2 May 2014: As reported widely in the press this week, Ed Milliband and the Labour party plan to reform the law on zero hour contracts, under which employers are not obliged to offer a minimum number of working hours, and … Continue reading
Author Archives: James Carmody
How do I start the ACAS Early Conciliation Process
29 April 2014: From the 6th May 2014 Claimants will be obliged to first make an application for ACAS Early Concilation before submitting a claim in the Employment Tribunal. See our earlier bulletin via this link. To start the … Continue reading
Public Interest Disclosure Claims and Whistleblowing
2014.04.25: Claims of ‘whistleblowing’ with respect to detriments suffered as a result of making a Protected Disclosure can be notoriously complicated. Making a Protected Disclosure includes telling the employer that that that they have failed to comply with a legal … Continue reading
ACAS Early Conciliation
4 April 2014: ACAS Early Conciliation: Acas’ Early Conciliation service will be optional from 6 April and will become obligatory from the 6th May 2014 if claimants want to bring Tribunal claims. Very much in brief: Claimants will have to contact … Continue reading
When discretionary redundancy payments become contractual
28.03.2014: When do enhanced redundancy payments become binding on the employer? In Park Cakes Ltd v Shumba in 2013, the Court of Appeal gave general guidance on when employees could rely on enhanced redundancy payments. The Court said that issues … Continue reading
Right to Work in the UK and Immigration Status Discrimination
21 March 2014: Right to Work in the UK: It is an offence to employ someone without having taken the proper steps to check their right to work in the UK and the checks an employer has to carry out … Continue reading
Severe Drop in the number of Employment Tribunal claims
14 March 2014: From July 2013 Claimants have been obliged to pay a fee in the majority of cases of £250 to submit a claim in the Employment Tribunal and £950 before a full hearing. Although Claimants can seek … Continue reading
Statutory Discrimination Questionnaires
7 March 2014: Statutory Discrimination Questionnaires on their way out: For many years, employees have been able to issue statutory discrimination questionnaires to ask questions and to request certain documents, to assist them in deciding whether to bring a claim of … Continue reading
Statutory Redundancy Payments and Unfair Dismissal Awards
Changes to Statutory Redundancy Payments: (last updated 15.04.2021) Employees being made redundant with over two years’ service are entitled to receive a redundancy payment which is calculated at a weeks’ gross pay to a maximum of £544 (£538 before 6 … Continue reading
Employment Tribunals may impose penalties of up to £5,000 from April 2014
21 February 2014: From the 6th April 2014 Employment Tribunals will have the power to order an employer who has lost at tribunal to pay a financial penalty of up to £5,000 to the Secretary of State, where the case has … Continue reading
Fees in the Employment Tribunal
14 February 2014: From July 2013, Claimants have been obliged to pay a fee in the majority of cases of £250 to submit a claim in the Employment Tribunal and £950 before a full hearing. Although Claimants can seek remission from … Continue reading
Changes to Employment Law in 2014
7 February 2014: Here are some of the changes to employment law that are scheduled in 2014, mostly at the beginning of April. Feb 2014: Changes to TUPE regulations which are boring but important if you tender for contracts. These … Continue reading
Irritants and Niggles at Work
31 January 2014: Niggles and Irritants at Work: According to a survey reported in the Metro Newspaper this week, the biggest causes of disputes between colleagues are: Booking annual leave (35%) Stealing from the office fridge (25%) Taking a … Continue reading
Protecting Trade Secrets
24 January 2014: Trade Secrets: Most employment contracts cover the obligation to maintain confidentiality and to protect trade secrets, but what can employers do if they think that (ex) employees are in breach? This was the question faced by … Continue reading
How enforceable are post termination restrictions?
17 January 2014: Enforcing Post Termination Restrictions: Some employers worry that even if they have post termination restrictions preventing ex staff members from poaching customers, that those restrictions are seldom enforceable. In East England Schools v Palmer reported this week, … Continue reading
Dismissals following Final Written Warnings
10 January 2014: Dismissal following final written warnings: What if you dismiss someone for misconduct before their appeal against their earlier final written warning is heard? In Rooney v Dundee CC in the EAT Jan 2014, Ms Rooney was given … Continue reading
Zero Hours Contracts
20 December 2013: Zero Hour Contracts for Santa’s Little Helpers There has been controversy at the North Pole this week with the announcement of government consultation on the regulation of zero hours contracts. Santa has been unimpressed by the proposal … Continue reading
Disability, Reasonable Adjustments and Occupational Health Reports
13 December 2013: Under the Equality Act, employers have an obligation to consider and implement reasonable adjustments to facilitate disabled employees in their role. It is not always clear if someone is disabled, and the employers obligation to make reasonable adjustments … Continue reading
When can employers dismiss an employee for long term sickness absence?
6 December 2013: Many employers are faced with the dilemma of how long to wait before taking steps to dismiss someone on long term sick leave. Useful guidance has been given this week in the Scottish Court of Session in … Continue reading
If on maternity leave, does paid holiday carry over into the next holiday year?
