In a recent move, the UK Government has announced plans to reinstate equal pay protection measures that were previously axed as part of the Retained EU Law (Revocation and Reform) Act 2023. This decision is a significant step towards ensuring gender pay equality in the UK. The so-called ‘single source’ test, currently enshrined in the […]
Government to Limit Non-Compete Clauses to Three Months
The UK Government has announced plans to limit the length of non-compete clauses in employment contracts to three months. This means that employees will be able to join competitors or start up rival businesses more easily. The change is expected to benefit the wider economy by increasing the talent pool available to businesses. What are […]
The Workers Act 2023: What you need to know
The Workers (Predictable Terms and Conditions) Act 2023 was given Royal Assent on 18 September 2023. This groundbreaking legislation will give all workers, including those on zero-hours or temporary contracts, the legal right to request a predictable working pattern. It is expected to affect approximately one million workers across the UK. The Business and Trade […]
Worker Protection Bill: Key elements amended or scrapped
Earlier this year, we reported that the Worker Protection (Amendment of Equality Act 2010) Bill was passing through Parliament and anticipated to receive Royal Assent in 2024. However, several key elements of the Bill relating to third-party liability and sexual harassment have now been either amended or scrapped entirely following its passage through the House […]
Is two weeks’ paid paternity leave enough?
A new report from the Centre for Progressive Policy (CPP), Pregnant Then Screwed and Women in Data, on the societal and economic impact of paternity leave has found that increasing paid paternity leave to six weeks could reduce the gender pay gap and help to equalise men and women’s participation in the labour market. The […]
Minimum service levels required during strike action
Against a backdrop of increased industrial action in public services, the UK Government proposed a new Bill providing for regulations to set minimum service levels (MSL’s) during strike action in a number of public service sectors. The Strikes Bill received Royal Assent on 20 July 2023 and the Government is now changing the conditions that […]
Statutory Code of Practice on changing employment terms
The draft Code of Practice on changing employment terms for employees was published on 24 January 2023 with a twelve-week consultation period that ended on 18 April 2023. There was very little in the draft Code that diverged from the way institutions have been dealing with the issue of termination and re-engagement, where it becomes […]
The risks of using CCTV footage as evidence in hearings
Many employers are unaware of the risks of using CCTV footage as evidence in disciplinary proceedings. After all, with the prevalence of closed-circuit television in our society, you would think that if a person is caught on camera doing something wrong and can be easily identified, such evidence could be used without question in a […]
David Harris discusses the teachers strike on BBC Berkshire
The Teachers strikes in February will mean school closures but can you take time off work and do you get paid? David Harris discusses this issue on today’s BBC Berkshire Breakfast Show. Listen here: Employment Law Advice · David Harris Discusses the Teachers Strike on BBC Berkshire Feel free to contact us for any legal […]
New ACAS guidance on employee suspensions
The Advisory, Conciliation, and Arbitration Service (ACAS) recently published new advice on how to handle employee suspensions. Suspending an employee might be necessary during a disciplinary or grievance investigation, or for the purposes of safeguarding the health and safety of the individual concerned. Since this is a relatively common practice, most properly drafted employment contracts […]
New holiday pay ruling for part-time workers
The Supreme Court has upheld the Court of Appeal’s judgment in Harpur Trust v Brazel. The ruling states that holiday pay for permanent staff who only work part of the year, such as term-time workers, should get a full 5.6 weeks’ annual leave per year. Pay should be calculated over a 52-week average, rather than […]
Neurodiversity in the workplace
It is estimated that neurodiversity affects between 10 and 20 percent of the global population. Neurodivergent people generally tend to perceive their surroundings and process information differently from neurotypical people. Since they often possess unique abilities, employers are looking to harness the skills and talents that they can bring to the workplace. In relation to […]
Temporary workers can now fill in for striking workers
The Government has repealed restrictions that prevent temporary agency workers from filling in for employees who take part in industrial action. There has also been an increase in the maximum damages that courts can award against a trade union when strike action has been found to be unlawful. Hiring agency workers to replace those on […]
Long Covid and disability discrimination
The recent case of Burke -v- Turning Point Scotland has found that an employee suffering from long Covid was in fact disabled for the purpose of the Equality Act 2010. In May 2022, the Equalities and Human Rights Commission made a statement in respect of long Covid whereby they stated: “Discussions continue on whether ‘long […]
Case law update – harassment and discrimination
The recent case of Mellor -v- MFG Academies Trust has considered the position whereby an employer has failed to provide a private space for a female employee to express breast milk when at work. In this case, Ms Mellor who worked as a teacher had requested a private space to use in order to express […]
New UK employment law proposals in the pipeline
The UK Government has proposed several major legal changes that will have a significant impact on employers should they come into action:- Sexual harassment The Government has proposed taking action to ensure that employers take all possible steps to prevent sexual harassment in the workplace. The Government’s key proposals include the following:- Introducing a mandatory […]
Protection from violence and harassment in the workplace
Back in June 2019, the International Labour Organisation adopted a new Convention and Recommendation in respect of Violence and Harassment in the Workplace. This is the International Labour Convention Number 190. In March of this year, the UK Government also signed International Labour Convention Number 190, making them the eleventh country to do so. The […]
How to avoid gender pay discrimination
On International Women’s Day, the Minister for Women, Baroness Stedman-Scott, announced an equal pay transparency pilot scheme by publishing salaries on all job adverts. Studies have shown that not asking interviewees about their previous salary at the interview stage ensures that unequal pay between men and women does not become further entrenched when they start […]
Increases in pay rates and compensation limits for 2022
April 2022 saw an increase in several rates and limits that would be relevant to employers, including compensation for unfair dismissal, redundancy pay, statutory sick pay and the national minimum wage. Details of the most notable changes are below:- Family Friendly Rights From 3 April 2022, the weekly rate of the maternity allowance as well […]
When does workplace banter become harassment?
