It is now well over a year since the first case of COVID-19 was diagnosed in the UK on 29 January 2020. Among the many issues thrown up by the COVID-19 pandemic are questions relating to how employers should treat those employees affected by it. Not least the looming long-term consequences around what is being […]
Employment Status Checker
In the wake of a number of recent heavily publicised cases concerning employment status, HMRC has created an online tool to help determine – for tax purposes. Whether an individual is an employee or self-employed, and Whether they might be covered by IR35. The “check employment status for tax” tool can be found via the […]
Reference requests – a reality check
Employers can usually choose whether to give a reference or not, but if they do elect to provide one, it must be fair and accurate. References must not include inaccurate or misleading information and employers should avoid giving subjective comments or opinions that are not supported by facts. Some references might suggest that the job […]
The ‘Gig Economy’
The Uber tribunal verdict which was handed down in October has far-reaching implications when it comes to the future of the gig economy. Uber Appeals Their Verdict Uber has appealed the verdict, which ruled that the terms and conditions of the arrangement two drivers had with the company meant that they should be classified as […]
When Liability is Left at the Hotel Room Door
We occasionally deal with issues for clients concerning misconduct and gross misconduct at the office Christmas party. Although a unique situation, DPH Legal are able to provide specialist legal advice on this matter. Judgement From the High Court In this theme, the High Court has delivered an interesting Judgement this month with regard to liability […]
Increase in Early Conciliation and Tribunal Claims
Since July 2013 it has been a precondition of bringing a claim in the Employment Tribunal that a prospective claimant must first follow the ACAS Early Conciliation process and obtain an ACAS Early Conciliation certificate. This requirement coincided with the introduction of Employment Tribunal fees. From July 2017 Employment Tribunal fees were abolished following the […]
Pre-cancerous condition deemed a “disability” under the Equality Act 2010?
The Employment Appeal Tribunal, in Lofty v Hamis (t/a First Café) recently held that a pre-cancerous condition was deemed a “disability” under the Equality Act 2010 (a transcript of the judgement can be accessed here http://www.bailii.org/uk/cases/UKEAT/2018/0177_17_1801.html). The Claimant, a café assistant, had been diagnosed as suffering from lentigo maligna, describing this as a ‘pre-cancerous lesion […]
DPH Legal interviewed on BBC Radio Berkshire about NDAs
Mark Lafferty, Solicitor at DPH Legal, was interviewed to discuss NDAs (Non-Disclosure Agreements) on BBC Radio Berkshire yesterday. You can listen to the interview here: Non-Disclosure Agreements have been in the news recently due to their frequent use in employment disputes relating to discrimination, harassment bullying and whistleblowing. The #MeToo campaign has also shone […]
Parental Bereavement Leave and Pay
The Parental Bereavement (Leave and Pay) Bill is anticipated to come into force in 2020. This Act will ensure that employees who have lost a child under 18 or suffered a stillbirth from 24 weeks of pregnancy will have a right to two weeks of time away from work. Further details are expected to appear […]
Employment Tribunal remit around pay is clarified
In the case of Agarwal v Cardiff University and Anor, following a period of sickness absence an employee returned to academic duties but was not permitted to return to clinical duties and was therefore paid half their normal salary. The employee felt this was unfair and brought a claim to the Employment Tribunal arguing that […]
Sign on the dotted line…
In the case of Tenon FM Limited v Cawley, the employer tried to enforce post-termination restrictions on an employee who wanted to join a competitor and also persuaded a colleague to do the same. Unfortunately, the employer was unable to produce a signed copy of the contract of employment and so it was relying on […]
It’s more appealing to allow an Appeal!
In the case of Afzal v, East London Pizza Ltd t/a Dominos Pizza an employee was dismissed due to his failure to provide evidence that he was entitled to work in the UK. The employer was not criticised for making this decision however it was noted that the employee was not afforded a right to […]
When does an employee’s notice period begin?
The case of Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood looked Lisa La Grange
Unfair dismissal and discrimination
The Employment Appeal Tribunal (EAT) held in Mbubaegbu v Homerton University Hospital, that a dismissal for misconduct without prior warning was reasonable when multiple issues arise, none of which are, by themselves, gross misconduct. The Claimant was a consultant surgeon. The Hospital had introduced internal reporting procedures designed to address a dysfunctional working environment. Despite an […]
New guidance on dress codes released
The government has released new guidance on dress codes, following a recommendation from the Women and Equalities Select Committee. The guidance highlights that dress codes can be legitimate but that standards for men and women must be equivalent. The guidance specifically highlights the requirement for women to wear high heels as being likely to be direct […]
Hermes couriers classed as workers
In the latest of a string of cases concerning employment status in the so-called ‘gig economy’ Leeds Employment Tribunal recently found that a group of Hermes couriers were workers as opposed to independent contractors and thus entitled to receive the national minimum wage and holiday pay. The Tribunal’s finding is likely to affect up to […]
Key Court of Appeal Judgment
A significant decision has been reached by the Court of Appeal this week. The matter in question was whether a successful appeal against dismissal automatically revives a contract meaning that an employee is reinstated, and no longer considered to be dismissed. The Court of Appeal held that, yes, a successful appeal against dismissal does revive […]
Football is coming home!
Football is coming home! The Advisory, Conciliation and Arbitration Service (ACAS) has published guidance (http://www.acas.org.uk/index.aspx?articleid=6545) for employers in relation to issues that may arise over the FIFA World Cup 2018 period. The guidance is useful as it includes tips on dealing with requests by employees for time off, increased sickness absence, flexible working days, use […]
Tax Change for PILON Payments
Employment contracts often provide that employers can terminate the employment immediately by making a payment in lieu of notice (PILON), rather than having to give the full period of notice. A PILON made under a contractual provision of this kind is taxable under section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA […]
EU residency rights climb down
There has been another update to the rights of EU citizens arriving in the UK during the Implementation Period. The government released a Policy Statement on 28 Feb 2018 which announced a change in approach as regards the rights of EU citizens and their families during the Implementation Period which commences after the withdrawal from […]
More equal pay claims
WM Morrison is facing a potential equal pay claim in the region of £100 million from hundreds of its staff (predominantly women), who are of the belief that they have been underpaid when compared to their colleagues, often men, working in distribution centres and warehouses. Morrison’s shop floor workers namely customer assistants argue that they have […]
Is an employee under a duty to disclose the criminal conviction of others?
The Supreme Court, in Reilly v Sandwell Metropolitan Borough Council  UKSC 16 (a transcript of the judgment can be accessed here https://www.supremecourt.uk/cases/docs/uksc-2016-0170-judgment.pdf), recently held that a dismissal of an individual for failing to disclose a relationship with a person convicted of a serious criminal offence was capable of falling within the range of reasonable […]
Could a four-day working week be good for business?
The TUC has recommended a four-day working week – but can this really work for business? Four-Day Workweek Trial A UK company has recently moved to a four-day working week (with full-time pay but with a 20% drop in holiday entitlement) following a successful trial. The benefits, particularly to health and well-being, were felt to […]