Given the ever-increasing number of cases in the UK and recent announcements by the Government, Employers should now be thinking about whether they need to take any steps to facilitate home working, and encouraging employees to ensure that they have the correct set-up at home to be able to work there if required to do […]
The impact of Coronavirus on wages
Businesses are having to consider how to reduce their wage costs as the coronavirus pandemic starts to have an impact on business and the wider economy. This article sets out what Employers can do when faced with a downturn in business. Employers may be able to take advantage of contractual lay-off and short-time working provisions, […]
David Harris talks to BBC Radio Berkshire about Coronavirus and Sick Pay
David Harris, Managing Partner at DPH Legal was interviewed by Sarah Walker of BBC Radio Berkshire about workers’ rights in relation to sick pay if you need to self-isolate due to Coronavirus. You can listen to the interview here: For further information regarding sick pay and employer or employee rights, you can visit the ACAS […]
David Harris discusses sick pay and self-employed workers on BBC Radio Berkshire
David Harris, Managing Partner at DPH Legal was interviewed by Andrew Peach of BBC Radio Berkshire about workers’ rights in relation to sick pay, particularly those who are self-employed, in relation to coronavirus. You can listen to the interview here: Also go here to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions […]
David Harris discusses sick pay and self-employed workers on BBC Radio Berkshire
David Harris, Managing Partner at DPH Legal was interviewed by Andrew Peach of BBC Radio Berkshire about workers’ rights in relation to sick pay, particularly those who are self-employed, in relation to coronavirus. Also go here to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions about coronavirus and your obligations as an […]
David Harris talks about workers rights and Coronavirus on BBC Radio Berkshire
David Harris, Managing Partner at DPH Legal was interviewed by Sarah Walker of BBC Radio Berkshire about workers’ rights in relation to coronavirus. You can listen to the interview here: https://www.dphlegal.com/wp-content/uploads/2020/03/David-BBC-Interview-CV-2.mp3 Also go to the following page to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions about coronavirus and your obligations […]
Coronavirus – advice for employers
As the likelihood of more cases of Coronavirus in the UK increases, ACAS has published advice for employers on dealing with the situation. The guidance covers how to deal with employees who have the virus and those who do not want to come to work because they are worried about catching it. In summary, ACAS […]
Employment Law Developments for 2020
As far as employment law changes are concerned April tends to be the busiest time of year and 2020 looks to be no different. April will be upon us before we know it and it is important for companies to prepare in advance for those changes which impact the way they run their businesses and […]
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 […]
Employment Tribunal Fees
Earlier this year, the Supreme Court abolished Employment Tribunal (ET) fees and Employment Appeal Tribunal fees and ruled that the fee regime is unlawful. This means that no one should have been asked to pay a fee and those that did are entitled to be refunded from the government. If the government repays fees to […]
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 […]
How to carry out a without prejudice (protected) conversation within the workplace
Employers have always experienced difficulties when attempting to hold genuine without prejudice discussions with employees in relation to matters where it was difficult to prove an existing dispute. The difficulties experienced by employers in this regard prompted the government to introduce legislation to allow pre-termination discussions to take place more easily within the workplace. Without […]
Brexit’s potential influence on UK Employment Law
Since the decision to exit the European Union has been taken by the British public those connected with UK Employment Law have paid close attention to developments which may affect employment rights within the United Kingdom. Many believe that the decision may be linked with a perceived interference of EU-derived human rights legislation which received […]
Long-term sickness absence – a warning to employers
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 […]
Don’t risk being named and shamed!
From December 2018 onwards employers who fail to pay an employment tribunal judgment made against them face not only being sent a penalty notice but also being publicly named. This is intended to act as an added incentive to employers to pay up and is part of a series of responses to the “Taylor Review […]
Tackling Sexual Harassment at Work
On 18 December 2018, the government launched a package of 12 announcements to tackle sexual harassment at work, including consultations on legal protections and on additional protections for volunteers and interns. The government plans to bring in a package of measures in this area, including: a new statutory code of practice on sexual harassment, which […]
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 […]
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 […]
Ethical veganism is a protected characteristic
An Employment Tribunal has made a preliminary finding that ethical veganism is a philosophical belief capable of attracting protection from discrimination under the Equality Act 2010. In this case, the Claimant, Jordi Casamitjana, argued that his ethical veganism amounted to a protected characteristic (specifically that of religion or belief) under the Equality Act 2010. According […]
Gender discrimination
As well in the recent and well-publicised case of Samira Ahmed at the BBC, a City banker won a gender discrimination case after alleging she was paid hundreds of thousands of pounds less than a male colleague and was the victim of a drunken prank that included leaving a witch’s hat on her desk. This […]
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 […]
Post-Brexit immigration rules
Whether or not a deal is reached with the EU the fact remains that the UK will cease to be a member with effect from 29 March 2019, Article 50 triggered a formal legal process to this effect. This means that the rules regarding the employment of EU nationals look set to change as freedom […]
David Harris interviewed by Phil Kennedy of BBC Radio Berkshire about the rights of employees with autism
David Harris was interviewed by Phil Kennedy of BBC Radio Berkshire about the rights of employees with autism. You can listen to the interview here: The Equality Act 2010 protects both job applicants and employees against discrimination because of a protected characteristic. Disability is one of the protected characteristics. A person with autism would usually […]
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 […]
Don’t slip up with payslips!
