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 […]
Is It Against The Law To Pay Men More Than Women?
This is a question that does not have a simple answer since there can be many factors in play that have a direct bearing on the answer. According to the Equal Pay Act of 1970, it is unlawful for an employer to discriminate between a man or woman in regard to pay. While this was […]
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 […]
How To Eliminate Discrimination At The Workplace.
Discrimination in the workplace is a big issue. It has immense effects on the performance of a business if it is not eliminated. Workplace discrimination results in lower productivity at the workplace, lower self-esteem, increased absenteeism, and defence costs if the case goes to court, among others. Employers, therefore, need to ensure that their employees […]
What Is Equality In The Workplace?
Workplace equality is a culture within the workplace that is built on fairness. This culture ensures that all members of the workplace are treated with the fairness and respect that they deserve. They are all accorded equal opportunities. Workplace equality does not condone bullying, harassment and discrimination. Equality brings about a conducive environment in the […]
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 […]
When Should I Contact ACAS
ACAS provides both employers and employees with impartial advice and information regarding all aspects of employment and workplace relations. The Advisory, Conciliation and Arbitration Service also provides information and advice regarding the employment law that is free of charge. They help to support and foster good relations among employers and employees. Relations between employers and […]
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 […]
Valid Reasons for Redundancy
Redundancy refers to when an employer reduces the workforce because the job is no longer needed. However, if you are fired and someone else fills the position, it’s no longer a redundancy. Some of the common reasons for redundancy include the following. • New technology has been invented making your job unnecessary. Note that, just […]
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 […]
Using Mediation For Settling Workplace Disputes
Mediation is a form of workplace dispute resolution that is completely voluntary and confidential. This resolution involves an independent and impartial person who helps individuals or groups to resolve their conflicts. A mediator should not determine outcomes or make any judgements whatsoever during this process. He or she should ask questions that are geared towards […]
A Brief History Of Equal Pay For Men And Women
Women have long been paid less than men for doing the same job. The struggle for equal pay has been dates back to the late 19th century. This is contrary to the widespread belief that it started in the 1960s. Women during World War 1 took on men’s jobs while men were deployed into the […]
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 […]
Unfair Treatment In The Workplace
Unfair treatment of employees in the workplace is discriminatory. It can lead to them feeling ashamed, upset or even scared. The morale of employees goes down. Unfair treatment drains employees of their energies and motivation. This eventually affects the levels of productivity of employees who are being unfairly treated. Unfair Treatment Defined It can be […]
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 […]
The Best Way To Solve a Workplace Dispute
Solving a workplace dispute quickly and effectively is a primary concept of ideal management. Poor workplace relationships not only lead to animosity and all kinds of performance issues, but unattended problems can boil over and become serious litigation. So, how do you handle workplace disputes properly? Here are some tips: Make The Conflict Resolution Process […]
Suing Your Employer For Harassment
There are actions that are needed to be followed when it comes to protecting your rights regarding discrimination, harassment and unfair treatment in the workplace. These actions go a long way in helping you to stop mistreatment within the workplace. Follow Internal Processes Internal processes of dispute resolution should be followed before you sue your […]
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 […]
Your Legal Rights When Facing Redundancy
An employee has legal rights to protect him/herself when facing redundancy. The employer should always act according to the contract and your legal redundancy rights. You should be consulted in order to be given a reasonable notice period when you are faced with redundancy. If not, you can claim compensation for lack of consultation and […]
Dismissal and long-term disability
This is due to an EAT ruling that “once the employee has become entitled to payment of disability income due under the long-term disability plan, the employer will not dismiss him on the grounds of his continuing incapacity to work.” However, this may depend upon the wording of the employee’s contract of employment. Find out […]
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 […]
Tips For Dealing With A Workplace Bully
Workplace bullying is quite common in many types of jobs. Of course, you can ignore it and let the bully forget about you. However, if everything escalates, you need to take action. Find out more about some of the things you can do if you experience workplace bullying at your job. 1. Keep A Journal […]
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 […]
How To Create Fairness And Equality In The Workplace
So what does equality in the workplace mean? This is the equal and fair treatment of individuals regardless of their age, religion, sexual orientation, race, gender, disability or nationality. Everybody deserves to be given a chance with equal opportunities and pay. For legal advice concerning equality in the workplace, contact us. One of the most […]
What To Do If You Are Bullied At Work
Are you feeling bullied at work? It might be a fellow colleague or your supervisor but you need to take action immediately. Here are some of the things you can do if you are being bullied at work. 1. Try Speaking To The Bully Try speaking to the bully and explaining how their behaviour has […]
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 […]
What to Do If You’re Made Redundant
If you have been made redundant then it’s only natural to be rather stressed and worried. Redundancy is a big deal, especially if you liked your old job. Change can be scary even when it’s planned, and an unexpected job loss can leave you struggling to pay your bills. For any legal questions surrounding redundancy, […]
Equal Pay – Am I Being Paid A Fair Wage?
Equal pay is receiving the same compensation or payment in the form of a salary or wages as another person employed in the same capacity fulfilling the same tasks or job description. Unfortunately, pay gaps still exist in various industries and companies although this is against the law, the average solicitor will continue to deal […]