TUC report published today. The report: The impact of increased self-employment and insecure work on the public finances, says that the total being lost to the Treasury from the rise in precarious working is more than £75 million
- [Pimlico Plumbers: Another spanner in the works of the gig economy?](https://www.employmentsolicitor.com/pimlico-plumbers-another-spanner-works-gig-economy/) - After the Uber case and the CitySprint case, both heard recently in the Employment Tribunal, the Court of Appeal has released a further decision on worker status for freelance operators. This is the highest court to consider a case on the so-called "gig economy". Here, Udara Ranasinghe, Partner in the Employment and Pensions Group at DAC Beachcroft LLP
- ["Oh, we forgot about you." – The risks arising from employees on long-term sick leave](https://www.employmentsolicitor.com/oh-forgot-risks-arising-employees-long-term-sick-leave/) - The larger an organisation the easier it is for employees on long term sick, to drop down the back of the virtual filing cabinet. Here, Beverley Sunderland, managing director, at Crossland Employment Solicitors looks at what employers should do when they remember about a 'forgotten' employee. It can be a case of ‘out of sight
- [Malingering in the Workplace: the put on and the put upon](https://www.employmentsolicitor.com/malingering-workplace-put-put-upon/) - Absenteeism is a serious problem for employers and malingering ought to be stamped out, says Beth Baird, senior associate at Birketts LLP. Here, she considers the best way of approaching the problem. On the first Monday of February this year an estimated 375,000 workers called in sick. “National sickie day” costs employers over £30m. Some
- [Gig-economy: Court of Appeal rules against Pimlico Plumbers over self-employed status](https://www.employmentsolicitor.com/gig-economy-court-appeal-rules-pimlico-plumbers-self-employed-status/) - The Court of Appeal’s ruling on Pimlico Plumbers Ltd v Smith is ‘significant’ but ‘not surprising’, according to employment solicitors. Today’s ruling by the Court of Appeal has upheld the EAT’s decision, which found that the plumbers in this case were workers but not employees. This ruling is a major milestone because this is the
- [Five Things We Learnt In Employment Law This Week (10 February)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-10-february/) - The Court of Appeal has upheld the EAT's decision in the latest gig economy case, finding that a 'self-employed' plumber was in fact a worker (Smith v Pimlico Plumbers Ltd & others) 2. In other gig economy news, Uber has lodged an appeal to the EAT challenging the Tribunal judgment that its drivers are workers. The
- [Who and what is next in the "gig economy" litigation?](https://www.employmentsolicitor.com/next-gig-economy-litigation/) - First Uber. Then CitySprint. Who and what is next in the "gig economy" litigation? In this piece, Annie Powell, a solicitor in the employment and discrimination team at Leigh Day, examines an area of the gig-economy that's ripe for employment status litigation... There are more employment status cases already waiting in the wings, including claims
- [The UK’s top companies must be more ambitious in their approach to tackling social mobility](https://www.employmentsolicitor.com/uks-top-companies-must-ambitious-approach-tackling-social-mobility/) - The UK’s top companies must be more ambitious in their approach to tackling social mobility, says the City of London Corporation. A level playing field of opportunity is in “the best interests” for all businesses, points out Mark Boleat, Policy Chairman at the City of London Corporation. He warned that the UK’s long-term economic sustainability
- [Gig economy drivers tell MPs they're trapped in low income jobs, working long hours](https://www.employmentsolicitor.com/gig-economy-drivers-tell-mps-theyre-trapped-low-income-jobs-working-long-hours/) - Gig-economy drivers and couriers have told MPs they are trapped in low income jobs, sometimes working more than 60 hours a week. Current and former Uber, Hermes and Deliveroo couriers and drivers were speaking to the Commons Work and Pensions Select Committee, on Monday, about the vulnerabilities and benefits of working in the so-called gig
- [Public services can replace workers with robots and become the next Uber, using the gig economy, says report](https://www.employmentsolicitor.com/public-services-can-replace-workers-robots-become-next-uber-using-gig-economy-says-report/) - Almost 250,000 public sector workers could be replaced by robots over the next 15 years. That’s according to a new report, which suggests that automating jobs and embracing the gig-economy would save billions and make the sector more efficient. The report, by think tank Reform says that public services, such as hospitals and schools should
- [The Anonymous Lawyer is stuck in a JAM about employment tribunal fees](https://www.employmentsolicitor.com/anonymous-lawyer-stuck-jam-employment-tribunal-fees/) - Got something to say about employment law but not sure you want your name attached? Worried about what they'll think at work? (No one knows the risks better than you.) Here's your space. Being the Anonymous Lawyer means you can share thoughts/rant and rave/spark a debate ... and stay incognito. So, whenever you want to
- [Urso v Department for Work & Pensions (Disability Discrimination)](https://www.employmentsolicitor.com/urso-v-department-work-pensions-disability-discrimination/) - URSO v DEPARTMENT FOR WORK & PENSIONS - Appeal No. UKEAT/0045/16/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal on 17 November 2016 Judgment handed down on 25 January 2017 Before THE HONOURABLE MR JUSTICE SUPPERSTONE (SITTING ALONE) MISS I V URSO
- [Five things we learnt in employment law this week (2 February 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-2-february-2017/) - Public sector exit payments have been capped at £95,000 with effect from 1 February 2017. 2. ACAS has published guidance for employers on the gender pay gap, and gender pay reporting in compliance with legislation. 3. The Ministry of Justice has published its review of the employment tribunal fees. It concluded that, while the introduction
- [The Apprenticeship Levy: Do good intentions make for bad policy?](https://www.employmentsolicitor.com/apprenticeship-levy-good-intentions-make-bad-policy/) - There are few employers who would say that alternative routes into the workplace are a bad thing. Why, then, are there reports of the UK business community lobbying the government to abandon George Osborne’s ‘Apprenticeship Levy’? Janette Lucas, Employment lawyer at Squire Patton Boggs, explains. For many employers, these are tough times. The nature and
- [Redundancy and the implication of mobility clauses](https://www.employmentsolicitor.com/redundancy-implication-mobility-clauses/) - The relationship between redundancy and the utilisation of mobility clauses has been the focal point of many recent contentious legal debates. Whether or not an employer can rely on an express mobility clause in an employee’s contract of employment as an alternative to redundancy is a question that has received apparently more than one correct
- [Brexit could “turn the clock back” on women’s rights, says the Fawcett Society, as it launches review](https://www.employmentsolicitor.com/brexit-turn-clock-back-womens-rights-says-fawcett-society-launches-review/) - Brexit could “turn the clock back” on women’s rights, says campaigning charity, the Fawcett Society. It says that long-established rights could be eroded or weakened as a result of Brexit and the UK leaving the EU single market. The charity has launched a major review of the UK’s sex discrimination laws, in response to the
- [METROLINK RATPDEV LTD v MORRIS](https://www.employmentsolicitor.com/metrolink-ratpdev-ltd-v-morris/) - METROLINK RATPDEV LTD v MORRIS - Appeal No. UKEAT/0113/16/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal
- [Five things we learnt in employment law this week (26 January)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-26-january/) - The Court of Appeal has held that gross negligence can constitute gross misconduct. The case concerned a manager who became aware that another manager had sent an email which attempted to interfere in an important management consultation exercise, but had done nothing to remedy the situation. The court determined that the negligence was so serious
- [Court of Appeal Delivers Judgment: Adesokan v Sainsbury](https://www.employmentsolicitor.com/court-appeal-delivers-judgement-adesokan-v-sainsbury/) - The Court of Appeal has delivered its Judgment on the Adesokan v Sainsbury case. Here's the link to the judgement: Adesokan v Sainsbury Mr Adesokan was summarily dismissed for gross misconduct by Sainsbury's after having been employed by the company for 26 years. He sued for wrongful dismissal. The court had to decide whether he
- [Employers need to boost the nation's health](https://www.employmentsolicitor.com/employers-need-boost-nations-health/) - Employers have a major role to play in supporting the nation’s well-being – because a fifth of us say our levels of happiness fall while we are at work, according to new research. In fact, being at work is the most common situation in which people feel their happiness is decreased. “The challenge for employers
- [Kellogg Brown & Root (UK) Ltd v Fitton and Ewer](https://www.employmentsolicitor.com/kellogg-brown-root-uk-ltd-v-fitton-and-ewer/) - KELLOGG BROWN & ROOT (UK) LTD v FITTON & EWER - UKEAT/0205/16/BA & UKEAT/0206/16/BA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 21 November 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) UKEAT/0205/16/BA KELLOGG BROWN & ROOT (UK) LTD APPELLANT MR D FITTON
- [Kingsmoor Packaging Limited v Fytche](https://www.employmentsolicitor.com/kingsmoor-packaging-limited-v-fytche/) - KINGSMOOR PACKAGING LIMITED v FYTCHE - Appeal No. UKEAT/0011/16/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 8 December 2016 Before THE HONOURABLE MRS JUSTICE SLADE DBE (SITTING ALONE) KINGSMOOR PACKAGING LIMITED APPELLANT MR T FYTCHE
- [Taylor v Ladbrokes Betting and Gaming Ltd](https://www.employmentsolicitor.com/taylor-v-ladbrokes-betting-gaming-ltd/) - MR P TAYLOR v LADBROKES BETTING AND GAMING LTD - Appeal No. UKEAT/0353/15/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 16 December 2016 Before HIS HONOUR JUDGE HAND QC (SITTING ALONE) MR P TAYLOR
- [The Home Office (UK Visas & Immigration) v Ms P Kuranchie](https://www.employmentsolicitor.com/home-office-uk-visas-immigration-v-ms-p-kuranchie/) - THE HOME OFFICE (UK VISAS & IMMIGRATION) v MS P KURANCHIE - Appeal No. UKEAT/0202/16/BA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 14 December 2016 Judgment handed down on 19 January 2017 Before HIS HONOUR JUDGE PETER CLARK MR M SIBBALD MS P TATLOW THE HOME OFFICE
- [Five things we learnt in employment law this week (20 January)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-20-january/) - An Employment Tribunal has determined that transitional provisions attached to reforms of the judicial pension scheme had an age discriminatory effect, which could not be objectively justified (McCloud and ors v Lord Chancellor and ors). 2. The First Tier Tax Tribunal (FTTT) has held that a checklist approach should not be taken to the indicators
- [BMC Software Ltd v Ms A Shaikh](https://www.employmentsolicitor.com/bmc-software-ltd-v-ms-shaikh/) - BMC Software Ltd v Ms A Shaikh - Appeal No. UKEAT/0092/16/DM EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 4 & 5 January 2017 Before HIS HONOUR JUDGE HAND QC (SITTING ALONE) BMC SOFTWARE LTD
- [Five things we learnt in employment law this week (12 January 2017)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-12-january-2017/) - The Government has set out a programme for reforming apprenticeships. This includes establishing an Institute for Apprenticeships, an independent body which will guarantee the integrity of the apprenticeships system. The Institute is due to be launched in April 2017. 2. An Employment Tribunal has held that a CitySprint bicycle courier should be classed as a
- [Unscrupulous bosses give bizarre excuses for not paying the National Minimum Wage](https://www.employmentsolicitor.com/unscrupulous-bosses-give-bizarre-excuses-not-paying-national-minimum-wage/) - Unscrupulous bosses claim that some employees don’t have a “right” to be paid the National Minimum Wage while others don’t “deserve” it. To mark a new £1.7m awareness campaign (aimed at ensuring workers receive the correct pay) the Government has listed some of the bizarre reasons given for not paying staff the minimum wage. They
- [Gig-economy: employment tribunal rules that cycle courier has right to holiday pay](https://www.employmentsolicitor.com/gig-economy-employment-tribunal-rules-cycle-courier-right-holiday-pay/) - A cycle courier working has won the right to paid holidays and minimum pay in the latest “gig economy” case. A central London employment tribunal ruled that CitySprint, the delivery firm which the courier, Mags Dewhurst, worked for, had unlawfully failed to award her holiday pay. The firm had also wrongly classed her as a
- [Charitable work makes companies better employers, says new research](https://www.employmentsolicitor.com/charitable-work-makes-companies-better-employers-says-new-research/) - Companies which support good causes are at an advantage in ‘Massive Monday’ recruitment race Firms that have a strong track record of supporting charities mean more people want to work for them, new research shows. The study, commissioned by the Charities Aid Foundation (CAF) found that one in four people said they would be more
- [How can employers encourage healthy lifestyles without size-ist attitudes?](https://www.employmentsolicitor.com/can-employers-encourage-healthy-lifestyles-without-size-ist-attitudes/) - Cycling to the office, ditching the dairy or going for a dry January? Signing up for a healthy lifestyle change can kick-start your new year but when you're at work, it's tricky to stick to resolutions. Monday (9 January) marks the start of JanUary 2017, an initiative run by the National Obesity Forum. It’s encouraging
- [Right to work but not right to employ?](https://www.employmentsolicitor.com/right-work-not-right-employ/) - The Employment Tribunal decision in Baker v Abellio London Ltd will have been read with interest by employers who need to dismiss staff who fail to provide evidence of their right in the UK. Vikki Wiberg, senior counsel in Taylor Wessing's Employment Group, looks at the case and considers what employers could do in this
- [One size fits all? Obesity at work: what employers need to know.](https://www.employmentsolicitor.com/one-size-fits-obesity-work-employers-need-know/) - Plenty of people kick off the new year with a resolution to get fit and lose weight. However, for employers, it can be a year-round challenge to encourage employees to foster a healthy lifestyle, while also not creating a size-ist culture in the workplace. Katherine Maxwell, head of employment law at Moore Blatch LLP Solicitors
- [Sir David Metcalf named as Director of Labour Market Enforcement](https://www.employmentsolicitor.com/sir-david-metcalf-named-director-labour-market-enforcement/) - A government crackdown on exploitation in the workplace will be headed up by Sir David Metcalf. As the newly-appointed Director of Labour Market Enforcement, he will set the strategic priorities for the Gangmasters and Labour Abuse Authority, Employment Agency Standards Inspectorate and HMRC’s National Minimum Wage enforcement team. “While the UK is by and large
- [Five things we learnt in employment law this week (22 December 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-22-december-2016/) - According to CIPD just 5% of new fathers and 8% of new mothers have opted to take shared parental leave since it was introduced in April 2015. 2. A recent survey from XpertHR has revealed that seven in ten organisations now use social media such as LinkedIn, Facebook and Twitter for recruitment purposes. 3. The
- [Belfast 'gay cake' case cannot be referred to the Supreme Court, say judges](https://www.employmentsolicitor.com/belfast-gay-cake-case-cannot-referred-supreme-court-say-judges/) - The so-called Belfast “gay cake” case will not go to the UK supreme court. The bid by Northern Ireland attorney general to get the UK’s highest court to review rulings against Ashers Bakery has failed. Attorney General John Larkin QC sought to refer the verdict against the bakery to the UK’s highest court, under devolution
- [Proper pressure: the without prejudice rule, pre-termination negotiations and constructive unfair dismissal](https://www.employmentsolicitor.com/proper-pressure-without-prejudice-rule-pre-termination-negotiations-constructive-unfair-dismissal/) - What is a protected 'without prejudice' conversation and what rules apply when an employer wants to negotiate with an employee off the record? Sarah Calderwood, employment partner at Manchester law firm Slater Heelis LLP looks at the rules of pre-termination negotiations, including how employers can lower the risk of constructive unfair dismissal claims. Pre-termination negotiations, or
- [Herry v Dudley Metropolitan Borough Council and Governing Body of Hillcrest School](https://www.employmentsolicitor.com/herry-v-dudley-metropolitan-borough-council-and-governing-body-of-hillcrest-school/) - Herry v Dudley Metropolitan Borough Council and Governing Body of Hillcrest School Appeal No. UKEAT/0100/16/LA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 29 July 2016 Judgment handed down on 16 December 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON MRS R CHAPMAN MR M SMITH OBE JP UKEAT/0100/16/LA
- [Five things we learnt in employment law (16 December).](https://www.employmentsolicitor.com/five-things-learnt-employment-law-16-december/) - HMRC has published draft clauses for the Finance Bill 2017. These include changes to the taxation of termination payments, changes to salary sacrifice benefits and the removal of tax reliefs associated with employee shareholder status. 2. The final Gender Pay Gap Reporting Regulations have been published (subject to Parliamentary approval). 3. The President of the
- [What can employers do to retain older workers? New report from the Department for Work and Pensions.](https://www.employmentsolicitor.com/can-employers-retain-older-workers-new-report-department-work-pensions/) - Nearly two-thirds of employees say they expect to retire in their 60s, and 17 per cent expect to retire in their 70s. That’s according to a new report by the Department for Work and Pensions (DWP). The Attitudes to Working in Later Life report highlighted areas where employers could make changes to retain older workers.
