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 […]
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 […]
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 […]
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.
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
For further information call us on 0118 914 5622 or complete our Contact Us Form. You can 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 […]
COVID-19 rapid workplace testing
Alongside the rollout of the vaccination programme and the continued focus on ‘Hands, Face, Space’, regular testing is a vital tool to stop the transmission of COVID-19 as sections of society are reopened. Around 1 in 3 people with coronavirus don’t have symptoms, which means they could be spreading the virus in workplaces without knowing […]
Recent UK National Minimum Wage and statutory pay increases
It is likely that the Covid-19 pandemic will permanently alter the way we do business, with many companies opting to implement a work from home policy that will continue beyond the pandemic.
Mark Laffery speaks on BBC Radio about the rights of employees to continue working from home
Listen to the interview here: If you would like to find out more about this, call us on 0118 914 5622 or complete the Contact Form on our website to arrange a confidential call back from a qualified solicitor without charge. You can read Mark’s bio by clicking on Our Team
Religion and belief in the workplace
It is likely that the Covid-19 pandemic will permanently alter the way we do business, with many companies opting to implement a work from home policy that will continue beyond the pandemic.
Should interim relief be available in discrimination cases?
It is likely that the Covid-19 pandemic will permanently alter the way we do business, with many companies opting to implement a work from home policy that will continue beyond the pandemic.
David Harris speaks on the Breakfast Show about vaccine passports
You can listen to the interview here: For further information, you can call us on 0118 914 5622 or complete our Contact Us Form to arrange a confidential call back from a qualified solicitor without charge.
Implementing a work from home policy for employees
It is likely that the Covid-19 pandemic will permanently alter the way we do business, with many companies opting to implement a work from home policy that will continue beyond the pandemic.
“No Jab no Job” Listen to David P Harris speaking about this on BBC Radio Berkshire
Listen to the interview here: If you need more information about this, call us on 0118 914 5622 or complete the Contact Form on our website to arrange a confidential call back from a qualified solicitor without charge.
David P Harris speaks on BBC Radio Berkshire about the increase during the lockdown of dismissals for underperformance so that employers can avoid redundancy payments
Listen to the interview here: If you need legal advice regarding a similar situation, call us on0118 914 5622 or complete our Contact Us Form to arrange a confidential call back from a qualified solicitor. The first consultation is without charge.
David P Harris discusses the rights of UK employees to work from home on BBC Radio Berkshire with Phil Kennedy
Listen to the interview here: If you are an employee needing legal advice about your right to work from home during the lockdown, call us on 0118 914 5622 or complete our Contact Us Form to arrange a confidential call back from a qualified solicitor without charge.
UK Government considers reforms that could affect non-compete clauses in employment contracts
At the end of 2020, the UK Government launched a consultation aimed at reforming non-compete clauses that place restrictions on ex-employees after the termination of their employment contracts. The consultation (which is due to close in February 2021) is driven by the need to “unleash innovation, create the conditions for new jobs and increase competition,” […]
David P Harris speaks to Phil Kennedy on BBC Berkshire about the rights of working parents facing redundancy
David Harris speaks to Phil Kennedy on BBC Radio Berkshire about redundancy rights during the pandemic and the impact, in particular, on working parents.
Can employers dismiss employees who refuse the COVID-19 vaccine?
The COVID-19 vaccine will soon be available to the entire UK population but not everyone wants to be vaccinated. Employers should consider very carefully how they will approach a vaccination policy for their employees. The COVID-19 vaccination programme in the UK is now well underway. With the vaccine being offered first to the most vulnerable […]