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11 May 2022: Under s100 Employment Rights Act 1996, it can be ‘automatically’ unfair to dismiss someone who refuses to return to the workplace in circumstances of danger (for example where there is unsafe machinery the employee has to use). … Continue reading

Posted on April 06, 2022

Annual Increases to Statutory Awards

Posted in: law

On 6 April 2022, increases came into effect for the cap to statutory redundancy payments, the cap to unfair dismissal awards, and the cap on awards for injury to feelings in discrimination claims. Statutory redundancy payments are calculated based on … Continue reading

Posted on March 14, 2022

Is Long-Covid a Disability under the Equality Act 2010?

Posted in: law

Long Covid is a general term to cover the effects of Covid, once you no longer test positive for the virus. The NHS lists common symptoms of long-covid as including: extreme tiredness (fatigue) shortness of breath chest pain or tightness … Continue reading

Posted on March 11, 2022

Redundancy and Unfair Dismissal Awards

Posted in: law

Statutory Redundancy Pay: Employees with over two years service are entitled to a statutory redundancy payment if they are made redundant. The calculation is based on a week’s pay x full years work (with a multiplier of 1.5 for years … Continue reading

Posted on December 23, 2021

Abuse of the Grievance Procedure

Posted in: law

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

Posted on September 03, 2021

Redundancy and the Right to Appeal

Posted in: law

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

Posted on August 19, 2021

Dismissal following Final Written Warning

Posted in: law

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

Posted on April 15, 2021

Max compensation: Unfair Dismissal

Posted in: law

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

Posted on April 05, 2019

Injury to Feelings in Discrimination Claims

Posted in: discrimination

  For claims presented on or after the 6th April 2019, awards for injury to feelings in discrimination claims will be made in accordance with the following guidelines:   • lower band (less serious cases): £900 to £8,800 • middle … Continue reading

Posted on June 24, 2016

Brexit & Employment Law

Posted in: employment

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

Posted on May 06, 2016

Protected Conversations

Posted in: constructive dismissal

6 May 2016: ‘Off the Record’ Protected Conversations: Employers can now have ‘Protected Conversations’ with employees, off the record,  for the purposes of pre-termination negotiations with a view to ending employment on agreed terms.  (s111A ERA96)   Such Protected Conversations … Continue reading

Posted on May 06, 2016

Protected Conversation

Posted in: constructive dismissal

6 May 2016: ‘Off the Record’ Protected Conversations: Employers can now have ‘Protected Conversations’ with employees, off the record,  for the purposes of pre-termination negotiations with a view to ending employment on agreed terms.  (s111A ERA96)   Such Protected Conversations … Continue reading

Posted on April 29, 2016

BIS to review non compete clauses

Posted in: employment

29 April 2016: Are Post Termination Restrictions Enforceable? This week the Department for Business, Innovation and Skills has announced has announced a ‘call for evidence’ on whether post-termination restrictions in employment contracts act as a barrier to employment, innovation and entrepreneurship.  … Continue reading

22 April 2016: Can Employers Unilaterally Change Handbooks If They Contain Contractual Terms? It is generally sensible for employers to expressly state that handbook policies and procedures are non-contractual. By so doing, the employer can change its own policies more easily … Continue reading

Posted on April 18, 2016

Religious Views and the Workplace

Posted in: disciplinary

15 April 2016: Religious Views and the Workplace: In Wasteney v East London NHS Foundation Trust, a junior employee who happened to be Muslim, complained that her manager was ‘grooming’ her by praying with her in one-to-one’s, laying hands on her, … Continue reading

8 April 2016: Checking the Right to Work in the UK: Employers should check their employee’s right to work in the UK, regardless of their apparent origin (see www.gov.uk/legal-right-to-work-in-the-uk). It is unlawful to employ someone who does not have the right … Continue reading

Posted on April 01, 2016

Post Termination Restrictions

Posted in: employment

1 April 2016: Post Termination Restrictions and Restraint of Trade Post termination restrictions (limiting an ex-employees right to do business with clients of their old employer or work for a competitor for a period of months after leaving) will only … Continue reading

11 March 2016: Splitting Commission: In Hills v Niksun Inc, reported this week the Court of Appeal   held that the High Court was entitled to increase the level of commission awarded to a salesperson by the employer.   Generally when consider employer’s … Continue reading

Posted on March 04, 2016

Vicarious Liability

Posted in: employment

4 March 2016: Vicarious Liability: Last week we asked whether the BBC could be vicariously liable for Jeremy Clarkson punching and abusing his producer.   The Supreme Court has considered vicarious liability in employment this week in Mohamud v WM Morrison Supermarkets … Continue reading

Posted on March 04, 2016

Jeremy Clarkson and the BBC

Posted in: discrimination

27 February 2016: Jeremy Clarkson and the BBC: According to press reports this week, Jeremy Clarkson has apologised to the Top Gear producer Oisin Tymon and settled a £100,000 racial discrimination and personal injury claim after an incident last March in … Continue reading

Posted on February 05, 2016

Disability and Day to Day Activities

Posted in: disability discrimination

5 February 2016: Disability and ‘Day to Day Activities’: According to s6 Equality Act 2010, a person has a disability if he or she has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect the … Continue reading

Posted on February 01, 2016

National Living Wage to be £7.20 from 1 April 2016

Posted in: employment

29 February 2016: National Living Wage:   Since April 2015 the National Minimum Wage has been: Over 21: £6.70 ph 18-21: £5.30 Under 18: £3.87 Apprentice: £3.30 From the 1st April 2016 the New National Living Wage will add  50p per … Continue reading