- [Uber appeals Employment Tribunal ruling that its drivers are workers](https://www.employmentsolicitor.com/uber-appeals-employment-tribunal-ruling-drivers-workers/) - Uber is appealing against the recent employment tribunal ruling that its drivers should be given worker status. Uber’s taxi app business model has been based on treating drivers as self-employed contractors. Classing the drivers as workers would change this significantly. It would mean drivers would be entitled to the minimum wage, sick pay and paid
- [Five things we learnt in employment law this week (9 December 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-9-december-2016/) - The Government has launched a consultation on reforming the employment tribunal system. Among the proposals include fully digitising the claims process and delegating some case management tasks from judges to case workers. 2. The European Court of Justice has held that a temporary incapacity can constitute disability if sufficiently long-term. This case involved a kitchen
- [The Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Former Acting Bishop of Southwell and Nottingham](https://www.employmentsolicitor.com/3301-2/) - The Reverend Canon J C Pemberton v The Right Reverend Richard Inwood, Former Acting Bishop of Southwell and Nottingham Appeal No. UKEAT/0072/16/BA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal on 8 & 9 September 2016 Judgment handed down on 7 December 2016 Before HER HONOUR JUDGE EADY QC
- [The Gender Pay Gap Regulations: what do employment lawyers think?](https://www.employmentsolicitor.com/gender-pay-gap-regulations-employment-lawyers-think/) - We have waited a long time for the final version of the Gender Pay Regulations to be published. But now we've read them, they are best described as a “tiny step” in the ongoing fight against gender inequality, say leading employment solicitors. While the new draft regulations contain more detail, there’s still lots to be
- [Five things we learnt in employment law this week (18 August 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-18-august-2016/) - Vexatious job applicants are not protected by European discrimination legislation (Kratzer v R+V Allgemeine Versicherung AG). 2. An ET should not strike out a defence unless it is satisfied that a fair trial is no longer possible (Arriva North London v Maseya). 3. Thousands of Sports Direct workers will receive minimum wage back pay totalling £1million.
- [Madani Schools Federation v Uddin](https://www.employmentsolicitor.com/madani-schools-federation-v-uddin/) - MADANI SCHOOLS FEDERATION V UDDIN Appeal No. UKEAT/0194/16/BA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 14 November 2016 Judgment handed down on 24 November 2016 Before HIS HONOUR JUDGE SHANKS (SITTING ALONE) MADANI SCHOOLS FEDERATION APPELLANT MR F UDDIN
- [Anger management: what happens if an employee is out of control?](https://www.employmentsolicitor.com/anger-management-happens-employee-control/) - It's National Anger Awareness Week and with the recent tragic Christmas party case, there couldn't be a better time to look at how to manage anger at work. Nearly two thirds of office workers have experienced office rage and 45% of staff regularly lose their temper, according to figures from the British Association of Anger
- [Five things we learnt in employment law this week (2 December)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-2-december/) - A Spanish police force has successfully justified setting a maximum age of 35 for new recruits, on the basis of physical capability and the length of service they could provide after recruitment (Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias). 2. From April 2017 salary sacrifice schemes will be restricted to certain benefits, including
- [What happens at the Christmas party happens "at work"...](https://www.employmentsolicitor.com/happens-christmas-party-happens-work/) - For some, the office Christmas party is the social event of the year. For others, it’s to be either endured or avoided at all costs. So what employers need to do is throw an inclusive event, which goes without a hitch (and without any complaints or claims to deal with in the New Year, either).
- [Hampshire County Council v Wyatt](https://www.employmentsolicitor.com/hampshire-county-council-v-wyatt/) - HAMPSHIRE COUNTY COUNCIL v WYATT Key issues: Disability discrimination compensation, personal injury, whether there is a need for medical evidence to prove injury and causation of injury, causation and attribution of loss / injury arising from discrimination, unfair dismissal compensation, future loss award. Appeal No. UKEAT/0013/16/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y
- [Alcohol in the workplace: 'I think you've had enough...'](https://www.employmentsolicitor.com/alcohol-workplace-i-think-youve-enough/) - From a glass of fizz at a leaving do to liquid lunches on Fridays, there are plenty of occasions to have a drink with colleagues. But alcohol and work can be a tricky mix. As the Christmas approaches, David Whincup, partner at Squire Patton Boggs takes a look at what employers need to know... Williams, Turner
- [I’m an employer, get me out of here!](https://www.employmentsolicitor.com/im-employer-get/) - You can tango round the ballroom, bake a showstopper sponge, eat spiders in the jungle or have a bust-up in the boardroom with Lord Sugar. There are endless opportunities to appear on reality television. But will you have a job to come back to? Katie Mahoney, a solicitor with Doyle Clayton, looks at what employers need to
- [Government review: Experts take to the road to research the gig economy](https://www.employmentsolicitor.com/government-review-experts-take-road-research-gig-economy/) - An expert team is going on the road to see how the gig-economy is affecting workers’ rights. The tour will include visits to Maidstone, Coventry and Glasgow, as experts talk to employers and employees about the UK labour market. It’s part of the Government’s research project to reveal the scale of gig working and the
- [Why are lawyers afraid to ask for flexible hours?](https://www.employmentsolicitor.com/lawyers-afraid-ask-flexible-hours/) - Over a third of lawyers feel uncomfortable talking to their employer about flexible hours. That’s despite the majority (86%) actively looking for flexible working options before joining a new company. And the fact that it’s so important that over two thirds (67%) would rather choose flexible working over a five per cent salary increase. The
- [Social media activity: could older, less tech-savvy employees be at risk?](https://www.employmentsolicitor.com/social-media-activity-older-less-tech-savvy-employees-risk/) - The use and variety of social media has exploded in recent years and, as a result, social media potentially has an impact on all aspects of the employment relationship from recruitment to termination. Employers should consider if there is a risk that this could inadvertently lead to age discrimination issues, writes Kerry Garcia, partner, and
- [Five things we learnt in employment law this week (24 November 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-24-november-2016/) - A claim for an employer's "refusal" to permit rest breaks under the Working Time Regulations 1998 can be brought when the employer fails to make provision for such breaks, even if the worker does not expressly request breaks. Employers should therefore take active steps to ensure that workers are able to take rest breaks (Grange
- [Goodbye to employee shareholder status](https://www.employmentsolicitor.com/goodbye-employee-shareholder-status/) - Yesterday Philip Hammond hammered the final nail in the Employee Shareholder Status coffin. Introduced in 2013 as the brainchild of George Osborne, the idea was a simple trade off: give up employment rights (unfair dismissal, redundancy) for company shares with tax benefits, writes John Hassells, head of employment at KBL LLP. The Beechcroft report published
- [Employee perks blown away in the Autumn Statement](https://www.employmentsolicitor.com/employee-perks-blown-away-autumn-statement/) - Millions of employees who get benefits such as cheaper gym membership, health checks and mobile phone deals have had their perks slashed. Salary sacrifice schemes, where employees give up part of their salary in return for a non-cash benefit, are tax efficient as the company and the employee pays less tax. The employees save on
- [Gig economy latest - CitySprint couriers take the battle to the tribunal](https://www.employmentsolicitor.com/gig-economy-latest-bicycle-couriers-take-battle-tribunal/) - As the latest case about the gig economy kicks off, cycle couriers are battling to be recognised as workers (with benefits and protection) rather than self-employed contractors. Today’s CitySprint case is the first of four – the others involve eCourier, Addison Lee and Excel Group Services – to test the legal status of those who
- [Well, this is awkward ... how to handle tricky conversations at work](https://www.employmentsolicitor.com/well-awkward-handle-tricky-conversations-work/) - We can all be ambushed by difficult people management issues, writes Janette Lucas, partner at Squire Patton Boggs, what counts is how we handle them... In the workplace they come in so many different shapes and sizes. Team members who don't get along; others who get along too well; the one who is “uncharitable” about
- [Employers must proactively ensure working arrangements for workers' rest breaks](https://www.employmentsolicitor.com/rest-breaks-working-time-regulations-employers-duties-to-be-proactive/) - Rest breaks - Meaning of 'Refusal' under Working Time Regulations In the case of Grange v Abellio London Limited the Employment Appeal Tribunal ('EAT') has found that a failure to allow rest breaks amounts to a refusal even if the employee made no request. Employers must proactively ensure working arrangements allow for workers to take rest breaks.
- [Daily commute is a daily reality for UK workers](https://www.employmentsolicitor.com/daily-commute-daily-reality-uk-workers/) - Working from home today or stuck on the motorway on the way to the office? Figures show that the average yearly commute has increased by 10 hours since 2010. One in seven employees are now commuting for more than two hours a day, up by 900,000 since last year, according to figures from the Trades Union
- [Five things we learnt in employment law this week (17 November)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-17-november/) - The Independent Workers Union of Great Britain has threatened legal proceedings against Deliveroo if they refuse their riders' requests for union recognition and to be acknowledged as workers after the recent Uber ruling. A survey conducted by MacMillan suggests that one in five people diagnosed with cancer experience discrimination from their employers or colleagues
- [Five things we learnt in employment law this week (10 November 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-10-november-2016/) - ACAS has published guidance regarding marriage and civil partnership discrimination in the workplace. This is helpful guidance which summarises the legal protections and obligations set out under the Equality Act 2010. The UK Voluntary living wage is to increase by 20p to £8.65 per hour, and by 35p to £9.75 an hour in London. Nearly
- [Grange v Abellio London Limited](https://www.employmentsolicitor.com/grange-v-abellio-london-limited/) - Appeal No. UKEAT/0130/16/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 2 November 2016 Judgment handed down on 16 November 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) MR L GRANGE
- [Thomas v BNP Paribas Real Estate](https://www.employmentsolicitor.com/thomas-v-bnp-paribas-real-estate/) - Thomas v BNP Paribas Real Estate - Appeal No. UKEAT/0134/16/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 13 October 2016 Before THE HONOURABLE MR JUSTICE WILKIE (SITTING ALONE) MR P THOMAS
- [Discrimination arising from disability: exploring the causal link](https://www.employmentsolicitor.com/discrimination-arising-disability-exploring-causal-link/) - Employers need to think carefully before taking disciplinary action for conduct that could be in any way connected to an employee’s disability, writes Serena Spink, associate at Stevens & Bolton LLP. When does this type of discrimination arise? Discrimination arising from disability is a specific type of discrimination set out in section 15 of the
- [childcare costs: the pay neutral employees](https://www.employmentsolicitor.com/childcare-costs-pay-neutral-employee/) - Childcare costs impact on workforce The British Chamber of Commerce and Middlesex University surveyed businesses on the impact of childcare costs on employees. The survey, of more than 1,600 businesses across the UK found 28% have experienced a reduction in working hours by employees because of the cost of childcare. Nearly 10% have experienced an
- [Scott v EC Maritime PCC Limited (Debarred)](https://www.employmentsolicitor.com/scott-v-ec-maritime-pcc-limited-debarred/) - Scott v EC Maritime PCC Limited (Debarred) Appeal No. UKEAT/0032/16/LA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 10 October 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) MR W SCOTT
- [Employment Tribunal Fees Latest - Government Response Published](https://www.employmentsolicitor.com/employment-tribunal-fees-latest-government-response-published/) - The Government responds to Justice Committee recommendations In June 2016 the House of Commons Justice Committee published its second report on courts and tribunals fees. The report made a number of recommendations including a substantial reduction in employment tribunal fees. The Justice committee was also highly critical of the Government's failure to publish its post-implementation
- ['Gay cake' update: what does this mean for the cause of equality?](https://www.employmentsolicitor.com/gay-cake-update-mean-cause-equality/) - Bakery owners who refused to make the 'gay cake' are now seeking a ruling on whether they can appeal to the Supreme Court, after losing their case and an appeal. If the Supreme Court is not an option, the bakery owners are considering taking their case to the European courts. Here, Christopher Braganza, a partner in the employment
- [Mind the gap: it's Equal Pay day in the UK](https://www.employmentsolicitor.com/mind-gap-equal-pay-day-uk/) - Today (10 November) is “Equal Pay Day” in the UK. It marks the day in the year when the average full-time working woman in the UK effectively stops earning compared to the average full-time working man because of the gender pay gap, writes Clare McNicholas, professional support lawyer, at Squire Patton Boggs. The gender pay
- [Rowe v London Underground Limited UKEAT/0125/16/JOJ](https://www.employmentsolicitor.com/rowe-v-london-underground-limited/) - Rowe v London Underground Limited UKEAT/0125/16/JOJ The case of Rowe v London Underground raised the question of whether an injury to feelings award could be made where a safety representative was denied a right to paid time off pursuant to Regulation 11(3) of the Safety Representatives and Safety Committees Regulations 1977. EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE,
- [Pugh v RT Electrics Ltd](https://www.employmentsolicitor.com/pugh-rt-electrics-ltd/) - Pugh v RT Electrics Ltd - UKEAT/0177/16/DM EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 6 September 2016 Before THE HONOURABLE LADY WISE (SITTING ALONE) MR M PUGH
- [Lee v HSBC Bank Plc - UKEAT/0119/16/JOJ](https://www.employmentsolicitor.com/lee-v-hsbc-bank-plc-ukeat011916joj/) - Lee v HSBC Bank Plc - Appeal No. UKEAT/0119/16/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 21 September 2016 Before HIS HONOUR JUDGE PETER CLARK (SITTING ALONE) MRS D LEE
- [Fairlead Maritime Limited v Parsoya](https://www.employmentsolicitor.com/fairlead-maritime-limited-v-parsoya/) - Fairlead Maritime Limited v Parsoya - Appeal No. UKEAT/0275/15/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 30 August 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) FAIRLEAD MARITIME LIMITED APPELLANT MR V PARSOYA
- [Deliveroo drivers campaign for union recognition and workers' rights](https://www.employmentsolicitor.com/deliveroo-drivers-campaign-union-recognition-workers-rights/) - In a public meeting tonight, drivers for Deliveroo will look at ways the public can support their latest challenge to the gig economy model. The drivers for the takeaway app are requesting union recognition from the company and workers’ rights. The battle follows the high-profile Uber tribunal case, where two drivers successfully argued that they
- [Implementing pay-cuts: what to remember](https://www.employmentsolicitor.com/implementing-pay-cuts-remember/) - Cutting pay is one of the most controversial moves that an employer can make. Although generally rare, the number of companies making pay cuts among their staff increased significantly during the financial crisis. But while cuts are deeply unpopular, for obvious reasons, they are often a necessary evil in order to avoid short term redundancies and
- [Five things we learnt in employment law this week (3 November 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-3-november-2016/) - The Government has announced plans to overhaul statutory sick pay and also to reform the way that disabled people on sick leave are assessed for fitness for work. 2. The British Medical Association has updated its guidance on alcohol and drugs policies in the workplace. 3. The Maternity and Paternity Leave (Premature Birth) Bill 2016-17
- [Recruitment of Ex-Offenders: how can you ensure you are being fair?](https://www.employmentsolicitor.com/recruitment-ex-offenders-can-ensure-fair/) - Abigail Etchells, senior associate at Stevens & Bolton, looks at how employers can ensure that they are taking the right approach to the recruitment of ex-offenders. The first point to consider is whether you need to take an applicant’s criminal history into account at all. For some roles you have no choice but to enquire
- [Reaction: London drivers and GMB win against Uber at the London Employment Tribunal](https://www.employmentsolicitor.com/reaction-london-drivers-gmb-win-uber-london-employment-tribunal/) - The 'nightmare is over' reads the tweet from the @Ubering_London account, as it comments on the judgement today that ruled that Uber divers are entitled to receive holiday pay; a guaranteed minimum wage and an entitlement to breaks. The nightmare for London's Minicab drivers is over. We have rights! — London Uber (@Ubering_London) October
