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News

EHRC 2024: Supporting Disabled Workers in Hybrid Work

On 5 September 2024, the Equality and Human Rights Commission (EHRC) published new guidance aimed at helping employers support disabled workers in hybrid working environments. This comprehensive guidance targets managers and leaders and provides them with practical tips, conversation prompts, and case studies covering recruitment and employment processes. The guidance comes as hybrid working models […]

Potential Impact of Planned Ban of Zero-Hour Contracts

UK Government proposals to ban exploitative zero-hour contracts are likely to strengthen worker rights. However, the proposals will enormously impact the higher education, technology, and digital markets sectors across the UK. A blanket ban on zero-hour contracts would require businesses to rethink their workforce strategies—for instance, in situations where short-term contract work or specific expertise […]

How Did Taylor’s Services Ltd v HMRC Affect National Minimum Wage for Travel Time?

Case Overview In Taylor’s Services Ltd v HMRC, zero-hours workers travelled to farms nationwide providing poultry services. They were picked up by their employer’s minibus from their home addresses. HMRC issued a notice of underpayment of national minimum wage (NMW) to their employer. HMRC concluded that time spent by the workers travelling by minibus to and from […]

Did HH Clayson & Others Face Unfair Treatment in Their Pension Benefits as Part-Time Judges?

This case discusses whether three part-time judges, previously Recorders and later appointed as Circuit Judges after 31 March 1995, were entitled to the same pension benefits as full-time Circuit Judges appointed before this date. Case Background  Before 31 March 1995, full-time Circuit Judges received pension benefits under the Judicial Pensions Act 1981 (JPA). Following this […]

Universities and the Duty of Care

Universities are expected to strike a balance between fostering independence for their students and providing a safe and supportive environment. If a university breaches its duty of care, it may be held liable for any resulting harm or loss, depending on the jurisdiction and specific circumstances. A Tragic Case: Natasha Abrahart A recent tragic case […]

Enhanced redundancy protection for families

The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 came into force on 6 April 2024. It extended the redundancy protection available to new parents. Before this new Act, employees on maternity, shared parental or adoption leave had the right to be offered any suitable alternative jobs. This was before other employees […]

Disability discrimination due to neurodiverse conditions

In the recent case of Miss L Crawford v The Chief Constable of Cumbria Constabulary an Employment Tribunal ruled that an autistic Police Officer who was rejected from firearms training, was found to have been treated unfavourably and to have suffered discrimination. Miss Crawford, a Police Officer with Cumbria Police, suffered direct disability discrimination, indirect disability discrimination, and was […]

Understanding the Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Effective from 6 April 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 introduces enhanced safeguards for employees who are pregnant. It also provides protections for those who have recently returned from maternity, adoption or shared parental leave. This legislation ensures that these individuals receive priority consideration for alternative employment opportunities in the […]

Carer’s Leave Act 2023

From 6 April 2024, employees will have a statutory right to one week’s unpaid leave to care for a dependant with a long-term care need. The Carer’s Leave Regulations 2024 have now been published in draft form and provide the details about how this new right will work in practice. The definition of “dependant” aligns […]

UK Government publishes draft legislation on holiday entitlement and pay

The UK Government has published draft legislation to implement important changes to holiday entitlement and pay under the Working Time Regulations. The draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 follow the Government’s response to two consultations covering a raft of holiday pay issues generated by EU law and domestic case law. The […]

David Harris speaks on BBC Radio about the future for Wilko employees

After its announcement that it has taken “the difficult decision” to “enter administration”, Wilko’s 12,500 employees are now faced with possible redundancy if the administrators are unable to find a buyer for the high street retailer. In his discussion with Kirsten O’Brian on BBC Radio Berkshire, Managing Partner, David Harris explains the way forward for […]

Without prejudice letter contained effective dismissal

The Employment Appeal Tribunal has supported a Tribunal’s finding that a Claimant’s employment was effectively terminated by a “Without Prejudice” letter containing a dismissal and erroneously referring to termination by “mutual agreement”. In the matter of Meaker v Cyxtera Technology UK Ltd, the Employment Appeal Tribunal held that a“Without Prejudice” letter which included a draft […]

Discrimination arising from disability

In the recent case of Morgan v Buckinghamshire Council, the Employment Appeal Tribunal found that the dismissal of an employee disabled with autism, whose conduct had been influenced by her disability, was not unfair and did not constitute discrimination arising from disability. The Claimant was employed as a Social Worker by the Council within its […]

The new Worker Protection Bill

The Worker Protection (Amendment of Equality Act 2010) Bill is now on its second reading in the House of Lords and is close to being given Royal Assent. Whilst its provisions will not come into force for another year after being passed, businesses should start preparing now for the changes it will bring. Under the […]

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 […]

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 […]

Workers are not protected against detriments imposed by employers in response to industrial action

Reversing a significant decision by the Employment Appeals Tribunal (EAT), the Court of Appeal in Mercer v Alternative Future Group has confirmed that workers are not protected against detriments imposed by employers in response to industrial action. An example of this might be taking disciplinary action against employees for leaving a shift to take part […]

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 […]

David Harris speaks on BBC Radio about the Government’s attempts to discourage home working

Listen to David Harris speaking to Bill Buckley on BBC Radio Berkshire about the Government’s recent announcement that civil servants must return to working in the office to “ensure that buildings are running at full capacity”. During the conversation, David discusses the legal rights that employees have to request flexible working arrangements. He also points […]

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 […]

Working with Long COVID

It is nearly two years since the first COVID-19 lockdown in the United Kingdom and for many people, working with Long COVID has become an unfortunate daily reality. What is Long COVID? Long COVID is the name given to a condition in which the effects of COVID-19 continue for a prolonged period.  It can affect […]

When are post-termination restriction clauses unreasonable?

Post-termination restriction clauses can be controversial as there are often doubts as to their enforceability. There is currently a public consultation on proposals to reform post-termination non-competition clauses, which might prevent them from being enforced to any degree in the future. We eagerly await the Government’s response to this consultation. At present, post-termination restrictions are […]

When To Contact A Employment Lawyer

Employment solicitors provide invaluable advice and representation to both employers and employees facing workplace legal issues. Their involvement can make a substantial difference in the resolution of such matters. But when is the right time to contact an employment solicitor in Reading? This article provides insights into scenarios where the expertise of an employment solicitor […]

What Do Employment Solicitors Do

Employment solicitors are crucial figures within the vast world of labour and employment law. These professionals guide both employers and employees through the complexities of the employment legal framework. Let’s take a look at the roles of employment solicitors, the legal protections they help to enforce, their responsibilities, qualifications required, and earnings. What Does Employment […]

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