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 […]
Employment Tribunal Time Limits
The usual time limit for a Claimant to issue a tribunal claim for unfair dismissal or constructive dismissal is three months less than one day from the termination of employment. This was tested recently at the Employment Appeal Tribunal. Overview of Pora v Cape Industrial Services Ltd [2019] The decision of the Employment Appeal Tribunal […]
Redundancy Protection for Women on Maternity Leave – BBC Interview
David Harris discusses redundancy protection for women on maternity leave on BBC Radio Berkshire. David Harris was interviewed by Andrew Peach of BBC Radio Berkshire this morning about a proposal being discussed in the House of Commons to extend redundancy protection for women who are pregnant or returning to work, as well as those on […]
DPH Legal interviewed on BBC Radio Berkshire about NDAs
Mark Lafferty, Solicitor at DPH Legal, was interviewed to discuss NDAs (Non-Disclosure Agreements) on BBC Radio Berkshire yesterday. You can listen to the interview here: Non-Disclosure Agreements have been in the news recently due to their frequent use in employment disputes relating to discrimination, harassment bullying and whistleblowing. The #MeToo campaign has also shone […]
Unpicking Unfair Dismissals Under TUPE
Introduction to TUPE Regulations and Unfair Dismissal TUPE regulations are complex and not to be taken lightly. The Court of Appeal has ruled that an employee who was dismissed on the very day of a TUPE transfer under the guise of a problematic working relationship was in fact automatically unfairly dismissed because of the transfer. […]
DPH Legal feature in Buckinghamshire Living Magazine
What is acceptable behaviour at work and when has someone crossed the line? This topic is frequently in the news, especially since the creation of the #metoo and #timesup campaigns, as well as a documentary by the BBC called “Is This Sexual Harassment?”. DPH Legal features in Buckinghamshire Living magazine to give advice about sexual […]
David Harris discusses Age Discrimination on BBC Radio Berkshire
David Harris was interviewed by Phil Kennedy of BBC Radio Berkshire about a recent case where Eileen Jolly, an 88-year-old employee, won her claim of age discrimination against The Royal Berkshire Hospital. You can listen to the interview here: Age discrimination happens when someone is unfairly treated or disadvantaged for reasons relating to their […]
Legal rights of employees with less than two years service
Generally, employees need to have worked for an employer for two years before they can bring a complaint of unfair dismissal. But there are certain exceptions where employees do not need any minimum period of service to bring a claim. If it can be established that the dismissal of an employee is for one of […]
More equal pay claims
WM Morrison is facing a potential equal pay claim in the region of £100 million from hundreds of its staff (predominantly women), who are of the belief that they have been underpaid when compared to their colleagues, often men, working in distribution centres and warehouses. Morrison’s shop floor workers namely customer assistants argue that they have […]
Is an employee under a duty to disclose the criminal conviction of others?
The Supreme Court, in Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 (a transcript of the judgment can be accessed here https://www.supremecourt.uk/cases/docs/uksc-2016-0170-judgment.pdf), recently held that a dismissal of an individual for failing to disclose a relationship with a person convicted of a serious criminal offence was capable of falling within the range of reasonable […]
New statutory rates of pay to come into force
The government recently published details of the proposed new statutory rates for maternity pay, paternity pay, shared parental pay, adoption pay and sick pay which will apply from April 2018. Statutory maternity pay is due to rise from £140.98 to £145.18 per week from 1 April 2018 (although SMP remains at 90% of the employee’s […]
They said they would not compete
As experienced employment lawyers, we frequently advise employer clients on restraining employees’ post-employment activity to prevent competitive activity. A recent case provides guidance in relation to the circumstances surrounding an employee resigning and stating that they do not intend to compete but then subsequently choose to do so. The High Court (Chancery Division) recently found […]
David Harris interview on BBC Radio Berkshire about gender pay gap
David Harris, Managing Partner of DPH Legal, employment solicitors, was asked by BBC Radio Berkshire to comment on the recent disclosures made by their own organisation of Executive salaries. Following the disclosures, disparities were noted between certain recognisable television personalities, e.g. Sue Barker and Alan Shearer, which some say provided stark evidence of a continuing […]
Whistleblowing update: damages for stigma and loss of future prospects
The Court of Appeal in Small v Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882 recently considered the question of whether a Claimant ought to receive damages for stigma and loss of future prospects where the evidence suggests so but the issue has not been raised by the parties. In this instance, the […]
What next for the gig economy?
The much-anticipated Taylor Review (or to give it its formal title, “Good work: the Taylor review of modern working practices”) was published on 11 July 2017 A full copy of the Review can be accessed via the following link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/627671/good-work-taylor-review-modern-working-practices-rg.pdf The Review has come, at least in part, in response to the recent plethora of […]
Dealing with stress in the workplace
Figures from the Chartered Institute of Personnel and Development show that, for the very first time, stress is the most common cause of long-term sickness and accounts for around 35% of all work-related ill health cases and 43% of all working days lost due to ill health. Preventing and dealing with workplace stress is a […]
Diocesan Discrimination
The inherent complexities of Equality Law are again in the spotlight following the recent Employment Appeal Tribunal (EAT) case of Pemberton v Bishop of Southwell & Nottingham. Anglican priest, Reverend Pemberton, saw his application for a position as Chaplain at an NHS Trust rejected following the Bishop of Southwell & Nottingham’s refusal to grant the […]