- [Uber employment tribunal decision out today](https://www.employmentsolicitor.com/uber-employment-tribunal-decision-today/) - The gig economy: worker status legal challenge The London employment tribunal is set to publish its eagerly awaited judgement on whether Uber drivers are workers and therefore entitled to the worker rights, including minimum wage, rest breaks and paid annual leave. Uber faces legal challenges in the US and elsewhere. Today’s tribunal judgement will not
- [Employee representatives: Burden or benefit?](https://www.employmentsolicitor.com/employee-representatives-burden-benefit/) - Tackling employee misconduct can be challenging for employers, particularly when the employee is represented during the disciplinary process. However, with greater understanding and advance planning, employee representatives can be beneficial to both the employer and the employee in progressing and concluding the disciplinary process, writes Victoria Clark, an associate in the employment law team at
- [5 things we learnt in employment law this week (27 October 2016)](https://www.employmentsolicitor.com/5-things-learnt-employment-law-week-27-october-2016/) - The Women and Equalities Committee has launched an enquiry to examine the implications arising from Brexit for equality legislation and policy. 2. The HMRC is investigating the delivery company Hermes after its workers complained of low pay and the misclassification of their status as self-employed. 3. A group of 17 Tesco employees have brought discrimination
- [How can employers ensure employees aren't discriminated against because of their disability?](https://www.employmentsolicitor.com/can-employers-ensure-employees-arent-discriminated-disability/) - Q: Recent research reveals that people with MS are suffering disturbing levels of workplace mistreatment. So what can and should employers do about it? A: Jennifer Walton, associate at Irwin Mitchell says... Employers have a legal duty to ensure that disabled employees are not discriminated against at work. This includes ensuring that they are not treated
- [People with MS face ‘disturbing’ levels of workplace bullying and mistreatment](https://www.employmentsolicitor.com/people-ms-face-disturbing-levels-workplace-bullying-mistreatment/) - People living with multiple sclerosis (MS) are facing ‘disturbing’ levels of disability discrimination at work. New research by the MS Society (of over 1,000 people living with MS) found that almost a quarter say their employer has treated them badly as a result of their condition. A further fifth of respondents say their work colleagues
- [Brierley v Asda (Equal Pay Case) - read the full Judgement here](https://www.employmentsolicitor.com/brierley-v-asda-read-full-judgement/) - Here's a link to the full written Judgement of Judge Ryan, following a six day Preliminary Hearing at Manchester Employment Tribunal on the equal pay case of Brierley v Asda. Judgement Link.
- [Broecker v Metroline Travel Limited - Appeal No. UKEAT/0124/16/DM](https://www.employmentsolicitor.com/broecker-v-metroline-travel-limited-ukeat012416dm/) - Broecker v Metroline Travel Limited The employer dismissed for 4 incidents of misconduct, two being protected disclosures (i.e. whistleblowing). the Employment tribunal asked, not what the reason or principal reason for the dismissal was, but whether the dismissal was “grossly” or “blatantly” unfair. The Employment Appeal Tribunal (“the EAT”) held that the ET had misdirected itself.
- [Sexual Harassment in the workplace – five things employers can do better](https://www.employmentsolicitor.com/sexual-harassment-workplace-five-things-employers-can-better/) - Allegations of sexual harassment are often one of the most widely reported HR stories covered by the media when they come before an Employment Tribunal - and arguably one of the most damaging. But what should businesses and HR teams do to try and prevent such allegations in the first place and also to stop
- ['Can't be that serious because you didn’t suspend me'](https://www.employmentsolicitor.com/cant-serious-didnt-suspend/) - It is a commonly held belief that you cannot fairly dismiss an employee for Gross Misconduct if you have not firstly suspended them. Employees (and their representatives) often argue that because they weren’t suspended, this means that the employer can’t have thought the alleged behaviour was that serious and, by extension, casts doubt on whether
- [Five things we learnt in employment law this week (13 October)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-13-october/) - The Court of Appeal has determined that commission should be included in holiday pay, upholding the decision of the Employment Appeal Tribunal. The decision only applies to the first 20 days of holiday pay each year (British Gas v Lock). 2. The Employment Appeal Tribunal has held that a dismissal cannot be implied by the
- [What measures should employers put in place before agreeing to home working?](https://www.employmentsolicitor.com/measures-employers-put-place-agreeing-home-working/) - Whether it's checking emails on a smartphone, logging in remotely from a home PC or working from a laptop on the train, it is becoming increasingly common that employees spend part (or indeed, all) of their working time out of the office. In fact, figures from the Office for National Statistics show that 4.2 million people
- [Zero hours contracts: exclusivity terms 10 months down the line](https://www.employmentsolicitor.com/zero-hours-contracts-exclusivity-terms-10-months-line/) - Zero hours contracts have become “dirty words” of the UK workplace with many employers joining a tide of high profile businesses and politicians in shunning them. However, in many cases such contracts are appropriate and beneficial to both individuals and businesses. For example, students working during term-time or roles in the catering and hospitality industry,
- [Holiday Pay Update: British Gas Lose Appeal In Commission Case In Court of Appeal](https://www.employmentsolicitor.com/holiday-pay-update-british-gas-lose-appeal-commission-case-court-appeal/) - British Gas has today lost a high profile case in the Court of Appeal which could result in a flood of claims against thousands of UK businesses by employees who earn commission. The long-running dispute between British Gas and sales employee, Mr Lock, focuses on whether the energy company was right to pay him and
- [Shared parental leave: the employment solicitor's view](https://www.employmentsolicitor.com/shared-parental-leave-employment-solicitors-view/) - Shared parental leave is a point of discussion this week, with HRs, employment lawyers and employers, not to mention employees, expecting a child. So, following the case of a father receiving more than £28,000 for sex discrimination, following his shared parental leave request, we asked employment solicitors to tell us their thoughts ahead of the
- [Network Rail pays a father £28,000 in sex discrimination case](https://www.employmentsolicitor.com/network-rail-pays-father-28000-sex-discrimination-case/) - Network Rail is reported to have slashed its maternity pay to female employees, after it had to pay more than £28,000 to a male employee for sex discrimination. The payout was awarded to David Snell, a father who wanted to take shared parental leave, along with his wife, who also works for Network Rail, when
- [Unite the Union V Nailard UKEAT/0300/15/BA](https://www.employmentsolicitor.com/unite-union-v-nailard-ukeat030015ba/) - UNITE THE UNION V NAILARD - UKEAT/0300/15/BA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 28 & 29 April 2016 Judgment handed down on 27 September 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON MR P GAMMON MBE MRS G SMITH MBE UNITE THE UNION
- [THE TRUSTEES OF THE WILLIAM JONES’S SCHOOLS FOUNDATION v PARRY UKEAT/0088/16/JOJ](https://www.employmentsolicitor.com/trustees-william-joness-schools-foundation-v-parry-ukeat008816joj/) - THE TRUSTEES OF THE WILLIAM JONES’S SCHOOLS FOUNDATION v PARRY UKEAT/0088/16/JOJ Appeal No. UKEAT/0088/16/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 21 July 2016 Judgment handed down on 2 August 2016 Before THE HONOURABLE MRS JUSTICE ELISABETH LAING DBE (SITTING ALONE) THE TRUSTEES OF THE WILLIAM JONES’S
- [Five things we learnt in employment law this week (29 September)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-29-september/) - An Employment Tribunal has determined that withdrawal of a job offer was a breach of contract. On the basis of two phone calls to the claimant, the Tribunal was satisfied that the claimant had been offered a job and accepted it. (McCann v Snozone Limited) 2. Sports Direct has agreed to appoint an independent expert
- [Five common mistakes employers make when they’re told an employee is pregnant](https://www.employmentsolicitor.com/five-common-mistakes-employers-make-theyre-told-employee-pregnant/) - An unscheduled “catch up” meeting from one of your reports drops into your calendar and you know it’s either a resignation or worse … a pregnancy announcement. It’s a moment when, rightly or wrongly, many inexperienced managers simply panic, says Christopher Braganza, partner in the employment group at Sheridans. Here, he outlines five tips on
- [Sunday Trading Hours: how to open up shop and avoid employment tribunal claims](https://www.employmentsolicitor.com/sunday-trading-hours-open-shop-avoid-employment-tribunal-claims/) - The rights of shop workers to opt out of working on Sundays have recently been extended by the Enterprise Act 2016, although the relevant provisions will not come into force until regulations have been put in place. It is worth noting that the Government also made an attempt to extend Sunday trading hours, but this
- [Older workers are being exploited in the gig economy](https://www.employmentsolicitor.com/older-workers-exploited-gig-economy/) - Older people who use the flexibility of self-employment or casual worker status can suffer exploitation in the gig economy. A new case, highlighted by the Guardian newspaper, shows how two newspaper delivery workers (both over 60 years old) were paid below the minimum wage for years, by Midcounties Co-op, Britain’s biggest co-operative. The independent co-operative,
- [Calls for resignation! What can employers do?](https://www.employmentsolicitor.com/calls-resignation-can-employers/) - Lord Nigel Lawson has called on Mark Carney to stand down as Governor of the Bank of England last night after his ‘disgraceful’ conduct over Brexit, according to reports. The Conservative peer and former chancellor has apparently accused the Canadian of joining ‘the chorus of scaremongering’ during the EU referendum campaign. It’s not uncommon for those
- [Sweet success: how can employers inspire the loyalty that Mary Berry has for the BBC?](https://www.employmentsolicitor.com/sweet-success-can-employers-inspire-loyalty-mary-berry-bbc/) - Loyalty to the BBC is the reason that Mary Berry is to leave The Great British Bake Off. The BBC had nurtured her and the show, said Berry, adding it was "a unique and brilliant format from day one". "What a privilege and honour it has been to be part of seven years of magic
- [Five things we learnt in employment law this week (22 September 2016)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-22-september-2016/) - An Employment Tribunal urging a claimant to focus on whether his claims had any prospect of success did not necessarily give rise to a view that the Tribunal had already made a decision on the issue of costs (Hussain v Nottinghamshire Healthcare NHS Trust). 2. The Employment Appeal Tribunal has determined that an ACAS Early
- [Employers: the best way to manage staff on maternity leave](https://www.employmentsolicitor.com/employers-best-way-manage-staff-maternity-leave/) - Catherine Ridd, associate at employment lawyer Morgan Denton Jones, offers employers some advice on the processes and pitfalls of dealing with staff taking maternity leave. DO: Keep in touch with employees whilst they’re on maternity leave. It’s a good idea for line managers to agree with employees what “reasonable contact” would be before their leave
- [Foster carers form a union as they challenge their legal status](https://www.employmentsolicitor.com/foster-carers-form-union-challenge-legal-status/) - THE newly-formed trade union for foster carers is on a recruitment drive, in a bid to boost numbers as they launch a challenge to their legal status. Following a vote in Parliament on Monday, a number of foster carers decided to form the Foster Care Workers’ Branch of the Independent Worker’s Union of Great Britain. Like others
- [The Government must do more to support migrant entrepreneurs, a report finds](https://www.employmentsolicitor.com/government-must-support-migrant-entrepreneurs-report-finds/) - We need migrant entrepreneurs to help make a success of Brexit and the Government must back them. That’s the recommendation from a new report, launched in Parliament, which suggests that addressing issues faced by migrant-led businesses would create even more jobs and boost the UK economy. The report, Migrant Entrepreneurship in the UK: The Benefits to
- [Three things we have learned from Jeffrey v British Council](https://www.employmentsolicitor.com/three-things-learned-jeffrey-v-british-council/) - Employers who recruit staff in the UK but employ them overseas could face actions under domestic tribunals in the event of an employment dispute, writes Aaron Hayward, an employment law specialist at DJM Solicitors. A recent ruling by the Employment Appeal Tribunal (EAT) in the case of Jeffrey v the British Council confirmed that a Bangladesh-based
- [Junior doctors are tweeting live from the Royal Courts of Justice](https://www.employmentsolicitor.com/junior-doctors-tweeting-live-royal-courts-justice/) - Junior doctors in England are tweeting live from the High Court, where they’re taking on the Government’s attempt to impose a new contract. The group Justice for Health – made up of five medics – is seeking a judicial review of Hunt’s decision to impose the contract, which is set to be phased in from
- [Six in ten workers feel insecure about their jobs](https://www.employmentsolicitor.com/six-ten-workers-feel-insecure-jobs/) - New research reveals that the UK job market could be ‘skating on thin ice’ despite the record employment rate and as many as six in ten workers feel insecure about their jobs. While the latest official figures show that the unemployment rate remains at an 11-year low – the unemployment rate was 4.9%, down from 5.5%
- [Five things we learnt in employment law this week (15 September)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-15-september/) - The Employment Appeal Tribunal has confirmed that the privilege which applies to protected conversations cannot be waived and extends not only to the content of those protected conversations, but also to the fact of the conversations taking place (Faithorn Farrell Timms LLP v Bailey). 2. Seventeen care workers have sued Sevacare and Haringey Council for
- [THE GOVERNING BODY OF SHEREDES SCHOOL v MR B DAVIES UKEAT/0196/16/JOJ](https://www.employmentsolicitor.com/governing-body-sheredes-school-v-mr-b-davies-ukeat019616joj/) - THE GOVERNING BODY OF SHEREDES SCHOOL v MR B DAVIES UKEAT/0196/16/JOJ Quick read: The Claimant presented his unfair dismissal claim late. Before the deadline, his solicitor advised him to instruct another solicitor but did not advise of the urgent need to lodge the claim. The solicitor firm was subsequently subject to an intervention by the
- [Workplace monitoring of your employees’ emails: breaching the right to private and family life](https://www.employmentsolicitor.com/workplace-monitoring-employees-emails-breaching-right-private-family-life/) - Monitoring employees is not a new phenomenon, yet it continues to give rise to difficult and often conflicting issues requiring careful consideration on a case by case basis. While the law allows employers to monitor its employees, there are limitations to how and when an employer may do so, writes Shaun Hogan, Associate at Stevens &
- [Working Forward: employers sign up to tackle discrimination against pregnant women and new mums](https://www.employmentsolicitor.com/working-forward-employers-sign-tackle-discrimination-pregnant-women-new-mums/) - MAJOR employers, politicians and business bodies are supporting a new campaign to make workplaces the best they can be for pregnant women and new mothers. Working Forward has been launched by the Equality and Human Rights Commission following recent research which found three in four mothers (77%) had a negative or possibly discriminatory experience during
- [TUC warns big firms with 'dirty little secret' paying below minimum wage](https://www.employmentsolicitor.com/tuc-warns-big-firms-dirty-little-secret-paying-minimum-wage/) - Frances O'Grady, the TUC General Secretary, addressed the TUC 2016 conference and set out a clear warning to big companies that fail to pay the minimum wage. Her speech follows reports that another big courier firm, Hermes, is accused of mistreating its staff and failing to pay employees the minimum wage. "I'm giving fair warning. To
- [16 fines imposed on employers for breaching employment rights with aggravating features](https://www.employmentsolicitor.com/16-fines-imposed-employers-breaching-employment-rights-aggravating-features/) - Since 6 April 2014 Employment Judges have had the power to issue a fine (in addition to any compensation awarded to the employee) where an employer has breached workers rights and there were 'aggravating features'. Caroline Lucas, Co-Leader of the Green Party, asked how may fines had been issued between 6 April 2014 and end of
- [Judges critical of plans to devolve Employment Tribunals to Scotland’s First Tier Tribunal](https://www.employmentsolicitor.com/judges-critical-plans-devolve-employment-tribunals-scotlands-first-tier-tribunal/) - The Scottish Parliament's proposals to transfer the Employment Tribunal to the Scottish First Tier have been knocked back was the Scottish Council of Employment Judges, law firms and unions. Background Following the Scottish Independence Referendum ‘No Vote’ result, the Smith Commission was established to deliver on pre-referendum promises to devolve more power to Scotland. The
- [903,000 people on zero-hours contracts](https://www.employmentsolicitor.com/903000-people-zero-hours-contracts/) - The Office of National Statistics (ONS) has said 2.9 per cent of the UK workforce (903,000 workers) say they work on a zero hours contract. Nick Palmer of the ONS said "The estimated number of people saying they work on a zero hours contract has risen by over 20% since the same time last year.
