Category Archives: law

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

As you know, employees have the right to be accompanied by a colleague or a trade union representative at disciplinary or grievance hearings under s.10 Employment Relations Act 1999. This includes meetings from which redundancy may follow. Some employers will … Continue reading →

12 July 2013: What is my right to rest breaks under the Working Time Regulations 1998?   Daily rest: All adult workers must be given a minimum of eleven consecutive hours rest during each 24 hour period during which he … Continue reading →

9 June 2013:  Unfortunately, its increasingly common for employees in London to be made redundant at some time or other during their career.   Mostly people assume that redundancy applies in a traditional redundancy situation, when a business closes down, … Continue reading →

8 July 2013: Compromise Agreements to change their name to Settlement Agreements From the 29 July 2010 ”compromise agreements’ will become known as ‘settlement agreements’ but other than the name, the form will not be changed (see S.14 of the Enterprise and … Continue reading →

7 July 2013: Who Owns Your LinkedIn Profile? Nowadays, LinkedIn profiles and other social media are often an essential part of everyday work.  Most or all of those contacts will have been built up over years of working for the employer. … Continue reading →

28 June 2013: Since 1998 it has been unlawful to subject someone to a detriment or dismiss them as a result of having made a Protected Disclosure, also known as whistle-blowing).   Making a Protected Disclosure includes telling the employer that … Continue reading →

21 June 2013: Press reports this week have thrown up questions about the impact of the Data Protection Act 1998, and whether it is necessary to redact published documents to remove employee information such as names, unless consent has been given … Continue reading →

15.04.2021: At present, in very general terms, a successful claimant in an unfair dismissal claim will get a basic award (the same as a statutory redundancy payment) plus a compensatory award for loss of earnings, pension etc. The compensatory award will … Continue reading →

15 March 2013: You may have read about the fate of Paul Marshallsea in the press this week. Having wrestled with a shark to save two children while on holiday in Australia, he was sacked by the charity he worked for … Continue reading →

5 April 2013 In Walker v Sita Information Networking Computing Ltd, Mr Walker weighed over 21 stone and suffered from a wide range of symptoms, many of which were exacerbated by obesity.   The Tribunal held that Mr Walker was … Continue reading →

19 April 2013 Ordinarily, if you are making staff redundant, you only need to carry out individual consultation.   However if you are making more than 20 people redundant from a particular establishment in a 90 day period, you must … Continue reading →

10 May 2013 Many employees base discrimination claims about the general gripes about how they are treated. Some employees will throw in all claims they can possibly think of, kitchen sink and all and call it ‘discrimination’. However in the … Continue reading →