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 […]
Compensation for an unfair redundancy process
Looking to make just one person redundant? The Employment Appeal Tribunal recently decided that having a redundancy pool of one did not mean that dismissal was inevitable and said that the employee should have received some compensation. This serves to illustrate that you should still follow the full process, even when dismissing just one […]
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 […]
UK trial of the four day working week reports success
A trial of the four-day working week in the UK has shown positive results, with employees reporting increased happiness, productivity, and better work-life balance. The sixty-one companies that took part in the trial reduced their working week from five to four days without reducing salaries. During the trial, which was carried out for a period […]
Can employers stop low-paid workers from working elsewhere?
On 5 December 2022, new regulations came into force rendering exclusivity terms in employment and worker contracts unenforceable in situations where the earnings of workers do not exceed the lower earnings limit. The lower earnings limit is the amount specified for the purpose of section 5(1)(a) of the Social Security Contributions and Benefits Act […]
Flexible working laws to change for UK employees
The UK Government has published its response to last year’s consultation on updating flexible working laws. Here is a summary of its response: The right to request flexible working will become a “day one” right. Until now, it has only been available to employees who have been in employment for twenty-six weeks. The Government emphasises […]
UK Employment Law changes we can expect in 2023
Various draft bills related to employment are currently progressing through Parliament and could become law in 2023. One such bill is the Retained EU Law (Revocation and Reform) Bill known as the ‘Brexit Freedoms Bill’ or ‘REUL Bill’ which the Government first presented to the House of Commons in September 2022. The aim of the […]
Disability discrimination and disproportionate dismissal
In the recent case of The Department for Work and Pensions v Boyers, the Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s finding that the claimant’s dismissal constituted discrimination arising from disability under Section 15 of the Equality Act 2010 because her dismissal was not a proportionate means of achieving the respondent’s legitimate aims. Mrs […]
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 […]
Dismissal for leaving work because of concerns about Covid 19
In the case of Rodgers v Leeds Laser Cutting Limited, the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) concluded that an employee dismissed for leaving work and refusing to return because of concerns about Covid 19 was not automatically unfairly dismissed. Section 100 of the Employment Rights Act 1996 (ERA) makes the dismissal of […]
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 […]
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 […]
What employers need to know about industrial action
National Rail and London Underground employees recently participated in the largest strikes since 1989. Their reasons for taking part in industrial action are related to pay, working conditions and intended job cuts. It appears that strike action is also becoming increasingly common in the private sector as we are receiving calls for advice from companies […]
Breaching the terms of a settlement agreement
An employer has a legal obligation to abide by the terms and conditions agreed with an employee as part of a settlement agreement. As a result, breaching the terms of the agreement on the part of an employer can have several significant implications, potentially paving the way for damages claims to be brought by the […]
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 […]
David Harris speaks on BBC Radio about forced pay cuts for home based workers
David Harris speaks to Phil Kennedy on BBC Radio Berkshire about a recent news report that a London law firm is allowing staff to work from home in exchange for a reduction in salary. David discusses the legal rights that employers might have to implement this type of policy and whether home base workers would […]
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 […]
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 […]
Employment rights of people working through digital labour platforms
In the wake of the pandemic, digital labour platforms have become an increasingly important element of the newly emerging social and economic landscape. They have continued expanding in size and it is estimated that in the EU, revenues from these platforms have grown by around 500% in the last five years. How many people in […]
David Harris speaks on BBC Radio about the latest Covid rule changes
Listen to Managing Partner, David Harris, speaking to Andrew Peach on BBC Radio Berkshire about the end of government regulations relating to Covid. From this Thursday, it will be up to employers and employees to make their own judgments about whether or not to remain at home if they have Covid. Click on the link […]
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 […]
How should employers deal with accusations of workplace bullying?
Allegations of workplace bullying are sadly all too common. Employers have a duty to take reasonable care of the health and safety of their staff and this includes those facing such allegations of bullying. These duties arise under common law, and health and safety legislation and are also an implied term of the employment contract. […]
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 […]
David Harris discusses the Government’s ‘work from home’ announcement on BBC Radio Berkshire with Phil Kennedy
Managing Partner David Harris discusses the Government’s recent ‘work from home’ announcement on the BBC Berkshire Drive Time show yesterday evening. Listen to the interview here:
Dress codes and discrimination in the workplace
Many employers have dress codes in place. This can range from a certain style of clothing to a set uniform that must be worn. Historical case law has considered issues where dress codes could be viewed as discriminatory or in breach of the rights of individuals to manifest their religious beliefs such as wearing a […]
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 […]
The impact of menopause in the workplace
According to data from recent research, in 2018 five UK Employment Tribunals cited the claimant’s menopause. This figure rose to six in 2019 and sixteen in 2020. Following this, in the first six months of 2021 alone, the claimant’s menopause was cited by ten Employment Tribunals. Experts say the exponential rise in cases shows that […]
David Harris speaks on BBC Radio about employee rights during the petrol crisis
Managing Partner, David Harris, speaks to Andrew Peach on BBC Radio Berkshire about the rights of employees who are unable to perform their roles because of the current petrol crisis. David confirms that in most cases, it is the responsibility of employees to get to work by whatever means possible, but there are some exceptions. […]
David Harris discusses Flexible Working with Phil Kennedy on BBC Radio
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Could long COVID be classified as a disability?
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 […]
David P Harris discusses the latest updates from Rishi Sunak with Andrew Peach on BBC Radio Berkshire
Listen to the interview here: For further information call us on 0118 914 5622 or complete our Contact Us Form to arrange a confidential call back from a qualified solicitor without charge.
What does UK Employment Law say about employee holidays?
Holiday entitlement seems straightforward, but small business owners can find themselves in hot water when it comes to the rights of employees to take time off for holidays. The Working Time Regulations give all workers the right to paid holidays, irrespective of the hours they work. However, the definition of ‘worker’ in the UK is […]
Mental Health at Work – What Employers need to know
Attitudes towards mental health are changing and employers need to be aware of the importance of taking the mental health concerns of their employees seriously. Annual statistics from the Health and Safety Executive show that between 2019 and 2020, an estimated 17.9 million working days were lost because of absences due to work-related stress, anxiety, […]
Right-to-work checks in the UK return to pre-pandemic rules
The temporary adjustments to right-to-work checks due to COVID-19 are ending. When will the original right-to-work checks be reinstated in the UK? From 1 September 2021, employers must either check the original documents of applicants or check online if applicants have been given the ‘share code’ that gives them the right to work. Why were […]
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. […]
What UK employers need to know about the vaccination programme
Employers are facing a surprising number of difficult and untested employment law issues as the UK rolls out its Covid-19 vaccination programme. Many are asking if vaccination can be made compulsory for employees. There are also questions about alternatives to a mandatory requirement, time off for vaccine appointments, and how vaccine objectors should be dealt with […]
What are the implications of remote working from overseas?
COVID-19 has made remote working the ‘new normal for many employees across the UK and some are even working remotely from other countries. At first, glance, working from abroad seems harmless. However, there are complicated issues that both employers and employees should seriously consider when it comes to working remotely from other nations. These include […]
How fair to employees is firing and rehiring?
It goes without saying that the unparalleled impact of the COVID-19 pandemic has placed enormous financial pressure on countless companies throughout the UK. Faced with these challenges, a large number of employers have changed the terms and conditions of their employees’ contracts, possibly in an effort to benefit from the furlough scheme or to keep […]
Could long COVID be classified as a disability?
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 […]