- [G4S CASH SOLUTIONS (UK) LTD v MR A POWELL UKEAT/0243/15/RN](https://www.employmentsolicitor.com/g4s-cash-solutions-uk-ltd-v-mr-powell-ukeat024315rn/) - Appeal No. UKEAT/0243/15/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 18 April 2016 Judgment handed down on 26 August 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON (SITTING ALONE) G4S CASH SOLUTIONS (UK) LTD
- [62 warnings issued to employers about non-payment of ET Judgements](https://www.employmentsolicitor.com/62-warnings-issued-employers-non-payment-et-judgements/) - Section 150 of the Small Business Enterprise and Employment Act 2015 came into force on 6 April 2016. Intended to tackle late and non-payment of employment tribunal awards and settlements, it allows an enforcement officer to issue a warning and impose a fine. The Government has confirmed 62 warning notices have been served but as
- [Pulling a sickie: what steps can employers take when employees are on the beach rather than in the sickbay?](https://www.employmentsolicitor.com/pulling-sickie-steps-can-employers-take-employees-beach-rather-sickbay/) - Employees pulling a sickie is not a novel workplace irritant. However the explosion of social media, smartphones and its knock-on effect has gifted employers a rich new seam of suspicion and potential evidence, says Hannah Ford, senior associate at Stevens & Bolton... For example, in the case of Gill v SAS Grounds Service Ltd, an
- [Employment tribunal fees review expected 'shortly'](https://www.employmentsolicitor.com/employment-tribunal-fees-review-expected-shortly/) - Liz Truss’ performance at her first Justice Committee Meeting yesterday has been heavily criticised in the press and social media. When asking whether she would be introducing legislation in relation to prisons she said ‘we are looking at that’. She admitted the Government did not currently have a delivery plan for prison reform…and she was
- [SHIFFERAW -v- HUDSON MUSIC CO LTD - UKEAT/0294/15/DA](https://www.employmentsolicitor.com/shifferaw-v-hudson-music-co-ltd-ukeat029415da/) - Appeal No. UKEAT/0294/15/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 1 July 2016 Judgment handed down on 30 August 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) MS N SHIFFERAW
- [Women seek pay rises as much as men - they just get turned down more](https://www.employmentsolicitor.com/women-seek-pay-rises-much-men-just-get-turned/) - Research from Cass Business School, the University of Warwick and the University of Wisconsin, suggests women do ask for pay-rises as often as men but aren't as successful. Men are are 25 per cent more likely to get a raise when they ask. The report goes against previous suggestions that women were reluctant to ask for a
- [Government could face judicial review of its decision to award G4S discrimination helpline contract](https://www.employmentsolicitor.com/government-face-judicial-review-decision-award-g4s-discrimination-helpline-contract/) - In an open letter, 41 discrimination and human rights groups and charities have raised profound concerns about the award of the contract to manage the Equality Advisory and Support Service (EASS) to G4S. The letter alleges: “The 2016 tendering process for the service lacked openness and the procurement specification – which was only discovered after
- [Zero Hours contracts to be scrapped by Sports Direct](https://www.employmentsolicitor.com/zero-hours-contracts-scrapped-sports-direct/) - Sports Direct has confirmed its directly employed shop staff will be given the option of moving to a contract with a guaranteed 12 hours a week. Agency workers will not have the option of moving to the new contract. Last month MPs published a highly critical report on Sports Directs and the employment agencies its
- [Doctors call-off next weeks strike amid concerns over patient safety](https://www.employmentsolicitor.com/doctors-call-off-next-weeks-strike-amid-concerns-patient-safety/) - The BMA, representing junior doctors, has called off September's 5-day strike but plans to go ahead with strikes in October, November and December, unless the Government agrees a better deal. GMC issues warning about patient safety Earlier today the General Medical Council (GMC) issued a detailed statement saying it believes patients will suffer and reminding doctors
- [International snakes and ladders: the perils of UK immigration rules](https://www.employmentsolicitor.com/international-snakes-ladders-perils-uk-immigration-rules/) - At a human level the high profile story of the Australian Brain family – who live in Scotland but face having to leave the UK because they cannot arrange a Tier 2 visa - is heartbreaking. But what lessons can employers draw from cases like these, writes Charlie Pring, senior counsel in the Employment, Pensions &
- [Tweets of the week (2 September)](https://www.employmentsolicitor.com/tweets-week-2-september/) - Our top #ukemplaw tweets this week @BillableHour16 Pregnancy and maternity discrimination Uber's judicial review of the Transport for London (TfL) that will from 1 October mean private hire drivers (in London) must pass an English language test - Uber says the English language requirement is discriminatory Voluntary overtime to be included in holiday pay, says employment
- [Give us a break ... could compensation be awarded for failure to provide a 20 minute rest?](https://www.employmentsolicitor.com/give-us-break-compensation-awarded-failure-provide-20-minute-rest/) - Could compensation be awarded for failure to provide a 20 minute rest? Ultimately, yes, says Serena Spink, associate at Stevens & Bolton LLP, although the level of compensation awarded will depend on the circumstances of the employer’s failure and the claim brought by the worker. The issue is a topical one following the recent case
- [Junior doctors 5-day strike to start soon](https://www.employmentsolicitor.com/junior-doctors-5-day-strike-start-soon/) - The strike will commence on Monday 12 September and end on Friday 16 September. The strikes will cover the hours 08:00 to 17:00 each day. The strikes is as a result of the dispute over the Government's changes to Junior Doctors contracts. Meetings are expected to take place between the doctors representatives and the Government
- [Five things we learnt in employment law this week (11 August)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-11-august/) - Employment tribunals have the power to increase Vento injury to feelings awards in line with inflation (AA Solicitors v Majid). 2. Striking out a party's case for unreasonable conduct should be a sanction of last resort (Arriva London North v Maseya). 3. According to the Women and Equalities Committee, Muslim women are the most economically
- [Take a career break or sabbatical - latest guide from ACAS](https://www.employmentsolicitor.com/take-career-break-sabbatical-latest-guide-acas/) - ACAS has published a new guide on taking career breaks and sabbaticals. The guide extols the virtues of career breaks. Whilst there's no specific law on career breaks employers must be mindful of employment claims, for example discrimination, when deciding who can and can't take a career break. Employers may reduce their exposure to risk by ensuring they
- [XC TRAINS LTD v (1) CD  (2) ASLEF & OTHERS UKEAT/0331/15/LA](https://www.employmentsolicitor.com/xc-trains-ltd-v-1-cd-2-aslef-others-ukeat033115la/) - XC TRAINS LTD v (1) CD (2) ASLEF & OTHERS UKEAT/0331/15/LA Quick note: Equality Act - Sex Discrimination - Provision Criterion or Practice (“PCP”) - Pool applied to show particular disadvantage - Chief Constable of West Yorkshire Police v Homer [2012] ICR 704 - justification required employer to weigh the legitimate aims of the employer against the
- [ROGERS v (1) WHADDON HOUSE LTD (2) MARLER AND MARLER (3) PRACTICAL HR LTD UKEATPA/0919/15/DM](https://www.employmentsolicitor.com/rogers-v-1-whaddon-house-ltd-2-marler-marler-3-practical-hr-ltd-ukeatpa091915dm/) - ROGERS v (1) WHADDON HOUSE LTD (2) MARLER AND MARLER (3) PRACTICAL HR LTD UKEATPA/0919/15/DM Quick Note: Procedure, extensions of time, EAT appeal, just and equitable test Appeal No. UKEATPA/0919/15/DM EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 23 June 2016 Judgment handed down on 4 August 2016
- [Transgender Employees: Five things employers need to know](https://www.employmentsolicitor.com/transgender-employees-five-things-employers-need-know/) - Here, Leon Deakin of Irwin Mitchell LLP outlines five things employers need to know about employing transgender staff. 1. Encourage disclosures Transgender staff may be protected from discrimination even if they have not started (or do not intend to start) medical treatment to change their gender identity A person will be protected against discrimination under
- [Five things we learnt in employment law this week (4 August)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-4-august/) - The employment tribunal sifting procedure is unlawful to the extent that it requires a judge to reject a claim without a hearing (Trustees of William Jones's School Foundation v Parry) A tribunal must weigh the legitimate aims of an employer against the discriminatory effect of a PCP when considering objective justification (XC Trains Ltd
- [Five things employers can do to minimise whistleblowing claims](https://www.employmentsolicitor.com/five-things-employers-can-do-to-minimise-whistleblowing-claims/) - Workplace whistleblowing is a prominent issue. This is particularly true in the wake of high-profile scandals such as PPI mis-selling and the alleged treatment of NHS whistleblowers (as set out in Sir Robert Francis's report) and new rules in regulated sectors such as financial services. If it's handled incorrectly by employers, whistleblowing can also lead
- [Five things we learnt in employment law this week (28 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-28-july/) - Agency workers can claim whistleblowing protection against end-users under s43K Employment Rights Act 1996 (McTigue v University Hospital Bristol NHS FT) 2. It is open to a Tribunal to find that a claimant was not dismissed (following a successful appeal) even where the claimant was dissatisfied with the basis of the reinstatement and where the
- [McTIGUE v UNIVERSITY HOSPITAL BRISTOL NHS FOUNDATION TRUST UKEAT/0354/15/JOJ](https://www.employmentsolicitor.com/mctigue-v-university-hospital-bristol-nhs-foundation-trust-ukeat035415joj/) - McTIGUE v UNIVERSITY HOSPITAL BRISTOL NHS FOUNDATION TRUST Quick Note: Employment Law - Whistleblowing - Protected Disclosure Victimisation - Worker definition -Interpretation of Section 43K(2)(a) of the Employment Rights Act 1996 Appeal No. UKEAT/0354/15/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 21 June 2016 Handed down 21
- [The Uber employment tribunal](https://www.employmentsolicitor.com/uber-employment-tribunal/) - Law firm Leigh Day is acting for 19 Uber drivers claiming they are workers and therefore entitled to worker rights. For example: a right not to suffer discrimination or suffer unlawful deductions from wages, an entitlement to paid holidays and the minimum wage. The case is listed for a five day employment tribunal hearing. With
- [DRONSFIELD v UNIVERSITY OF READING - UKEAT/0200/15/JOJ](https://www.employmentsolicitor.com/dronsfield-v-university-of-reading-ukeat020015joj/) - Appeal No. UKEAT/0200/15/JOJ EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 15 April 2016 Judgment handed down on 21 July 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON (SITTING ALONE) DR J DRONSFIELD
- [Five things we learnt in employment law this week (21 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-21-july/) - An ET was wrong to strike out an unfair dismissal and disability claim without hearing evidence, in spite of the claimant's admission of the misconduct which led to his dismissal (Sajid v Bond Adams LLP). 2. The Court of Appeal has upheld a 100% contributory fault reduction applied to an award of compensation to a
- [DR A OLAYEMI v (1) ATHENA MEDICAL CENTRE (2) DR A C OKOREAFFIA UKEAT/0140/15/LA](https://www.employmentsolicitor.com/dr-olayemi-v-1-athena-medical-centre-2-dr-c-okoreaffia-ukeat014015la/) - Appeal No. UKEAT/0140/15/LA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 22 April 2016 Judgment handed down on 18 July 2016 Before HIS HONOUR JUDGE DAVID RICHARDSON (SITTING ALONE) DR A OLAYEMI
- [Dos and Don’ts of Restrictive Covenants in employment contracts](https://www.employmentsolicitor.com/employment-restrictive-covenants/) - Restrictive covenants in employment contracts can prevent an employee from competing with an ex-employer after they have left a business, or stop an ex-employee from soliciting or dealing with previous customers that they dealt with during their previous employment. It is myth that restrictive covenants are generally unenforceable, but they do need to be carefully
- [Five mistakes employers can make managing an alcohol dependent employee](https://www.employmentsolicitor.com/five-mistakes-employers-can-make-managing-alcohol-dependent-employee/) - Enjoying a drink with clients or colleagues can be a positive part of working life. Business deals are commenced and concluded over a glass of wine. However, some employees are not able to follow the “enjoy in moderation” maxim and this can lead to issues for employers in managing alcohol dependent employees. There are two
- [Employment Law Tweets of the Week (15 July)](https://www.employmentsolicitor.com/employment-law-tweets-week-4/) - So so much to mention this week. A new PM and Cabinet; Liz Truss becomes the first female Justice Minister. What will all this bring for employment law? Still suffering Brexit shock, Jonathan Chamberlain asks: can employers sack their employees if they voted LEAVE? Following the petition started by Nicola Thorp, MPs on the Petitions and Women and
- [WARNER v B & M EUROPE LIMITED (2) EUROPEAN PATENT OFFICE UKEAT/0081/15/RN & UKEAT/0139/16/RN](https://www.employmentsolicitor.com/warner-v-b-m-europe-limited-2-european-patent-office-ukeat008115rn-ukeat013916rn/) - SUMMARY PRACTICE AND PROCEDURE - Review HUMAN RIGHTS In the B & M appeal (UKEAT/0139/16/RN) the Employment Judge was entitled to dismiss a reconsideration application by the Claimant on the basis (a) that, as a matter of fact, the Claimant’s representative was aware of the reconsideration (telephone) hearing but failed to take part and (b)
- [Five things we learnt in employment law this week (14 July)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-14-july/) - A Muslim woman, dismissed for wearing an Islamic headscarf, was directly discriminated against (AG's opinion in Bougnaoui and anor v Micropole SA). 2. The ECJ has reaffirmed the principle that someone who is prevented by sickness from taking statutory holiday can carry the leave forward to a new holiday year (Sobsczyszyn v Skola Podstawowa w Rzeplinie).
