Many employers will have experienced difficulties arising from long-term sickness absence. The Court of Appeal’s recent decision in O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145 provides some useful guidance for employers when dealing with long-term sickness absence dismissals. In this case, Ms O’Brien had been absent from work due to ill health […]
Gig Economy continued…
The very recent case of Gascoigne v Addison Lee Limited is the latest in the growing line of recent Gig Economy cases. Mr Gascoigne was a cycle courier providing services to Addison Lee for more than nine years. He argued that he was a “worker” (a middle ground between an employee and self-employed) and as […]
TUPE: Employee Liability Information
A common question to consider when selling your business is how much information ought to be provided to the buyer in relation to your workforce. Considering A Merger? Likewise, if you are considering a merger that will involve buying another business, how much information should you expect to receive from the seller regarding the staff […]
Litigation Risk?
Whilst Employment Tribunals have traditionally presented litigants in person with little risk when it comes to adverse costs awards, it is clear to us that an increasingly robust approach is being adopted, as can be seen from the EAT’s decision in Liddington v 2gether NHS Trust. Whistleblower Claims In this instance, the Appellant, Ms Liddington, […]
What All Employees Should Consider Before Signing a Settlement Agreement
Have you been offered a settlement agreement? Here are a few things to consider before agreeing to the terms. Settlement agreements are generally offered to employees when they are made redundant or if the employer feels the individual is underperforming or guilty of misconduct. It is a document that includes an offer of a sum […]
Carrying over holiday pay
Does a worker’s paid holiday entitlement carry over to subsequent years if they do not take holiday because their employer refuses to pay them? In short, yes it does. Not Using Holiday Entitlement? Where a worker does not use their entitlement to paid holiday because they would not be paid by their employer, the worker […]
A Recent Success in the EAT
DPH Legal recently represented the successful claimant, Mr Basra, in the Employment Appeal Tribunal (EAT) in his appeal against a decision of the Tribunal. The EAT decision has been reported widely in the legal press. The question was whether Mr Basra had effectively resigned by responding to a “without prejudice” offer of a settlement agreement from […]
Employment Status
Employment Status The past year has seen numerous claims from individuals seeking to prove their employment rights, the most prolific of which have been cases within the ‘Gig Economy’ which have been highlighted during previous newsletters. Employment status is sure to remain a key issue before the Courts and the Employment Tribunals during 2018. Uber […]
New statutory rates of pay to come into force
The government recently published details of the proposed new statutory rates for maternity pay, paternity pay, shared parental pay, adoption pay and sick pay which will apply from April 2018. Statutory maternity pay is due to rise from £140.98 to £145.18 per week from 1 April 2018 (although SMP remains at 90% of the employee’s […]
They said they would not compete
As experienced employment lawyers, we frequently advise employer clients on restraining employees’ post-employment activity to prevent competitive activity. A recent case provides guidance in relation to the circumstances surrounding an employee resigning and stating that they do not intend to compete but then subsequently choose to do so. The High Court (Chancery Division) recently found […]
David Harris interview on BBC Radio Berkshire about gender pay gap
David Harris, Managing Partner of DPH Legal, employment solicitors, was asked by BBC Radio Berkshire to comment on the recent disclosures made by their own organisation of Executive salaries. Following the disclosures, disparities were noted between certain recognisable television personalities, e.g. Sue Barker and Alan Shearer, which some say provided stark evidence of a continuing […]
Whistleblowing update: damages for stigma and loss of future prospects
The Court of Appeal in Small v Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882 recently considered the question of whether a Claimant ought to receive damages for stigma and loss of future prospects where the evidence suggests so but the issue has not been raised by the parties. In this instance, the […]
What next for the gig economy?
The much-anticipated Taylor Review (or to give it its formal title, “Good work: the Taylor review of modern working practices”) was published on 11 July 2017 A full copy of the Review can be accessed via the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/627671/good-work-taylor-review-modern-working-practices-rg.pdf The Review has come, at least in part, in response to the recent plethora of […]
Dealing with stress in the workplace
Figures from the Chartered Institute of Personnel and Development show that, for the very first time, stress is the most common cause of long-term sickness and accounts for around 35% of all work-related ill health cases and 43% of all working days lost due to ill health. Preventing and dealing with workplace stress is a […]
Diocesan Discrimination
The inherent complexities of Equality Law are again in the spotlight following the recent Employment Appeal Tribunal (EAT) case of Pemberton v Bishop of Southwell & Nottingham. Anglican priest, Reverend Pemberton, saw his application for a position as Chaplain at an NHS Trust rejected following the Bishop of Southwell & Nottingham’s refusal to grant the […]