What is an ACAS COT3 Settlement Agreement?

ACAS: What is an ACAS COT3 settlement? ACAS is the government mediation service for employees and employers. The ACAS service is free of charge and helps parties reach agreement. The appointed ACAS officer will help facilitate negotiations between the parties … Continue reading

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Is My Redundancy Unfair?

Call an expert employment solicitor today on 0207 118 0950. Click here for our Five Star Trustpilot reviews. See our Five Star Google reviews. If you have over two years’ service, you can claim Unfair Dismissal if you think your selection for redundancy is … Continue reading

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Discrimination Claims Out of Time

Claims of unlawful discrimination under the Equality Act 2010 normally need to be instigated no later than three months less a day from the date of the act complained of (or last in a series of acts complained of), by … Continue reading

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Imposing New Employment Contracts:

If an employer wants to impose new contractual terms on their existing employees, they will sometimes serve notice of termination under the old contract, and then immediately offer new employment under the new employment contract. This is considered a dismissal … Continue reading

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Redundancy and Settlement Agreements

If you are being made redundant by your employer, you may be offered a Settlement Agreement either: a) at the beginning of the redundancy process, or b) once the redundancy consultation process has concluded. Your employer may offer you a … Continue reading

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Disciplinary meetings at work

Under the ACAS Code for Disciplinaries, the employer should invite the employee to a disciplinary meeting to discuss the allegations before reaching any decision. Does a manager holding a disciplinary have to meet an employee before deciding to dismiss? In … Continue reading

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Gender Pay Gap Reporting and Equal Pay

Since 2017, employers with over 250 employees have to publish gender pay gap figures. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 defines a pay gap to be the difference between the median (or mean) hourly pay of … Continue reading

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Equality Act and Injury to Feelings

For claims issued on or following 6 April 2023 awards for injury to feelings in discrimination claims may be as follows: Lower band: for less serious cases: £1,100 to  £11,200 (up to £9,900 for claims submitted before 6 April 2023)Middle … Continue reading

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WhatsApp Messages and Legal Proceedings

10 March 2023: Recent press revelations about Matt Hancock’s Whatsapp communications as Secretary of State for Health during Covid highlight how common Whatsapp is now as a form of business communication. In legal proceedings, parties have to provide disclosure of … Continue reading

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Settlement Agreements and future claims

Can Settlement Agreements settle claims against the Employer which have not yet arisen? In a typical Settlement Agreement you will see a clause listing out a number of potential statutory claims that are being settled, plus claims in common law, … Continue reading

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No Jab No Job?

Is “No Jab No Job?” unfair? The answer to that question is likely to depend on the nature of the job and the procedure adopted by the employer. However in a claim brought by a nurse, 3 care assistants and … Continue reading

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Flexible Working Rights Extending

5 January 2023. Currently, the statutory right to request flexible working can only be requested after 26 weeks service (see Statutory Right to Flexible Working). However, in December 2022, the government said it would be changing the regulations so that … Continue reading

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Dismissal for Lateness

12.09.2022. Is dismissal for persistent lateness unfair? Persistent lateness for work can be a real problem for employers when punctuality is important, but how easy is it to dismiss an employee as a result? In Tijani v House of Commons … Continue reading

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Repaying training costs

Can employers demand repayment of training or other costs if you resign and leave? Employment contract clauses requiring the repayment of training and other expenses by the employee if they leave are common. But are they enforceable? Here are some … Continue reading

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Abuse of the Grievance Procedure

Employers sometimes become frustrated with employees who put in multiple grievances or grievances which appear to be an abuse of the grievance process. In Hope v British Medical Association in the Employment Appeal Tribunal, Mr Hope brought numerous grievances against … Continue reading

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Redundancy and the Right to Appeal

It is good practice for employers to give employees the right to appeal if they are made redundant. But will the redundancy be rendered unfair if the employer fails to give the right to appeal? Not necessarily, concluded the Court … Continue reading

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Dismissal following Final Written Warning

In Fallahi v TWI, the Employment Appeals Tribunal (EAT) concluded that it was fair to dismiss an employee following a Final Written Warning, even though he had challenged the basis on which that final warning had been imposed. Mr Fallahi … Continue reading

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Max compensation: Unfair Dismissal

What is the maximum compensatory award for unfair dismissal? The maximum compensatory award for unfair dismissal is the lesser of 52 weeks gross pay or £93,878 (£89,493 if dismissed before 06.04.2022) You will also get a basic award of a … Continue reading

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Redundancy and Retirement Age

Redundancy and the Over Sixty-Fives The default retirement age of 65 was abolished in the UK in 2011. Employers can only impose a compulsory retirement age on employees if it can be objectively justified as a genuine occupational requirement.  Compulsory … Continue reading

Brexit & Employment Law

24 June 2016: Britain Votes to Leave:   In a 1974 judgement Lord Denning wrote of the (then) European Community Treaty “The treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be … Continue reading