- [Five things we know about…Gender Pay Gap Reports](https://www.employmentsolicitor.com/five-things-know-aboutgender-pay-gap-reports/) - On 1 October 2016, it is anticipated that regulations will come into force in the UK which will require many employers to provide information about employees’ pay with reference to their gender. The deadline for the first gender pay report is expected to be 29 April 2018 but this must be based on a snapshot
- [Five common issues that arise from failing to provide a detailed employment contract](https://www.employmentsolicitor.com/five-problems-arise-not-sorting-employment-contracts/) - Under Section 1 of the Employment Rights Act 1996 (“ERA”), employees must be provided with written particulars of employment within two months of the commencement of their employment. However, from experience, limiting contracts to what is required under the ERA does not afford employers with as much protection as having a more comprehensive and bespoke
- [Parliament debates court and employment tribunal fees](https://www.employmentsolicitor.com/parliament-debates-court-employment-tribunal-fees/) - Following the Justice Committee report Parliament has debated the impact of employment tribunal fees on access to justice. It is interesting to note a number of MPs have worked in employment law, or have a close connection to someone who has. Karl Turner, MP for Kingston Upon Hull, himself a qualified barrister and solicitor, is married
- [PERRATT v THE CITY OF CARDIFF COUNCIL - UKEAT/0079/16/RN](https://www.employmentsolicitor.com/perratt-v-city-cardiff-council-ukeat007916rn/) - Appeal No. UKEAT/0079/16/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 28 June 2016 Before THE HONOURABLE MR JUSTICE KERR (SITTING ALONE) MRS H PERRATT
- [MR D A GRAYSON v PAYCARE (A COMPANY LIMITED BY GUARANTEE) UKEAT/0248/15/DA](https://www.employmentsolicitor.com/mr-d-grayson-v-paycare-company-limited-guarantee-ukeat024815da/) - Appeal No. UKEAT/0248/15/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 30 June 2016 Judgment handed down on 5 July 2016 Before THE HONOURABLE MR JUSTICE KERR (SITTING ALONE) MR D A GRAYSON APPELLANT PAYCARE (A COMPANY LIMITED BY GUARANTEE) RESPONDENT Transcript of Proceedings JUDGMENT APPEARANCES For the
- [Employment status continues to deliver problems in today's flexible economy](https://www.employmentsolicitor.com/employment-status-continues-deliver-problems-todays-flexible-economy/) - The so-called "gig economy" is making employment issues more complicated. But this shift in the way we're working shows no sign of stopping, writes Melanie Lane and Rachel Easter at Olswang LLP. It has also recently been suggested that unscrupulous employers might seek to utilise self-employment status as a way of avoiding paying the new national
- [Is our staff handbook part of the employment contract?](https://www.employmentsolicitor.com/staff-handbook-part-employment-contract-need-employees-consent-change/) - Q: Is our staff handbook part of the employment contract and if so, do we need the employee’s consent to change it? The issue of staff handbooks - and whether they form part of the employment contract or not - was highlighted by the recent case of Department for Transport (DfT) v Sparks. DfT wanted to
- [Employing Interns: Rights and Risks](https://www.employmentsolicitor.com/employing-interns-rights-risks/) - The summer months are often peak season for organisations to take on students for work experience placements or as ‘interns’. In today’s highly competitive job market, particularly in the creative industries, many businesses have queues of willing individuals lined up who are happy to provide free labour in exchange for gaining valuable experience and skills.
- [The summer of sport: top tips for employers](https://www.employmentsolicitor.com/summer-sport-top-tips-employers/) - A summer of sporting fun has already kicked off with UEFA Euro 2016 well under-way and the Olympics and Paralympics to follow in August and September. With all these exciting distractions for employees, managing attendance and maintaining productivity is a serious issue employers need to consider. For the football fans among us, the prospect of
- [What steps can employers take if they think an employee has fabricated his or her CV?](https://www.employmentsolicitor.com/steps-can-employers-take-think-employee-fabricated-cv/) - In My Professional Opinion (IMPO)... We pose an employment law question for employment solicitors to answer. Please leave a comment below or email us if you'd like to get involved. CVs are in the news, with the stories questioning whether or not Andrea Leadsom, who is running to be Prime Minister, has exaggerated her career credentials. Whatever
- [Unlimited Holiday: The myth, the legend](https://www.employmentsolicitor.com/unlimited-holiday-myth-legend/) - Silicon Valley tech companies were the first to promote unlimited holiday as a benefit, with Netflix regularly referred to as the first to really implement the policy-that-isn't. The principle is that employees may take as much holiday as they like provided they get their work done. In the UK, parts of the Virgin group have
- [The Twitter Staff Handbook](https://www.employmentsolicitor.com/twitter-staff-handbook/) - With rapid changes to the workplace, such as the newly-emerging gig-economy (how do you define 'worker' and 'employee'?) and the recent media stories about company dress codes and modern-day slavery, there are plenty of updates that are needed to be made in staff handbooks. Apart from the issue of whether or not what's in the
- [Brexit: what next for employers?](https://www.employmentsolicitor.com/brexit-next-employers/) - So after all the shouting, the half-truths and the speculation, there it is, a vote to Leave. What does this mean for your employees and your management of them? What has changed for HR today? Let us be clear – no one knows all the details of what happens next, including all the people who
- [Brexit - what now for employment law?](https://www.employmentsolicitor.com/brexit-next-employment-law/) - What are the implications for UK employment law? Which laws will be repealed (if any); for example: collective redundancy , TUPE, agency worker rights and holiday pay? Post your comments below or email us and we'll publish the best comments. We will be updating this page regularly today.
- [Five things we learnt in employment law this week (23 June)](https://www.employmentsolicitor.com/five-things-learnt-week-23-june/) - The Acas Code of Practice on Disciplinary and Grievance Procedures does not apply to ill health dismissals (Holmes v QinetiQ). 2. Abuse of migrant workers, on the grounds of their precarious immigration status, does not amount to race discrimination (Taiwo v Olaigbe). 3. An employment tribunal rejected a claimant's argument that the racist term for
- [The Immigration Act 2016 – What do employers need to know?](https://www.employmentsolicitor.com/immigration-act-2016-need-know/) - While the UK's EU referendum has - understandably - been occupying us recently, on 12 July 2016 the first sections of the Immigration Act 2016 will be implemented by the Home Office. Vikki Wiberg, Senior Counsel at Taylor Wessing, suggests steps employers can take to protect themselves. The Act builds on the Immigration Act 2014 as
- [Damning report on employment tribunal fees](https://www.employmentsolicitor.com/damning-report-employment-tribunal-fees/) - The Justice Committee has completed its inquiry into the Government's introduction of tribunal fees and published a damning report. The take-away points from the report The Justice committee was critical of the level of research undertaken by the Government before employment tribunal fees were introduced. The Justice Committee report concluded "we share the view expressed
- [Linkedin and Employment Law: Key cases and what we can learn from them](https://www.employmentsolicitor.com/linkedin-and-employment-law-key-cases-and-what-we-can-learn-from-them/) - Social networking platforms, such as LinkedIn, have become essential tools for many businesses. They allow business contacts to be identified, developed and nurtured. This means that business contacts are now often stored not only internally, such as on a company's database, but also on sites like LinkedIn. Businesses are naturally keen to protect their contacts and to avoid them being diverted
- [Tweets of the week (17 June)](https://www.employmentsolicitor.com/tweets-week-17-june/) - Not as busy this week for #ukemplaw but still lots of great stuff on twitter. @PregnantScrewed launched a brand new mentor scheme for women going through a tribunal, @CommonsJustice finally announced that a report on employment tribunal fees will be published on 20 June, we had the first modern slavery / gang master conviction ...
- [Employees in asset sales - do they stay or do they go?](https://www.employmentsolicitor.com/employees-asset-sales-stay-go/) - Buyers often assume that by buying the assets of a business, they can take the best bits and leave the rest behind. Thanks to the Transfer of Undertakings (Protection of Employment) Regulations 2006 that isn’t necessarily the case when it comes to employees. Ignoring TUPE can prove extremely costly but, managed properly, it need not
- [Five things we learnt in employment law this week (16 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-16-june/) - The disclosure of an acquittal on a rape charge in a criminal records check did not infringe a job applicant's human rights (R v Chief Constable of Greater Manchester Police). 2. A tribunal cannot find that a dismissal was procedurally unfair without first establishing what procedure the employer ought to have followed (Express Medicals v
- [JAMU v ASDA STORES LTD & OTHERS - UKEAT/0221/15/DA](https://www.employmentsolicitor.com/jamu-v-asda-stores-ltd-others-ukeat022115da/) - Appeal No. UKEAT/0221/15/DA EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 22 April 2016 Judgment handed down on 8 June 2016 Before HER HONOUR JUDGE EADY QC (SITTING ALONE) MR P T JAMU
- [AMARYLLIS LTD v McLEOD & OTHERS - UKEAT/0273/15/RN](https://www.employmentsolicitor.com/amaryllis-ltd-v-mcleod-others-ukeat027315rn/) - Appeal No. UKEAT/0273/15/RN EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8AE At the Tribunal On 10 March 2016 Judgment handed down on 9 June 2016 Before THE HONOURABLE MRS JUSTICE SLADE DBE (SITTING ALONE) AMARYLLIS LTD (FORMERLY OF MONTROSE ROAD
- [EXPRESS MEDICALS LTD v O’DONNELL - UKEAT/0263/15/DA](https://www.employmentsolicitor.com/express-medicals-ltd-v-odonnell-ukeat026315da/) - Employment Appeal Tribunal Case Update: Unfair Dismissal and Polkey. Summary and Comment (1) Where the employment tribunal decides there was procedural unfairness it must identify the procedural defect. (2) The parties had been negotiating terms to end the Claimant's employment. The tribunal's decision that there was insufficient evidence to assess that there was a chance
- [Meet the HR ... Kate Griffiths-Lambeth, Director of Human Resources at Charles Stanley.](https://www.employmentsolicitor.com/meet-hr-director-human-resources-charles-stanley-kate-griffiths-lambeth/) - My business card says I’m… Director of Human Resources for Charles Stanley, the leading wealth manager. After successfully working as a lawyer and then in fee earning roles in the City, I came to appreciate that it is people who make businesses succeed or fail, not documents or numbers. I wanted, and am still determined,
- [The stresses of mindfulness in the workplace](https://www.employmentsolicitor.com/stresses-mindfulness-workplace/) - The Health and Safety Executive approximates that employers lost 9.9 million working days to work-related stress, depression and anxiety in 2014/15 and these statistics appear to be rising. The subsequent absences of staff and lost productivity are motivating employers to find effective practices to reduce work place stress. “Mindfulness” is fast becoming the go to
- [A day in the life...the Director of Human Resources for Charles Stanley (Kate Griffiths-Lambeth)](https://www.employmentsolicitor.com/day-life-director-human-resources-charles-stanley-kate-griffiths-lambeth/) - Kate Griffiths-Lambeth, the Director of Human Resources for Wealth Management Firm Charles Stanley, describes a day in her busy life... 6.30am Being an urban bee keeper, I check on the bees. 7.30am Endure close proximity with a stranger’s armpit when crushed on the Northern Line on my way to work. 8.15am Arrive at the office. Fresh
- [New campaign asks employers: How safe are your staff?](https://www.employmentsolicitor.com/new-campaign-asks-employers-safe-staff/) - IN more than half of the world, lesbian, gay, bi and trans employees may not be protected under employment law. While the laws in Britain support equality in the workplace, British employers are responsible for protecting their employees regardless of where they are. So this lack of protection elsewhere can still put both employers and
- [Employment Law Tweets of the Week](https://www.employmentsolicitor.com/employment-law-tweets-week-2/) - This week there were stories about mental health in the workplace, the strike chaos in France and about how our jobs will soon be done by robots. We've rounded up the best 140 characters that sum up each story ICYMI. The reforms to France's labour laws are aimed at simplifying and relaxing the country’s employment laws.
