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Employment law under a Labour Government

Joanna Robson
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With the General Election looming, what would Labour do to employment law if they get in? If they follow up on their promises – rather a lot! Labour has pledged to implement what it describes as ‘the biggest upgrade of workers’ rights in...

Changes to Carers Leave from April 6, 2024

Joanna Robson
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New Employment Changes are now in force. Since April 6, employees are now entitled to a week of unpaid leave in a rolling 2 month period under the Carers Leave Act 2023. This leave can be used from day one of employment to care for a dependent with...

Changes to Redundancy Rules 6 April 2024

Joanna Robson
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Employers embarking on redundancy or restructuring exercises need to be aware of significant changes from 6 April 2024 to UK redundancy rules which give priority protection to employees on maternity, adoption and shared parental leave (SPL). The changes...

Disabled Finance Manager wins unfair dismissal claim

Joanna Robson
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Disabled Finance Manager wins unfair dismissal claim against former spouse at Employment Tribunal. Appeal Tribunal determines an individual employee cannot be named or held liable for unfair dismissal In the case of Astha Limited & Ms Chakraborty v...

Plain and unequivocal wording in settlement agreements.

Joanna Robson
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It has remained ambiguous over which claims can be waived under the terms of a Settlement Agreement entered into between an employer and an employee.  Settlement Agreements offer a good solution to a dispute between an employer and its employee. ...

What are the legal requirements for a Settlement Agreement?

Joanna Robson
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There are a number of statutory requirements in order to make a Settlement Agreement valid and enforceable, namely: • The Settlement Agreement must be in written form with attestation clauses for signature.  E-signature attestation is now...

Day one right to request - a new era for Flexible Working

Joanna Robson
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The Flexible Working (Amendment) Regulations 2023 sets out that employees will no longer be required to accrue 26 weeks’ of continuous service in order to make a request for flexible working.  The right will apply from day 1 of employment,...

What is a Settlement Agreement?

Joanna Robson
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A Settlement Agreement is a mutually agreeable legally binding document made between an employer and an employee to resolve issues or grievances.  It should be entered into by both parties voluntarily and involve discussion and negotiation of the terms,...

Holiday Pay Ruling - update for employers

Joanna Robson
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A Landmark case for Holiday Pay - how to reduce any potential liability as an employer  The recent case of Chief Constable of Police of Northern Ireland v Agnew concerning the payment of backdated holiday pay has identified the need for employers to...

Embracing Inclusivity and Diversity

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Embracing Inclusivity and Diversity - Avoiding the 'Karen' Syndrome and Navigating Workplace Challenges The recent suspension of Uber's diversity and inclusion chief over a contentious Zoom meeting titled 'Don't Call Me Karen' has...

Unconscious Bias

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Discrimination of any kind should not happen. When it does, employers need to take swift and robust action against the perpetrator. However, what happens when the discrimination is not overt, or obvious, but comes from an unconsciously held bias that...

Would Your Business Survive A Costly Employment Tribunal Claim?

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Did you know the highest award offered for a Tribunal Claim in 2022 was £600,673? Employment Tribunal quarterly statistics for July to September 2022 show a 6% increase in single claims. What would you do if the claim was against your company? ...

Employment Law - what's on the horizon for 2023?

Sue Hatton
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In many respects, sadly not all positive, we will look back on 2022 as a memorable year with the Ukraine war, record heatwaves, Commonwealth Games in Birmingham, death of Queen Elizabeth II, three Prime Ministers, numerous changes of cabinet ministers,...

New Year, New Job? What you need to know about Restrictive Covenants

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New Year, New Job?  What you need to know about Restrictive Covenants Before you rush into any decisions about changing your job, it’s worth checking that your existing contract does not include any restrictive covenants. Employees often forget...

Avoiding Christmas Party Pitfalls

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It’s the most wonderful time of the year…or is it? As works Christmas parties are now in full swing, here are some things employers should be aware of and some the top tips for a successful evening. The work Christmas party can be seen as an...

Second job - what you need to know

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The increased cost of living has led many more people to take on second jobs to make ends meet. What should you know about your employment rights if you are thinking of taking on a second job? First of all, check your current employment contract in case...

Ruling on holiday for term-time workers

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The Supreme Court has ruled yesterday that employees that only work for part of the year, such as term-time workers, are entitled to the same holiday pay as colleagues working all year.  The appeal in the case of Harpur Trust (Appellant) v Brazel...

"Half-dead Dave" discrimination

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“Half-dead Dave” – a derogatory age-related epithet amounts to discrimination Research shows that the number of Employment Tribunal claims observing Respondents utilising the label “banter” as a justification for alleged...

Disability discrimination claim - Asperger's syndrome

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Peter Brady explains how he helped success bring a claim for disability discrimination for an employee with Aspergers syndrome 

Pregnancy related dismissal costs firm £185,000

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In the case of Miss R Richardson -v- James Fisher Nuclear Limited, an Employment Tribunal awarded a Claimant the gross sum of £185,000 to compensate her for being dismissed shortly after announcing her pregnancy.  Miss Richardson was employed by...

'Good girl' amounts to harassment

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Calling an employee a "good girl" amounts to harassment. In the case of Fricker -v Gartner UK Limited the Employment Tribunal held that calling an employee (who is in their late 30s) a “good girl” and “fat” constituted...

Menopause at work - advice for employers

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Menopause in the workplace - why is this topic so important? Well, put quite simply, we have an ageing workforce and women are representing a greater demographic of positions. This means that, technically, half of your workforce can be leading up to, or...

Cuts to sick pay for unvaccinated staff

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Ikea, Next and Morrisons cut enhanced sick pay for unvaccinated employees who need to self-isolate Ikea, Next and Morrisons have all publicly announced big changes to their contractual enhanced sickness policies, directly impacting unvaccinated employees. ...

ET rules fear of catching Covid not philosophical belief

Sue Hatton
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A recent Employment Tribunal considered a claim from a woman who refused to return to work for fear of catching Covid-19. The tribunal found that her fear of catching Covid 19 and her need to protect herself and others is not a philosophical belief for...

Menopause discrimination at work

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Employment solicitor Kate Johnson explains how employers should take steps to avoid menopause discrimination in the workplace, and offers advice to those experiencing menopause related discrimination at work.

When things go wrong at the Christmas Party

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What happens when things go wrong at the company Christmas party and what does vicarious liability have to do with it? Vicarious liability is a legal principle that can result in an employer being liable for the wrongful acts of its employees. Every...

Menopause and the workplace

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Menopause related Employment Tribunal cases on the increase. What should employers do to help women in the workplace. Kate Johnson, Employment Solicitor, gives her view... 

COVID 19 Compulsory vaccinations

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What is the current legislation around Covid19 in Employment? Can employers request the vaccine status of employees? Can an employer require employees to be vaccinated against COVID-19? Employment solicitor Peter Brady considers some of the issues around Covid 19 in thw workplace.

 

Can you ban a religious headscarf in the workplace?

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Can an employer justify a ban on religious headscarf in the workplace? In the recent case of IX -v- WABE, the European Court of Justice (“the ECJ”) held that a ban on wearing Islamic headscarves at work can only be justified if it applies to...