Posted on January 25, 2016

Substance Abuse at Work. Legal Highs

Posted in: employment

22 January 2016: Substance Abuse at Work: In years gone by, many employers were relaxed about staff smoking in the office, or drinking alcohol at lunchtime. Nowadays, smoking in confined spaces is illegal, and drinking during office hours is generally frowned … Continue reading

Posted on January 18, 2016

Reading employee email Bărbulescu v Romania

Posted in: disciplinary

15 January 2016: Reading Staff Email. A snoopers charter?   Under the Regulation of Investigatory Powers Act 2000 (RIPA), employers can lawfully monitor staff email if the employer has reasonable grounds to believe that both the sender and the recipient … Continue reading

8 January 2016: Zero Hours Contracts Zero hours contracts (where there is no certainty that work will be made available to the worker) attracted a lot of criticism in 2015 and steps are now beginning to be taken to restrict them. … Continue reading

Posted on December 31, 2015

Working Time and Rest Breaks

Posted in: employment

19 December 2015: Rest Breaks.  In the European Free Trade Association (EFTA) Court  in December 2015 the EFTA Court held that an 84-hour working week imposed on resident therapists at a care home was compatible with the EU Working Time Directive. … Continue reading

Posted on December 04, 2015

Redundancy, Interviews and Reasonable Adjustments

Posted in: disability

4 December 2015: Redundancy, Interviews & Reasonable Adjustments In a redundancy situation, many employers will put everyone at risk of redundancy, and then interview them all for the remaining positions, without considering earlier appraisals or performance assessments.   This came up … Continue reading

Posted on November 20, 2015

Unfair Dismissal for out of work activity

Posted in: employment

20 November 2015: Should employees be sacked for off-duty behaviour? As reported in the press, Clive O’Connell, a partner in a law firm, was sacked after referring to ‘scouse scum’ during an interview after a match between Chelsea and Liverpool. … Continue reading

Posted on November 13, 2015

Holiday Pay for Part Time employees

Posted in: law

13 November 2015: Holiday Pay and Part-Timers In Greenfield v The Care Bureau Ltd reported this week the European Court of Justice considered whether employers have to recalculate a part-time workers holiday leave entitlement retrospectively if she increases her hours. … Continue reading

Posted on November 06, 2015

Employment Status of Uber Drivers

Posted in: employment

8 November 2015: UK Uber Drivers seek Employment Status As reported in the press this week, UK Uber drivers are planning legal action to claim employment or worker status:   Worker Status: A Worker is someone under contract, express or … Continue reading

20 October 2015: Constructive Dismissal & Chelsea Football Club As widely reported on the sports pages, Chelsea manager José Mourinho criticised club doctor Eva Carneiro for going on to the pitch to treat the aptly named Eden Hazard. She was subsequently … Continue reading

Posted on October 23, 2015

Whistleblowing and the Public Interest

Posted in: employment

23 October 2015: Whistleblowing and the Public Interest: In order to pursue a whistleblowing claim, the employee has to show that he made the disclosure ‘in the public interest.’ In Chestertons v Nurmohamed earlier this year it was found that a … Continue reading

16 October 2015: Procedurally unfair dismissals and reductions to awards: It’s often forgotten that even when a Claimant is unfairly dismissed,  compensatory awards can be reduced to reflect the chance that the claimant would have been dismissed anyway; even if … Continue reading

Posted on October 15, 2015

Working Time and Sleep

Posted in: employment

9 October 2015: Working Time and Sleep Earlier this year we wrote about whether the Working Time Regulations and National Minimum Wage covered time spent travelling to work. Another issue is whether an on-call night worker can claim the NMW for … Continue reading

Posted on October 15, 2015

National Minimum Wage Rises

Posted in: employment

2 October 2015: National Minimum Wage Rises: The National Minimum Wage increased on the 1 October 2015 as follows:   The standard adult rate (workers aged 21 and over) is now £6.70. The development rate (workers aged between 18 and 20) … Continue reading

Posted on August 07, 2015

Dismissal for Facebook postings

Posted in: employment

7 August 2015: Dismissal for Facebook postings: If any employees think that they can say whatever they like on social media with impunity, they should think again.   In British Waterways Board v Smith [2015] reported this week, the EAT held … Continue reading

Posted on August 03, 2015

Maternity Leave and Unlawful Discrimination

Posted in: employment

31 July 2015: Maternity Leave & Discrimination: As reported in the press last week, research based on interviews with some 3000 employers and mothers has found that:   10% of women were discouraged from attending antenatal appointments during pregnancy.   It’s … Continue reading

10 July 2015: National Living Wage: This week George Osborne has announced that the National Minimum Wage will be increased to a National Living Wage, starting at £7.20 and rising to £9 an hour by 2020, replacing the £6.50 minimum … Continue reading

Posted on July 27, 2015

Statutory Sick Pay

Posted in: employment

17 July 2015:  Pay As You Go Sick Pay? According to press reports this week David Cameron is prepared to look at making workers’ pay into flexible saving accounts to fund their own sick pay or unemployment benefits. Whether that … Continue reading

Posted on July 06, 2015

Procedure and Disciplinary hearings

Posted in: disciplinary

26 June 2015: Procedure and Disciplinary hearings: In Adeshina v St George’s University Hospitals, the EAT decided that neither procedural flaws in the disciplinary hearing, nor breach of  the ACAS Code regarding the appeal panel, resulted in Ms Adeshina’s dismissal being … Continue reading

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