- [Social Media: Five Things Employers Need to Know](https://www.employmentsolicitor.com/social-media-five-things-employers-need-know/) - The unprecedented growth of social media in recent years has proven a major force in changing the way businesses engage with customers and stakeholders. Social media platforms have become indispensable tools in companies’ marketing strategies, enabling levels of ongoing customer communication previously unattainable. But despite the communicative power of social media from a business perspective,
- [Employment Law Tweets of the week](https://www.employmentsolicitor.com/employment-law-tweets-week-3/) - A busy week in the media for employment law: Sports Direct's Mike Ashley's attendance at the Select Committee makes for fascinating viewing (from a PR and employment law perspective) and Croydon Employment Tribunal entertained Eva Carneiro -v- Chelsea FC and Jose Mourinho before the parties settled their dispute. Here's our employment law tweets of the week:
- [Five things we learnt this week (9 June)](https://www.employmentsolicitor.com/five-things-learnt-week-9-june/) - 1. The ICO has successfully prosecuted an employee who emailed details of nearly 1,000 clients to his personal email account shortly before leaving his employer to join a competitor. 2. An appeal to the EAT attracts the payment of fees regardless of whether or not the first instance ET claim was commenced before the fee
- [Can bankers be told not to holiday in June?](https://www.employmentsolicitor.com/can-bankers-told-not-holiday-june/) - Reports have emerged of financial institutions preventing staff taking holiday in the run-up to, and during the period immediately following, the upcoming EU referendum. The alleged policy is reportedly being introduced due to a desire to have high staffing levels to cope with expected increased demand, especially if the “out” vote is successful. This
- [Five things we learnt in employment law this week (2 June)](https://www.employmentsolicitor.com/five-things-learnt-employment-law-week-2-june/) - By James Rhodes employment partner at DAC Beachcroft LLP. Employers can lawfully ban the wearing of religious, political or philosophical clothing or symbols at work as part of a policy of religious and ideological neutrality (Advocate General's opinion in Achbita v G4S Secure Solutions). 2. The former Football Director of Leyton Orient FC was lawfully
- [Employment Law Tweets of the Week](https://www.employmentsolicitor.com/employment-law-tweets-week/) - Another busy week for employment law in the twittersphere... with men making strides (or not) in high-heels, movie stars fighting for equal pay, brexit predictions, pregnancy discrimination stories... We’ve rounded up the best 140 characters that sum up each story, ICYMI. Movie stars and maths consultants successfully fight for equal pay:. https://t.co/mfyeH0kEAk — Maverick Todd (@MaverickTodd) May 19, 2016
- [Are we okay to let an employee use their holidays to recover from a medical operation?](https://www.employmentsolicitor.com/okay-let-employee-use-holidays-recover-medical-operation/) - An employee has asked if he can use his holidays to recover from a medical operation. We only pay SSP during sickness absence. Are we okay to agree to this, as technically he’s unfit for work rather than on holiday? Any risks if we agree? Yes you can agree to this. UK law allows employees
- [Five things employers need to know about the junior doctor strikes](https://www.employmentsolicitor.com/five-things-employers-need-know-junior-doctor-strikes/) - Could you give a potted timeline of what has happened to date in relation to the industrial action between the BMA and MPs? On 26 and 27 April 2016, junior doctors staged a planned strike, withdrawing all emergency care to protest at the changes to junior doctors’ contracts. Jeremy Hunt MP, Secretary for the State
- [Maternity leave: five key points for employers](https://www.employmentsolicitor.com/maternity-leave-five-key-points-employers/) - Employers – particularly small employers – often find the administration of maternity leave a challenge. This is not a complete guide to pregnancy, but here are five key points to consider if you have an employee who gives you notice of their pregnancy: Pregnant employees and legal rights There is a comprehensive framework giving pregnant
- [Latest ACAS Conciliation Research](https://www.employmentsolicitor.com/latest-acas-conciliation-research/) - ACAS has published a research paper evaluating its services in 2016. Employment Tribunal fees were introduced in July 2013 followed by ACAS Early Conciliation in April 2014, making it compulsory for the Claimants to submit an Early Conciliation Claim before they go to an employment tribunal. The number of tribunal claims fell dramatically following the introduction
- [Brexit: Stay out of the leave debate?](https://www.employmentsolicitor.com/brexit-implication-opinion-watch/) - In My Professional Opinion (IMPO)... Should we stay out of the leave debate (at work)? The 'in or out' vote on 23 June is looming. Colleagues are talking about it at work and there are some strongly held opinions. Risks of offending fellow employees abound. And its not just the risk of offending your colleagues.
- [Flexible working mistakes](https://www.employmentsolicitor.com/flexible-working-mistakes/) - Simon Robinson, employment law partner at Gordons law firm, considers common mistakes employers make when they get a flexible working request. Under the Flexible Working Regulations 2014, any employee with 26 weeks' continuous service can make a request for flexible working, irrespective of whether they have children or not. Employers have a duty to deal
- [How long do we have to wait before we can fairly terminate an employee’s employment due to sickness absence?](https://www.employmentsolicitor.com/how-long-do-we-have-to-wait-before-we-can-fairly-terminate-an-employees-employment-due-to-sickness-absence/) - How long do we have to wait before we can fairly terminate an employee’s employment due to sickness absence? Richard Whalley, employment partner at HRC Law answers... There is no set period. It depends on what is reasonable in the circumstances. Your focus should therefore be on ensuring that you have acted reasonably: both in terms of
- [Employment Tribunal decides voluntary overtime must be included in holiday pay.](https://www.employmentsolicitor.com/employment-tribunal-decides-voluntary-overtime-must-included-holiday-pay/) - The first employment Tribunal decision has decided voluntary overtime must be included in holiday pay calculations, provided they amount to normal / regular remuneration. White & Others v Dudley Metropolitan Borough Council, ET As before, the case was only applied to the 4 week holiday entitlement under the Working Time Directive rather than the 5.6
- [Can we dismiss an employee for untrue answers in a medical questionnaire?](https://www.employmentsolicitor.com/can-we-dismiss-an-employee-for-untrue-answers-in-a-medical-questionnaire/) - We offered an employee a job subject to satisfactory references and completed medical questionnaire. He completed a pre-employment medical questionnaire saying he did not suffer from or have a history of mental health issues. After he started work he started to take time off and his performance was not good. When we spoke to him
- [Garden Leave: a thorny issue](https://www.employmentsolicitor.com/garden-leave-a-thorny-issue/) - Q: Can we put an employee on garden leave when the written employment contract does not mention garden leave? Ian Carey, Principal employment solicitor at Careys Law, answers... Possibly. The key issue to be considered is that it depends on whether the employee concerned has a contractual right to be provided with work or not.
- [Whistleblowing: What's in the public interest?](https://www.employmentsolicitor.com/whistleblowing-whats-in-the-public-interest/) - If a whistle blowing disclosure needs to be made in the public interest, what does ‘public interest’ really mean? In order for any disclosure to qualify for protection, under section 43B(1) of the Public Interest Disclosure Act 1998, the person making it must have a reasonable belief that the disclosure is made ‘in the public
- [A Philosophical Belief In Leicester?](https://www.employmentsolicitor.com/philosophical-belief-leicester/) - Since the introduction of laws covering protection against discrimination on the grounds of religion or belief in 2003, much debate has been had over what constitutes “a belief”. Taken at it widest, everybody holds particular beliefs in day to day matters, some of which may be particularly strongly felt. For example, one need only
- [If an occupational doctor's report says an employee is not disabled under the Equality Act can we rely on that opinion without risk of disability claims?](https://www.employmentsolicitor.com/if-an-occupational-doctors-report-says-an-employee-is-not-disabled-under-the-equality-act-can-we-rely-on-that-opinion-without-risk-of-disability-claims/) - Richard Freedman, solicitor in the Employment Department at Rosenblatt, answers... The short answer is no. Whether or not an employee is disabled under the Equality Act 2010 (the “EqA”) is a matter for determination on the facts by an Employment Tribunal. What such a report can assist with, however, is to show that the
- [Taking paid holidays whilst sick](https://www.employmentsolicitor.com/taking-paid-holidays-whilst-sick/) - An employee has asked if he can use his holidays to recover from a medical operation. We only pay SSP during sickness absence. Are we okay to agree to this, as technically he’s unfit for work rather than on holiday? Any risks if we agree? Helen Brooks, Partner at Workplace Lawyers Doyle Clayton, answers... Yes
- [Who pays for the living wage?](https://www.employmentsolicitor.com/who-pays-for-the-living-wage/) - Q: We need to cope with the added costs of auto enrolment and the living wage. We'd like to remove a number of benefits we provide employees to save some costs but are unsure how to go about it and what the risks are. Any advice? Kathryn Casey-Evans, partner at law firm Trethowans, answers... Employers
- [Zero hours contracts – five things you need to know](https://www.employmentsolicitor.com/zero-hours-contracts-five-things-you-need-to-know/) - Zero hours contracts are frequently in the news, with the latest headlines reporting that McDonalds –the fast-food chain - will give its staff the option of moving from zero hour contracts to contracts guaranteeing a minimum of four, 16 or 30 hours per week. It currently has around 80,000 employees on zero hours contracts across
- [Working time, sleep-ins and the minimum wage](https://www.employmentsolicitor.com/working-time-sleep-ins-and-the-minimum-wage/) - When does time spent on a sleep-in at work count as working time for the purposes of minimum wage compliance? By Danielle Crawford, Associate Solicitor, Employment Law, Winckworth Sherwood Sleep-in at work arrangements generally fall within one of the following categories: Where a worker is permitted to sleep at work but is obliged to be present
- [What if an employer doesn't know about an employee's disability?](https://www.employmentsolicitor.com/what-if-an-employer-doesnt-know-about-an-employees-disability/) - Can an employer be guilty of disability discrimination if it doesn’t know an employee is disabled? Aaron Hayward, employment law specialist at DJM Solicitors answers... While the straightforward answer to this question would be no, there are a few conditions attached that both employers and employees should be made aware of to avoid a disability
- [Five things employers need to know about the Modern Slavery Act](https://www.employmentsolicitor.com/five-things-employers-need-to-know-about-the-modern-slavery-act/) - Simon Whitehead, partner at HRC Law LLP is an employment law specialist and has been advising his clients on how to tackle section 54 of the Modern Slavery Act. Talking to EmploymentSolicitor.com, Simon discusses what the top five things employers need to know about this new section of the Modern Slavery Act. For many, the
- [Should commission be included in calculations for holiday pay?](https://www.employmentsolicitor.com/should-commission-be-included-in-calculations-for-holiday-pay/) - Many employees’ remuneration package includes some element of results-based commission and/or bonus. All employees in the UK are entitled, by virtue of statute, to 5.6 weeks’ statutory annual leave, including bank holidays (28 days’ annual leave for full-time employees). Historically, the holiday pay of employees entitled to results-based commission and/or other ancillary payments, such as
- [Is make-up in the workplace a discrimination issue?](https://www.employmentsolicitor.com/make-workplace-discrimination-issue/) - In My Professional Opinion (IMPO)... Each week we pose an employment law question for employment solicitors to answer. Please leave a comment below or email us if you'd like to get involved. Is make-up in the workplace a discrimination issue? Fiona Martin, director at Martin Searle Solicitors says: Yes, it could be. Generally speaking employers can require
- [Savid Javid: No woman should be forced to wear high heels](https://www.employmentsolicitor.com/savid-javid-no-women-forced-wear-high-heels/) - The high heels issue continues to hit the news. Politicians and celebrities are coming out to support a new law making it illegal to force women to wear high heels. The temporary worker sent home for her flat shoes has now collected in excess of 120,000 signatures for her petition to ban employers insisting women
- [Blacklisted construction workers win more than £10 million in compensation](https://www.employmentsolicitor.com/blacklisted-construction-workers-win-10-million-compensation/) - Unite has announced it has reached a settlement with construction firms involving 256 workers that claimed they had been blacklisted due to their trade union involvement. This reported blacklisting legal settlement follows a settlement secured by the GMB for its affected members that worked in the construction industry, reportedly involving compensation pay-outs of £75 million.
