News

News

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

How to Stop Bullying at Work

Bullying in the workplace, among adults, is not uncommon. It is a reality that if not handled in the right manner can result in severe difficulties for every party involved. It is behaviour that can be demeaning, disrespectful, humiliating, threatening and intimidating. If you find yourself in a similar situation then contact DPH Legal for […]

Whistleblowing reform on its way

The All-Party Parliamentary Group (APPG) has recommended an extensive overhaul of whistleblowing legislation, including the creation of a legal definition for the term ‘whistleblower’. The APPG set out 10 recommendations for change, which experts said would impose significant obligations on organisations of all types. Whistleblowing claims can be complicated to defend and if your organisation […]

Covert Recordings

When advising on employment matters, we often encounter situations where an employee has secretly recorded a meeting or event at the workplace that they wish to use as evidence. A recent case has been considered by the Employment Appeal Tribunal (EAT) which has looked into the effect that the covert recordings could have on an […]

Take a break!

The Court of Appeal has brought some clarity in relation to whether compensatory rest breaks need to be an uninterrupted 20-minute period or can be made up of shorter breaks totalling 20 minutes or more. The judgment in Network Rail Infrastructure v Crawford [2019] EWCA Civ 269 confirms for employers within the exempt sectors, that […]

Health And Safety Laws UK

The Health and Safety at Work Act 1974 requires employers, as far as is reasonably practicable, to ensure health and safety at the workplace. Under the act, employers are obliged to ensure that any potential work-related risks to health and safety are eliminated or controlled. Employers with more than five employees are required to draw […]

UK Sick Leave Entitlement

In the UK, there is no set limit on how many sick days an employee is entitled to every year. Rather, an employee can take as many sick days as are necessary for them to recover from an illness. However, there are certain rules, policies and procedures that will need to be followed. Consult us […]

What Is An Employment Tribunal?

Employment tribunals also called industrial courts in some countries are special employment courts that deal with work-related legal claims. The tribunal comprises more than three people, whereby one is the judge and two non-legal members are called lay members. Our legal team often represent clients on employment law matters. Initially, employment tribunals were set to […]

Can I Refuse To Use My Personal Phone For Work?

The Pervasiveness of Mobile Phones These days, most people have mobile phones. Their convenience, efficiency, and multifunctionality have made them indispensable in our daily lives. From personal tasks to professional communications, mobile phones support an array of functions. Employer’s Stance on Mobile Usage With that said, some employers have rules governing the use of these […]

Roles and Responsibilities of a HR Manager

The HR department primarily handles all personnel responsibilities and training strategies of an organisation. All the training and development programs are done by the human resource department. If you’re an employer and your HR manager is unsure of legal issues concerning the workplace, it would be advisable to contact a solicitor who specialises in employment […]

Taxing times

From April 2020, changes to the ‘IR35’ regulation will impact employers who engage contractors through Personal Service Companies (PSCs). These changes will expose businesses engaging contractors to significant tax risks. At the moment, where a person provides services to a business through a PSC, income tax and national insurance contributions (NIC) are paid if that […]

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