Significant changes to how UK employers administer payslips are set to come into force later this year. The Government has enacted legislation which means that the statutory right to receive payslips applies to all workers and that new information must be included in payslips for all employees where pay is dependent on time worked. Currently, […]
Get Up To Speed on Age Discrimination
ACAS recently issued a new guide on age discrimination alongside two helpful factsheets which include guidance on workplace circumstances in which age discrimination commonly arises. It also includes 10 myths relating to older employees, and occasions when different treatment because of age may be allowed. As many will be aware, the Equality Act 2010 provides […]
Do employees have to disclose an offence?
In a recent case, all the claimants were convicted or received cautions, for relatively minor offences and they were all ‘spent’. One of the offences was stealing a book worth 99 pence in 1999. However, their criminal records were disclosed when they applied for employment involving contact with children or vulnerable adults and the claimants […]
Christmas Parties – are employers liable for the behaviour of others?
At this time of year when office Christmas drinks are happening here’s a quick reminder of the potential for employers to accrue liability. In Shelbourne v Cancer Research UK, the Claimant was physically lifted up, and dropped by a visiting scientist, when on the dance floor at the Christmas party at her workplace. She sustained […]
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 […]
Whistleblowing reform on its way
The All-Party Parliamentary Group (APPG) has recommended an extensive overhaul of whistleblowing legislation, including the creation of a legal definition for the term ‘whistleblower’. The APPG set out 10 recommendations for change, which experts said would impose significant obligations on organisations of all types. Whistleblowing claims can be complicated to defend and if your organisation […]
Covert Recordings
When advising on employment matters, we often encounter situations where an employee has secretly recorded a meeting or event at the workplace that they wish to use as evidence. A recent case has been considered by the Employment Appeal Tribunal (EAT) which has looked into the effect that the covert recordings could have on an […]
Take a break!
The Court of Appeal has brought some clarity in relation to whether compensatory rest breaks need to be an uninterrupted 20-minute period or can be made up of shorter breaks totalling 20 minutes or more. The judgment in Network Rail Infrastructure v Crawford [2019] EWCA Civ 269 confirms for employers within the exempt sectors, that […]
Mark Lafferty interviewed by BBC about enforcement of the Equality Act
Mark Lafferty talked to BBC Radio Berkshire about the enforcement of the Equality Act 2010. You can listen to the interview here: The Women and Equalities Committee (WEC) has released a report on its year-long investigation of the enforcement of the 2010 Equality Act. The WEC said the current enforcement approach, which relies on individual […]
David Harris interviewed by BBC Radio about changes to Sick Pay
David Harris, Managing Partner at DPH Legal was interviewed by BBC Radio Berkshire to discuss the proposed changes to sick pay entitlement. You can listen to the interview here: Currently, employees must earn at least the equivalent of 14 hours on the minimum wage (at least £118 per week) to qualify for Statutory Sick Pay. […]
Taxing times
From April 2020, changes to the ‘IR35’ regulation will impact employers who engage contractors through Personal Service Companies (PSCs). These changes will expose businesses engaging contractors to significant tax risks. At the moment, where a person provides services to a business through a PSC, income tax and national insurance contributions (NIC) are paid if that […]
Employment Tribunal Time Limits
The usual time limit for a Claimant to issue a tribunal claim for unfair dismissal or constructive dismissal is three months less than one day from the termination of employment. This was tested recently at the Employment Appeal Tribunal. Overview of Pora v Cape Industrial Services Ltd [2019] The decision of the Employment Appeal Tribunal […]
Redundancy Protection for Women on Maternity Leave – BBC Interview
David Harris discusses redundancy protection for women on maternity leave on BBC Radio Berkshire. David Harris was interviewed by Andrew Peach of BBC Radio Berkshire this morning about a proposal being discussed in the House of Commons to extend redundancy protection for women who are pregnant or returning to work, as well as those on […]
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 […]
DPH Legal feature in Buckinghamshire Living Magazine
What is acceptable behaviour at work and when has someone crossed the line? This topic is frequently in the news, especially since the creation of the #metoo and #timesup campaigns, as well as a documentary by the BBC called “Is This Sexual Harassment?”. DPH Legal features in Buckinghamshire Living magazine to give advice about sexual […]
David Harris discusses Age Discrimination on BBC Radio Berkshire
David Harris was interviewed by Phil Kennedy of BBC Radio Berkshire about a recent case where Eileen Jolly, an 88-year-old employee, won her claim of age discrimination against The Royal Berkshire Hospital. You can listen to the interview here: Age discrimination happens when someone is unfairly treated or disadvantaged for reasons relating to their […]
Legal rights of employees with less than two years service
Generally, employees need to have worked for an employer for two years before they can bring a complaint of unfair dismissal. But there are certain exceptions where employees do not need any minimum period of service to bring a claim. If it can be established that the dismissal of an employee is for one of […]