- [Scottish employment tribunal fees ban](https://www.employmentsolicitor.com/scottish-employment-tribunal-fees-ban/) - Following the recent Scottish parliament election results the SNP won't be able to form a majority Government but Nicola Sturgeon will push forward with the SNP's manifesto commitments. What are the SNP's employment law manifesto pledges? To 'continue to make the case for employment law to be transferred to Scotland'. 'Support new mothers and their

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- [EXPRESS MEDICALS LTD v O’DONNELL - UKEAT/0263/15/DA](https://www.employmentsolicitor.com/tag/express-medicals-ltd-v-odonnell-ukeat026315da/)
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- [AMARYLLIS LTD v McLEOD & OTHERS - UKEAT/0273/15/RN](https://www.employmentsolicitor.com/tag/amaryllis-ltd-v-mcleod-others-ukeat027315rn/)
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- [JAMU v ASDA STORES LTD & OTHERS - UKEAT/0221/15/DA](https://www.employmentsolicitor.com/tag/jamu-v-asda-stores-ltd-others-ukeat022115da/)
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- [Department for Transport (DfT) v Sparks](https://www.employmentsolicitor.com/tag/department-for-transport-dft-v-sparks/)
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- [MR D A GRAYSON v PAYCARE (A COMPANY LIMITED BY GUARANTEE) UKEAT/0248/15/DA](https://www.employmentsolicitor.com/tag/mr-d-a-grayson-v-paycare-a-company-limited-by-guarantee-ukeat024815da/)
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- [PERRATT v THE CITY OF CARDIFF COUNCIL - UKEAT/0079/16/RN](https://www.employmentsolicitor.com/tag/perratt-v-the-city-of-cardiff-council-ukeat007916rn/)
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- [WARNER v B & M EUROPE LIMITED (2) EUROPEAN PATENT OFFICE UKEAT/0081/15/RN & UKEAT/0139/16/RN](https://www.employmentsolicitor.com/tag/warner-v-b-m-europe-limited-2-european-patent-office-ukeat008115rn-ukeat013916rn/)
- [Procedure Reconsideration Application](https://www.employmentsolicitor.com/tag/procedure-reconsideration-application/)
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- [alcohol abuse](https://www.employmentsolicitor.com/tag/alcohol-abuse/)
- [Sinclair v Wandsworth Council](https://www.employmentsolicitor.com/tag/sinclair-v-wandsworth-council/)
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- [DR A OLAYEMI v (1) ATHENA MEDICAL CENTRE (2) DR A C OKOREAFFIA UKEAT/0140/15/LA](https://www.employmentsolicitor.com/tag/dr-a-olayemi-v-1-athena-medical-centre-2-dr-a-c-okoreaffia-ukeat014015la/)
- [Clenshaw v Tanner [2002] EWCA Civ 184](https://www.employmentsolicitor.com/tag/clenshaw-v-tanner-2002-ewca-civ-184/)
- [Simmons v Castle uplift](https://www.employmentsolicitor.com/tag/simmons-v-castle-uplift/)
- [personal injury](https://www.employmentsolicitor.com/tag/personal-injury/)
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- [Zia and others v Brighton University Hospitals NHS Foundation Trust](https://www.employmentsolicitor.com/tag/zia-and-others-v-brighton-university-hospitals-nhs-foundation-trust/)
- [Sajid v Bond Adams LLP](https://www.employmentsolicitor.com/tag/sajid-v-bond-adams-llp/)
- [Court of Appeal](https://www.employmentsolicitor.com/tag/court-of-appeal/)
- [DRONSFIELD v UNIVERSITY OF READING - UKEAT/0200/15/JOJ](https://www.employmentsolicitor.com/tag/dronsfield-v-university-of-reading-ukeat020015joj/)
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- [McTIGUE v UNIVERSITY HOSPITAL BRISTOL NHS FOUNDATION TRUST UKEAT/0354/15/JOJ](https://www.employmentsolicitor.com/tag/mctigue-v-university-hospital-bristol-nhs-foundation-trust-ukeat035415joj/)
- [Section 43K(2)(a) of the Employment Rights Act 1996](https://www.employmentsolicitor.com/tag/section-43k2a-of-the-employment-rights-act-1996/)
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- [XC Trains Ltd v CD and Aslef](https://www.employmentsolicitor.com/tag/xc-trains-ltd-v-cd-and-aslef/)
- [Donovan v Greggs plc](https://www.employmentsolicitor.com/tag/donovan-v-greggs-plc/)
- [pension auto-enrolment](https://www.employmentsolicitor.com/tag/pension-auto-enrolment/)
- [Trustees of William Jones's School Foundation v Parry](https://www.employmentsolicitor.com/tag/trustees-of-william-joness-school-foundation-v-parry/)
- [transgender](https://www.employmentsolicitor.com/tag/transgender/)
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- [ROGERS v (1) WHADDON HOUSE LTD (2) MARLER AND MARLER (3) PRACTICAL HR LTD](https://www.employmentsolicitor.com/tag/rogers-v-1-whaddon-house-ltd-2-marler-and-marler-3-practical-hr-ltd/)
- [EAT Procedure](https://www.employmentsolicitor.com/tag/eat-procedure/)
- [XC TRAINS LTD v (1) CD (2) ASLEF & OTHERS UKEAT/0331/15/LA](https://www.employmentsolicitor.com/tag/xc-trains-ltd-v-1-cd-2-aslef-others-ukeat033115la/)
- [provision criterion or practice](https://www.employmentsolicitor.com/tag/provision-criterion-or-practice/)
- [Chief Constable of West Yorkshire Police v Homer [2012] ICR 704](https://www.employmentsolicitor.com/tag/chief-constable-of-west-yorkshire-police-v-homer-2012-icr-704/)
- [discri](https://www.employmentsolicitor.com/tag/discri/)
- [THE TRUSTEES OF THE WILLIAM JONES’S SCHOOLS FOUNDATION v PARRY UKEAT/0088/16/JOJ](https://www.employmentsolicitor.com/tag/the-trustees-of-the-william-joness-schools-foundation-v-parry-ukeat008816joj/)
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- [unreasonable conduct](https://www.employmentsolicitor.com/tag/unreasonable-conduct/)
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- [gender pay gap regulations](https://www.employmentsolicitor.com/tag/gender-pay-gap-regulations/)
- [taxation of PILON payments](https://www.employmentsolicitor.com/tag/taxation-of-pilon-payments/)
- [Arriva North London v Maseya](https://www.employmentsolicitor.com/tag/arriva-north-london-v-maseya/)
- [strike](https://www.employmentsolicitor.com/tag/strike/)
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- [Gill v SAS Grounds Service Ltd](https://www.employmentsolicitor.com/tag/gill-v-sas-grounds-service-ltd/)
- [misconduct](https://www.employmentsolicitor.com/tag/misconduct/)
- [Ajaj v Metroline West Ltd](https://www.employmentsolicitor.com/tag/ajaj-v-metroline-west-ltd/)
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- [unfair dismissal claim](https://www.employmentsolicitor.com/tag/unfair-dismissal-claim/)
- [The European Convention on Human Rights](https://www.employmentsolicitor.com/tag/the-european-convention-on-human-rights/)
- [RIPA and the Telecommunications Regulations](https://www.employmentsolicitor.com/tag/ripa-and-the-telecommunications-regulations/)
- [electronic communications policy](https://www.employmentsolicitor.com/tag/electronic-communications-policy/)
- [time-limits](https://www.employmentsolicitor.com/tag/time-limits/)
- [jurisdiction](https://www.employmentsolicitor.com/tag/jurisdiction/)
- [UK Visas and Immigration](https://www.employmentsolicitor.com/tag/uk-visas-and-immigration/)
- [illegal workers](https://www.employmentsolicitor.com/tag/illegal-workers/)
- [zero hour contracts](https://www.employmentsolicitor.com/tag/zero-hour-contracts/)
- [parental bereavement leave](https://www.employmentsolicitor.com/tag/parental-bereavement-leave/)
- [Sevacare and Haringey](https://www.employmentsolicitor.com/tag/sevacare-and-haringey/)
- [care workers](https://www.employmentsolicitor.com/tag/care-workers/)
- [office of national statistics](https://www.employmentsolicitor.com/tag/office-of-national-statistics/)
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- [Justice for Health](https://www.employmentsolicitor.com/tag/justice-for-health/)
- [Royal Courts of Justice](https://www.employmentsolicitor.com/tag/royal-courts-of-justice/)
- [Jeffrey v British Counci](https://www.employmentsolicitor.com/tag/jeffrey-v-british-counci/)
- [British Council](https://www.employmentsolicitor.com/tag/british-council/)
- [expatriate employees](https://www.employmentsolicitor.com/tag/expatriate-employees/)
- [migrant entreprenuers](https://www.employmentsolicitor.com/tag/migrant-entreprenuers/)
- [Entrepreneurs](https://www.employmentsolicitor.com/tag/entrepreneurs/)
- [Government schemes](https://www.employmentsolicitor.com/tag/government-schemes/)
- [Foster carers](https://www.employmentsolicitor.com/tag/foster-carers/)
- [Independent Worker’s Union of Great Britain](https://www.employmentsolicitor.com/tag/independent-workers-union-of-great-britain/)
- [Sunday trading hours](https://www.employmentsolicitor.com/tag/sunday-trading-hours/)
- [Worker's rights](https://www.employmentsolicitor.com/tag/workers-rights/)
- [Sunday working](https://www.employmentsolicitor.com/tag/sunday-working/)
- [The Enterprise Act 2016](https://www.employmentsolicitor.com/tag/the-enterprise-act-2016/)
- [Online Labour Index](https://www.employmentsolicitor.com/tag/online-labour-index/)
- [Labour market](https://www.employmentsolicitor.com/tag/labour-market/)
- [labour market statistics](https://www.employmentsolicitor.com/tag/labour-market-statistics/)
- [KIT days](https://www.employmentsolicitor.com/tag/kit-days/)
- [Statutory maternity pay (SMP)](https://www.employmentsolicitor.com/tag/statutory-maternity-pay-smp/)
- [Employee retention](https://www.employmentsolicitor.com/tag/employee-retention/)
- [Staff loyalty](https://www.employmentsolicitor.com/tag/staff-loyalty/)
- [Ministry of Justice](https://www.employmentsolicitor.com/tag/ministry-of-justice/)
- [The Employment Appeal Tribunal](https://www.employmentsolicitor.com/tag/the-employment-appeal-tribunal/)
- [Compass Group v Morgan](https://www.employmentsolicitor.com/tag/compass-group-v-morgan/)
- [Self-employed](https://www.employmentsolicitor.com/tag/self-employed/)
- [Maternity Action](https://www.employmentsolicitor.com/tag/maternity-action/)
- [employment rights](https://www.employmentsolicitor.com/tag/employment-rights/)
- [exclusivity clauses](https://www.employmentsolicitor.com/tag/exclusivity-clauses/)
- [Low paid workers](https://www.employmentsolicitor.com/tag/low-paid-workers/)
- [Small Business](https://www.employmentsolicitor.com/tag/small-business/)
- [Enterprise and Employment Act 2015](https://www.employmentsolicitor.com/tag/enterprise-and-employment-act-2015/)
- [ACAS early conciliation](https://www.employmentsolicitor.com/tag/acas-early-conciliation/)
- [Shared parental leave](https://www.employmentsolicitor.com/tag/shared-parental-leave/)
- [Equality](https://www.employmentsolicitor.com/tag/equality/)
- [Foreign workers](https://www.employmentsolicitor.com/tag/foreign-workers/)
- [Glasgow City Council v Dahhan](https://www.employmentsolicitor.com/tag/glasgow-city-council-v-dahhan/)
- [British Gas v Lock](https://www.employmentsolicitor.com/tag/british-gas-v-lock/)
- [Employment Tribunal Appeal](https://www.employmentsolicitor.com/tag/employment-tribunal-appeal/)
- [Homeworking](https://www.employmentsolicitor.com/tag/homeworking/)
- [Homeworker](https://www.employmentsolicitor.com/tag/homeworker/)
- [Employee](https://www.employmentsolicitor.com/tag/employee/)
- [Acas guide](https://www.employmentsolicitor.com/tag/acas-guide/)
- [trade secrets](https://www.employmentsolicitor.com/tag/trade-secrets/)
- [employee's well-being](https://www.employmentsolicitor.com/tag/employees-well-being/)
- [employer](https://www.employmentsolicitor.com/tag/employer/)
- [suspension](https://www.employmentsolicitor.com/tag/suspension/)
- [sex related harassment](https://www.employmentsolicitor.com/tag/sex-related-harassment/)
- [training staff](https://www.employmentsolicitor.com/tag/training-staff/)
- [sex](https://www.employmentsolicitor.com/tag/sex/)
- [pay cuts](https://www.employmentsolicitor.com/tag/pay-cuts/)
- [redundancies](https://www.employmentsolicitor.com/tag/redundancies/)
- [collective consultation](https://www.employmentsolicitor.com/tag/collective-consultation/)
- [Employment Appeal Tribunal. British Gas v Lock](https://www.employmentsolicitor.com/tag/employment-appeal-tribunal-british-gas-v-lock/)
- [flexible working hours](https://www.employmentsolicitor.com/tag/flexible-working-hours/)
- [Snell v Network Rail](https://www.employmentsolicitor.com/tag/snell-v-network-rail/)
- [Time Off](https://www.employmentsolicitor.com/tag/time-off/)
- [Safety Representatives and Safety Committees Regulations 1977](https://www.employmentsolicitor.com/tag/safety-representatives-and-safety-committees-regulations-1977/)
- [Rowe v London Underground Limited](https://www.employmentsolicitor.com/tag/rowe-v-london-underground-limited/)
- [automatic unfair dismissal](https://www.employmentsolicitor.com/tag/automatic-unfair-dismissal/)
- [Broecker v Metroline Travel Limited](https://www.employmentsolicitor.com/tag/broecker-v-metroline-travel-limited/)
- [Brierley v Asda](https://www.employmentsolicitor.com/tag/brierley-v-asda/)
- [The Women and Equalities Committee](https://www.employmentsolicitor.com/tag/the-women-and-equalities-committee/)
- [reasonable adjustment](https://www.employmentsolicitor.com/tag/reasonable-adjustment/)
- [employee representatives](https://www.employmentsolicitor.com/tag/employee-representatives/)
- [criminal record](https://www.employmentsolicitor.com/tag/criminal-record/)
- [Exceptions Order](https://www.employmentsolicitor.com/tag/exceptions-order/)
- [Rehabilitation of Offenders Act 1974](https://www.employmentsolicitor.com/tag/rehabilitation-of-offenders-act-1974/)
- [Deliveroo](https://www.employmentsolicitor.com/tag/deliveroo/)
- [Estoppel](https://www.employmentsolicitor.com/tag/estoppel/)
- [Extension of time](https://www.employmentsolicitor.com/tag/extension-of-time/)
- [Fairlead Maritime Limited v Parsoya](https://www.employmentsolicitor.com/tag/fairlead-maritime-limited-v-parsoya/)
- [Lee v HSBC Bank Plc](https://www.employmentsolicitor.com/tag/lee-v-hsbc-bank-plc/)
- [Pugh v RT Electrics Ltd](https://www.employmentsolicitor.com/tag/pugh-v-rt-electrics-ltd/)
- [Equality Act 2010](https://www.employmentsolicitor.com/tag/equality-act-2010/)
- [Scott v EC Maritime PCC Limited](https://www.employmentsolicitor.com/tag/scott-v-ec-maritime-pcc-limited/)
- [Bandara v British Broadcasting Corporation](https://www.employmentsolicitor.com/tag/bandara-v-british-broadcasting-corporation/)
- [disciplinary warning](https://www.employmentsolicitor.com/tag/disciplinary-warning/)
- [childcare](https://www.employmentsolicitor.com/tag/childcare/)
- [EHRC Employment Statutory Code of Practice](https://www.employmentsolicitor.com/tag/ehrc-employment-statutory-code-of-practice/)
- [Thomas v BNP Paribas Real Estate](https://www.employmentsolicitor.com/tag/thomas-v-bnp-paribas-real-estate/)
- [age discrimination](https://www.employmentsolicitor.com/tag/age-discrimination/)
- [Grange v Abellio London Limited](https://www.employmentsolicitor.com/tag/grange-v-abellio-london-limited/)
- [rest breaks](https://www.employmentsolicitor.com/tag/rest-breaks/)