5 December 2013: Lets say a woman has been on maternity leave from January. The employer’s holiday year runs January to December and the employer says that any holiday entitlement not taken in a particular holiday year is lost. The woman … Continue reading
Shared Parental (Maternity) Leave
29 November 2013: Under the present system mothers take paid maternity leave, fathers can take two weeks parental Paternity Leave (currently £136.78 pw), and both can take unpaid Parental Leave. Parents can ask to work flexibly on returning to work. Many … Continue reading
Are 12 month Garden Leave clauses enforceable?
22 November 2013: Garden Leave and Post Termination Restrictions: If you have staff in a sales or client-facing roles, you may be worried about them poaching your clients and goodwill if they then leave. There are two main ways of doing … Continue reading
Can Employers Claw Back Training Costs If The Employee Then Leaves?
15 November 2013: If an employee asks to go on a training course, many employers will get staff to sign an agreement to repay all or part of the training cost if they leave within a certain period. Some employers will … Continue reading
Should I reject the Settlement Agreement Offer and bring a claim in the Employment Tribunal?
If instruct us to provide you with independent legal advice on the Settlement Agreement you have been invited to enter into, we will seek to identify any potential claims arising and advise you on whether the offer is reasonable in … Continue reading
Do I have to pay to get advice on a Settlement Agreement?
Do I have to pay to get advice on the Settlement Agreement? In order for a Settlement Agreement to be binding, you first need to obtain independent legal advice from a solicitor or lawyer. If the employer offers a Settlement Agreement … Continue reading
What is the Living Wage? Tribunal Statistics
7 November 2013: Living Wage Increases: We recently reported on the annual increase to the National Minimum Wage. On the 5 November 2013 the Living wage rose by 25 pence: to £8.45 for London (£2.14 more than the NMW), and; … Continue reading
Are Zero Hours Employment Contracts Enforceable?
25 October 2013: Zero hours contracts have been in the news recently, with talk by the coalition government of taking steps to regulate them. In Borrer v Cardinal Security Ltd in the EAT, reported this week, it was held … Continue reading
Are enhanced redundancy payments discriminatory on the grounds of age?
18 October 2013: When making staff redundant, many employers will give enhanced redundancy payments based on length of service and age. For example the statutory redundancy payment allows staff 1.5 weeks’ pay for each full year worked over the age … Continue reading
Settlement Agreements and Settlement Discussions
11 October 2013: ‘Compromise Agreements’ are now known as ‘Settlement Agreements’, which are prescribed by statute to bring to an end statutory claims arising from employment or its termination, and on which the individual must first seek independent legal advice, … Continue reading
The Right to Be Accompanied and Constructive Dismissal
4 October 2013: Under the s10 Employment Relations Act 1999 employees have the right to be accompanied by a colleague or trade union rep at disciplinary or grievance meetings. The companion can put forward the employee’s case, sum up the … Continue reading
What is the National Minimum Wage?
3 October 2014: National Minimum Wage Increases: On the 1st October 2014 the National Minimum Wage increased. It’s now: Adults: Up from £6.31 to £6.50 per hour for those aged 21 or over Young Worker: Up from £5.03 … Continue reading
Redundancy. What is Suitable Alternative Employment?
20 September 2013: If someone is made redundant from their current position, the employer is under an obligation to consider them for suitable alternative positions that are available. If the employer is able to offer the person a suitable alternative … Continue reading
Third Party Harassment to be removed from the Equality Act
13 September 2013: Picture the scene; a customer comes in and racially abuses your receptionist. The next week he does the same thing all over again. Your receptionist sues you as the employer for third party harassment. Are you liable? … Continue reading
Employee Shareholders and Unfair Dismissal
6 September 2013: On the 1st September 2013 it became possible for employers to take on staff using the new ‘Employer Shareholder’ status, which may be quite attractive to new tech companies. In return for being given fully paid up shares … Continue reading
Sick Pay And Holiday Leave
30 August 2013: What happens when employees fall sick whilst on holiday abroad; can they claim back holiday leave and take it as sick pay instead? Since 2009 it has been established that the right to paid holiday continues … Continue reading
When do discretionary redundancy payments become contractual by custom and practice?
9 August 2013: Many employers will give enhanced payments on a discretionary basis when making staff redundant. However can employees gain the contractual right to those enhanced payments by custom and practice? That was the question asked in Park … Continue reading
Costs Awards in Employment Tribunals
2 August 2013: The Cost of Employment Tribunal Proceedings: Many employers worry that even if they win in the Employment Tribunal, they cannot normally recover legal costs from the Claimant, putting them in a lose-lose situation. Costs can only be … Continue reading
Employment Law Changes on the 29 July 2013
26 July 2013: There are several changes coming in to effect from the 29th July 2013. The main ones are: Fees to bring claims: Claimants will have to pay a fee (normally £250) to submit a Tribunal claim and a … Continue reading
What is the legal minimum and maximum temperature at work?
19 July 2013: Some employees suffer hot-house conditions in their office in the summer and have frozen toes in the winter. Surprisingly the law does not state a minimum or a maximum temperature. However the Health and Safety Executive … Continue reading
Holiday Pay Calculation May Include Overtime Pay
19 July 2013: Holiday Pay Calculation May Include Overtime Pay Most employers will exclude overtime pay when calculating the correct rate of holiday pay, but that approach has to be reviewed following Neal v Freightliner Ltd, reported this week. … Continue reading