Discrimination legislation in the UK protects employees from “banter” which has the effect of violating their dignity or creating an intimidating, humiliating, hostile, degrading or offensive environment. Such conduct can amount to harassment if it is related to one of the protected characteristics listed below: – Age Disability Gender reassignment Marriage and civil partnership Pregnancy […]
Fire and rehire practices under further Government scrutiny
The practice commonly known as “fire and rehire”, involving the dismissal and re-engagement of employees on new terms has come under further adverse scrutiny. A Private Member’s Bill, seeking to discourage such practices, attracted attention in the media and ACAS published guidance for employers, at the request of the Government. What is the new UK […]
David Harris speaks on BBC Radio about vaccination requirements in some workplaces
David Harris speaks to Andrew Peach on BBC Radio Berkshire about the increasing number of companies that are requiring their employees to be vaccinated against COVID-19 and how this affects the rights of workers from an employment law perspective. You can listen to the interview here: Employment Law Advice · David Harris speaks on BBC […]
What you need to know about protected conversations
What is a protected conversation? The Employment Rights Act 1996 provides legal protection which allows an employer, in certain circumstances, to approach employees to have a conversation regarding how their exit from the business might be managed. An employer may choose to take this approach to avoid going through a formal disciplinary or performance management […]
Dealing with sexual harassment in the workplace
The UK Government has issued a response to the consultation on sexual harassment in the workplace, stating that as soon as Parliamentary time allows, it intends to introduce: a specific duty requiring employers to prevent sexual harassment, in order to encourage employers to take positive proactive steps to make the workplace safer for everyone; explicit […]
Employee benefits in a post-pandemic world
The sweeping impact of the COVID-19 pandemic has shifted how, when and where millions of people work. Firms that previously did not allow remote working under any circumstances changed their tune and offered flexible working options. As part of this broader change, companies also altered the benefits they offered to newly hired and existing workers. […]
The Good Work Plan
This month a number of new or revised provisions are to be introduced. It is important employers are aware of the new provisions. These changes are being introduced under the “Good Work Plan”. This plan covers when a contract (or written statement of terms) should be provided to an employee, how to calculate holiday pay, […]
David Harris discusses Furlough leave from the employers perspective on BBC Radio Berkshire
David Harris, Managing Partner at DPH Legal was interviewed by Sarah Walker on BBC Radio Berkshire about Furlough leave and what it means for employers. You can listen to the interview here: You can listen to part two of the interview, where he discusses stat sick pay and your rights if starting a new job […]
David Harris answers listeners questions on BBC Radio Berkshire with Sarah Walker.
David Harris, Managing Partner at DPH Legal was interviewed by Sarah Walker at BBC Radio Berkshire, During the interview, he answered a range of listeners’ questions. You can listen to part one of the interview, where David Harris answers questions on furlough leave, here: You can listen to part two of the interview, […]
David Harris discusses changes to pay for the employed and self employed on BBC West Midlands Radio
David Harris, Managing Partner at DPH Legal was interviewed by Richard Wilford of West Midlands BBC Radio about the latest updates to Employed and self-employed workers’ rights. You can listen to the interview here: David Philip HarrisDavid Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and […]
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 [2018] 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 […]
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 […]