- [working from home](https://www.employmentsolicitor.com/tag/working-from-home/)
- [commuting](https://www.employmentsolicitor.com/tag/commuting/)
- [London](https://www.employmentsolicitor.com/tag/london/)
- [graduates](https://www.employmentsolicitor.com/tag/graduates/)
- [Autumn Statement](https://www.employmentsolicitor.com/tag/autumn-statement/)
- [performance related](https://www.employmentsolicitor.com/tag/performance-related/)
- [CitySprint](https://www.employmentsolicitor.com/tag/citysprint/)
- [Tax](https://www.employmentsolicitor.com/tag/tax/)
- [Section 15 Equality Act 2010](https://www.employmentsolicitor.com/tag/section-15-equality-act-2010/)
- [employee shareholder status](https://www.employmentsolicitor.com/tag/employee-shareholder-status/)
- [Alcohol](https://www.employmentsolicitor.com/tag/alcohol/)
- [holidays](https://www.employmentsolicitor.com/tag/holidays/)
- [discrimination compensation](https://www.employmentsolicitor.com/tag/discrimination-compensation/)
- [HAMPSHIRE COUNTY COUNCIL v WYATT](https://www.employmentsolicitor.com/tag/hampshire-county-council-v-wyatt/)
- [Salary sacrifice schemes](https://www.employmentsolicitor.com/tag/salary-sacrifice-schemes/)
- [Dismissal](https://www.employmentsolicitor.com/tag/dismissal/)
- [vicarious liability](https://www.employmentsolicitor.com/tag/vicarious-liability/)
- [Marital Status](https://www.employmentsolicitor.com/tag/marital-status/)
- [Sexual Orientation Discrimination](https://www.employmentsolicitor.com/tag/sexual-orientation-discrimination/)
- [retirement age](https://www.employmentsolicitor.com/tag/retirement-age/)
- [costs](https://www.employmentsolicitor.com/tag/costs/)
- [without prejudice](https://www.employmentsolicitor.com/tag/without-prejudice/)
- [sexual discrimination](https://www.employmentsolicitor.com/tag/sexual-discrimination/)
- [Baker v Abellio London Ltd](https://www.employmentsolicitor.com/tag/baker-v-abellio-london-ltd/)
- [Obesity](https://www.employmentsolicitor.com/tag/obesity/)
- [Bullying](https://www.employmentsolicitor.com/tag/bullying/)
- [Recruitment](https://www.employmentsolicitor.com/tag/recruitment/)
- [Immigration](https://www.employmentsolicitor.com/tag/immigration/)
- [Dyslexia](https://www.employmentsolicitor.com/tag/dyslexia/)
- [Dyspraxia](https://www.employmentsolicitor.com/tag/dyspraxia/)
- [Progressive Conditions](https://www.employmentsolicitor.com/tag/progressive-conditions/)
- [type 2 diabetes](https://www.employmentsolicitor.com/tag/type-2-diabetes/)
- [Disability Direct Discrimination](https://www.employmentsolicitor.com/tag/disability-direct-discrimination/)
- [Epilepsy Disability Discrimination](https://www.employmentsolicitor.com/tag/epilepsy-disability-discrimination/)
- [SOSR](https://www.employmentsolicitor.com/tag/sosr/)
- [mobility clause](https://www.employmentsolicitor.com/tag/mobility-clause/)
- [The Equality Act 2010](https://www.employmentsolicitor.com/tag/the-equality-act-2010/)
- [Women and Equalities Committee and the Petitions Commission](https://www.employmentsolicitor.com/tag/women-and-equalities-committee-and-the-petitions-commission/)
- [Mobility clauses](https://www.employmentsolicitor.com/tag/mobility-clauses/)
- [PTSD](https://www.employmentsolicitor.com/tag/ptsd/)
- [stress risk assessment](https://www.employmentsolicitor.com/tag/stress-risk-assessment/)
- [Apprenticeships](https://www.employmentsolicitor.com/tag/apprenticeships/)
- [Employment Tribunal Services](https://www.employmentsolicitor.com/tag/employment-tribunal-services/)
- [Pimlico Plumbers v Smith](https://www.employmentsolicitor.com/tag/pimlico-plumbers-v-smith/)
- [Commotion Ltd v Rutty](https://www.employmentsolicitor.com/tag/commotion-ltd-v-rutty/)
- [sexism](https://www.employmentsolicitor.com/tag/sexism/)
- [The Equality and Human Rights Commissions](https://www.employmentsolicitor.com/tag/the-equality-and-human-rights-commissions/)
- [racial discrimination](https://www.employmentsolicitor.com/tag/racial-discrimination/)
- [employment rates](https://www.employmentsolicitor.com/tag/employment-rates/)
- [diversity](https://www.employmentsolicitor.com/tag/diversity/)
- [worker status](https://www.employmentsolicitor.com/tag/worker-status/)
- [self-employment](https://www.employmentsolicitor.com/tag/self-employment/)
- [Lock v British Gas](https://www.employmentsolicitor.com/tag/lock-v-british-gas/)
- [Immigration Skills Charge Regulations 2017](https://www.employmentsolicitor.com/tag/immigration-skills-charge-regulations-2017/)
- [religious discrimination](https://www.employmentsolicitor.com/tag/religious-discrimination/)
- [unconscious bias](https://www.employmentsolicitor.com/tag/unconscious-bias/)
- [EU nationals rights](https://www.employmentsolicitor.com/tag/eu-nationals-rights/)
- [Pay inequality](https://www.employmentsolicitor.com/tag/pay-inequality/)
- [fathers](https://www.employmentsolicitor.com/tag/fathers/)
- [Supreme Court](https://www.employmentsolicitor.com/tag/supreme-court/)
- [walking](https://www.employmentsolicitor.com/tag/walking/)
- [The National Minimum Wage Regulations 2015](https://www.employmentsolicitor.com/tag/the-national-minimum-wage-regulations-2015/)
- [Pimlico Plumbers](https://www.employmentsolicitor.com/tag/pimlico-plumbers/)
- [dress codes](https://www.employmentsolicitor.com/tag/dress-codes/)
- [Contracts of employment](https://www.employmentsolicitor.com/tag/contracts-of-employment/)
- [Pensions Act 2008](https://www.employmentsolicitor.com/tag/pensions-act-2008/)
- [protected characteristics](https://www.employmentsolicitor.com/tag/protected-characteristics/)
- [the Great Repeal Bill](https://www.employmentsolicitor.com/tag/the-great-repeal-bill/)
- [AI](https://www.employmentsolicitor.com/tag/ai/)
- [Future of work](https://www.employmentsolicitor.com/tag/future-of-work/)
- [Artificial intelligence](https://www.employmentsolicitor.com/tag/artificial-intelligence/)
- [working parents](https://www.employmentsolicitor.com/tag/working-parents/)
- [gig economy.self-employed](https://www.employmentsolicitor.com/tag/gig-economy-self-employed/)
- [Parental Bereavement (Pay and Leave) Bill](https://www.employmentsolicitor.com/tag/parental-bereavement-pay-and-leave-bill/)
- [gender pay gap reporting](https://www.employmentsolicitor.com/tag/gender-pay-gap-reporting/)
- [wellbeing](https://www.employmentsolicitor.com/tag/wellbeing/)
- [werable technology](https://www.employmentsolicitor.com/tag/werable-technology/)
- [The General Data Protection Regulation](https://www.employmentsolicitor.com/tag/the-general-data-protection-regulation/)
- [The Equality and Human Rights Commission](https://www.employmentsolicitor.com/tag/the-equality-and-human-rights-commission/)
- [CASE OF BĂRBULESCU v. ROMANIA](https://www.employmentsolicitor.com/tag/case-of-barbulescu-v-romania/)
- [Pregnancy Discrimination](https://www.employmentsolicitor.com/tag/pregnancy-discrimination/)
- [Pregnant Workers Directive](https://www.employmentsolicitor.com/tag/pregnant-workers-directive/)
- [European Advocate General](https://www.employmentsolicitor.com/tag/european-advocate-general/)
- [maternity discrimination](https://www.employmentsolicitor.com/tag/maternity-discrimination/)
- [statutory redundancy pay](https://www.employmentsolicitor.com/tag/statutory-redundancy-pay/)
- [mental](https://www.employmentsolicitor.com/tag/mental/)
- [collective redundancy](https://www.employmentsolicitor.com/tag/collective-redundancy/)
- [low pay](https://www.employmentsolicitor.com/tag/low-pay/)
- [in-work poverty](https://www.employmentsolicitor.com/tag/in-work-poverty/)
- [Pregnancy and maternity discrimination](https://www.employmentsolicitor.com/tag/pregnancy-and-maternity-discrimination/)
- [senior executives](https://www.employmentsolicitor.com/tag/senior-executives/)
- [Social Mobility Commission](https://www.employmentsolicitor.com/tag/social-mobility-commission/)
- [confidentiality](https://www.employmentsolicitor.com/tag/confidentiality/)
- [data breach](https://www.employmentsolicitor.com/tag/data-breach/)
- [robots](https://www.employmentsolicitor.com/tag/robots/)
- [demotion](https://www.employmentsolicitor.com/tag/demotion/)
- [inflation](https://www.employmentsolicitor.com/tag/inflation/)
- [salaries](https://www.employmentsolicitor.com/tag/salaries/)
- [economy](https://www.employmentsolicitor.com/tag/economy/)
- [outsourced workers](https://www.employmentsolicitor.com/tag/outsourced-workers/)
- [Matthew Taylor](https://www.employmentsolicitor.com/tag/matthew-taylor/)
- [The Taylor Review of Modern Working Practices](https://www.employmentsolicitor.com/tag/the-taylor-review-of-modern-working-practices/)
- [pregnancy harassment grievance](https://www.employmentsolicitor.com/tag/pregnancy-harassment-grievance/)
- [good work](https://www.employmentsolicitor.com/tag/good-work/)
- [Government](https://www.employmentsolicitor.com/tag/government/)
- [BAME](https://www.employmentsolicitor.com/tag/bame/)
- [wrongful constructive dismissal](https://www.employmentsolicitor.com/tag/wrongful-constructive-dismissal/)
- [employment tribunal claims](https://www.employmentsolicitor.com/tag/employment-tribunal-claims/)
- [bonus](https://www.employmentsolicitor.com/tag/bonus/)
- [full time employment](https://www.employmentsolicitor.com/tag/full-time-employment/)
- [part time](https://www.employmentsolicitor.com/tag/part-time/)
- [leisure](https://www.employmentsolicitor.com/tag/leisure/)
- [CIPD](https://www.employmentsolicitor.com/tag/cipd/)
- [GDPR](https://www.employmentsolicitor.com/tag/gdpr/)
- [intellectual property](https://www.employmentsolicitor.com/tag/intellectual-property/)
- [loneliness](https://www.employmentsolicitor.com/tag/loneliness/)
- [material detriment](https://www.employmentsolicitor.com/tag/material-detriment/)
- [unlawful deductions](https://www.employmentsolicitor.com/tag/unlawful-deductions/)
- [third party liability](https://www.employmentsolicitor.com/tag/third-party-liability/)
- [the Presidents Club](https://www.employmentsolicitor.com/tag/the-presidents-club/)
- [grievance and disciplinary](https://www.employmentsolicitor.com/tag/grievance-and-disciplinary/)
- [podcasts](https://www.employmentsolicitor.com/tag/podcasts/)
- [Five Things](https://www.employmentsolicitor.com/tag/five-things/)
- [hidden disabilities](https://www.employmentsolicitor.com/tag/hidden-disabilities/)
- [European Union](https://www.employmentsolicitor.com/tag/european-union/)
- [ethnic pay gap](https://www.employmentsolicitor.com/tag/ethnic-pay-gap/)
- [women returners](https://www.employmentsolicitor.com/tag/women-returners/)
- [ET fees](https://www.employmentsolicitor.com/tag/et-fees/)
- [stress](https://www.employmentsolicitor.com/tag/stress/)
- [bumping](https://www.employmentsolicitor.com/tag/bumping/)
- [hugging](https://www.employmentsolicitor.com/tag/hugging/)
- [long hours](https://www.employmentsolicitor.com/tag/long-hours/)
- [Night workers](https://www.employmentsolicitor.com/tag/night-workers/)
- [Sleep in shifts](https://www.employmentsolicitor.com/tag/sleep-in-shifts/)
- [Privacy Impact Assessment](https://www.employmentsolicitor.com/tag/privacy-impact-assessment/)
- [surveillance](https://www.employmentsolicitor.com/tag/surveillance/)
- [Data Protection](https://www.employmentsolicitor.com/tag/data-protection/)
- [EHRC](https://www.employmentsolicitor.com/tag/ehrc/)
- [non disclosure agreements](https://www.employmentsolicitor.com/tag/non-disclosure-agreements/)
- [NDAs](https://www.employmentsolicitor.com/tag/ndas/)
- [transgender discrimination](https://www.employmentsolicitor.com/tag/transgender-discrimination/)
- [constructive unfair dismissal](https://www.employmentsolicitor.com/tag/constructive-unfair-dismissal/)
- [non-disclosure arrangements](https://www.employmentsolicitor.com/tag/non-disclosure-arrangements/)
- [payments in lieu of notice](https://www.employmentsolicitor.com/tag/payments-in-lieu-of-notice/)
- [wage growth](https://www.employmentsolicitor.com/tag/wage-growth/)
- [London living wage](https://www.employmentsolicitor.com/tag/london-living-wage/)
- [racial bias](https://www.employmentsolicitor.com/tag/racial-bias/)
- [Subject Access Request](https://www.employmentsolicitor.com/tag/subject-access-request/)
- [gender inequality](https://www.employmentsolicitor.com/tag/gender-inequality/)
- [unemployment](https://www.employmentsolicitor.com/tag/unemployment/)
- [#ukemplaw](https://www.employmentsolicitor.com/tag/ukemplaw/)
- [employment lawyer](https://www.employmentsolicitor.com/tag/employment-lawyer/)
- [David Whincup](https://www.employmentsolicitor.com/tag/david-whincup/)
- [tweets](https://www.employmentsolicitor.com/tag/tweets/)
- [employment tribunals](https://www.employmentsolicitor.com/tag/employment-tribunals/)
- [judges](https://www.employmentsolicitor.com/tag/judges/)
- [1970s](https://www.employmentsolicitor.com/tag/1970s/)
- [The Employment Protection (Consolidation) Act 1978](https://www.employmentsolicitor.com/tag/the-employment-protection-consolidation-act-1978/)
- [Caerphilly CBC](https://www.employmentsolicitor.com/tag/caerphilly-cbc/)
- [pay dispute](https://www.employmentsolicitor.com/tag/pay-dispute/)
- [salary](https://www.employmentsolicitor.com/tag/salary/)
- [Leeds](https://www.employmentsolicitor.com/tag/leeds/)
- [meet the employment lawyer](https://www.employmentsolicitor.com/tag/meet-the-employment-lawyer/)
- [employee engagement](https://www.employmentsolicitor.com/tag/employee-engagement/)
- [careers](https://www.employmentsolicitor.com/tag/careers/)
- [flexible work](https://www.employmentsolicitor.com/tag/flexible-work/)
- [family-friendly](https://www.employmentsolicitor.com/tag/family-friendly/)
- [Working Time Regulations 1998](https://www.employmentsolicitor.com/tag/working-time-regulations-1998/)
- [health](https://www.employmentsolicitor.com/tag/health/)
- [editorial](https://www.employmentsolicitor.com/tag/editorial/)
- [contact](https://www.employmentsolicitor.com/tag/contact/)
- [media](https://www.employmentsolicitor.com/tag/media/)
- [philosophical belief](https://www.employmentsolicitor.com/tag/philosophical-belief/)
- [The Woman and Equalities Commission](https://www.employmentsolicitor.com/tag/the-woman-and-equalities-commission/)
- [employment contract](https://www.employmentsolicitor.com/tag/employment-contract/)
- [#MeToo](https://www.employmentsolicitor.com/tag/metoo/)
- [sexual harassment claims](https://www.employmentsolicitor.com/tag/sexual-harassment-claims/)
- [employee data](https://www.employmentsolicitor.com/tag/employee-data/)
- [vegans](https://www.employmentsolicitor.com/tag/vegans/)
- [veganism](https://www.employmentsolicitor.com/tag/veganism/)
- [Vegan](https://www.employmentsolicitor.com/tag/vegan/)
- [The Court of Appeal](https://www.employmentsolicitor.com/tag/the-court-of-appeal/)
- [statatory holiday pay](https://www.employmentsolicitor.com/tag/statatory-holiday-pay/)
- [menopause](https://www.employmentsolicitor.com/tag/menopause/)