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Vento bands are the levels through which Employment Tribunals decide the award to be delivered in respect of injury to feelings. A lower band indicates less serious cases, a middle band for cases which do not merit an award in the upper band, upper band for...
Tesco Stores Ltd -v- Union of Shop, Distributive and Allied Workers and others In a recent decision, the Supreme Court restored an injunction preventing Tesco from terminating certain employment contracts that included an entitlement to retained pay....
Comments made about baldness can be harassment related to sex – British Bung Manufacturing Company Ltd and another v Finn [2023] EAT 165 Mr Finn was employed as an electrician by the Respondent, which was a small company with mainly male...
‘We have an employee that has not attended work. They have not contacted us or given a reason. What should we do?’ A guide on approaching the process for AWOL employees It is fairly common to have an employee who does not attend work, without...
Originally heard several years earlier, the case of Rooney v Leicester City Council has been heralded an important legal first being the first case where a person’s menopausal symptoms were deemed to potentially amount to a disability. Here, Ms...
T is for… Trade Union According to legislation, the key role of a trade union (whether it be a temporary or permanent organisation) includes ‘ the regulation of relations between workers and employers… ’. Unions are more common...
U is for… Unfair Dismissal A claim for unfair dismissal occurs when an employee is dismissed outside of one of the five potentially fair reasons, as set out in legislation. Employers must follow a fair process and procedure and if they reach a...
W is for… Working Time Regulations The Working Time Regulations 1998 considered the meaning of working time and introduced duties and obligations onto employers in respect of the hours that employees are working. This includes for example, taking...
The rapid development of AI has seen more inclusion of it in the workplace. The fast paced nature of the current business world lends itself to many useful AI programs and can make business more efficient. How does it look from the perspective of an...
It may not seem like it, but it is the season to be jolly. The trouble is that for employers at least, the Christmas party comes with worries that someone, somewhere….and there’s always one….is going to cause a problem through bad...
“Just because we could, doesn’t mean we should.” A line I’ve trotted out to many a client over the years. Sometimes, the reverse works, too. Just because employment law says we can’t do something doesn’t necessarily mean...
Understanding entitlements and calculations can often be a minefield for HR teams. Here, we shed some light on the essentials and provide clear answers to get the easiest and most accurate results for your team! Did you know that full-time employees are...
The Government’s Workers (Predictable Terms and Conditions) Act 2023 is a step toward certainty and balance across the workforce. As of September 2024, workers have a clearer path to consistent, reliable work patterns while encouraging responsible...
As 2024 nears its end, the push for a return to office work is gaining momentum, bringing with it fresh discussions around culture, productivity, and employee wellbeing. Many CEOs still view the office as a key space for collaboration, culture, and...
The Neonatal Care (Leave and Pay) Act 2023 is set to bring vital support for parents of newborns in neonatal care. This new law provides specific leave and pay entitlements, easing the burden on families during an incredibly challenging time. Previously,...
In 2020, Nicola Hinds's employer, Mitie, described her as ‘extremely dedicated’ and as having ‘tremendous potential’. A year later, after she informed her bosses of her pregnancy, things deteriorated markedly. Hinds informed her...
As I looked out of my office window a few days ago on a dreary wet dull UK October day, my thoughts inevitably drifted to sunnier places, and not for the first time I wondered why, if employees can work effectively at home in the UK, they shouldn’t be...
The long awaiting (100 days of waiting to be precise!) bill has today been released. There is a lot of concern about businesses over the lack of consultation that has taken place prior to its publication. We are therefore expecting consultation to take...
As the workplace evolves into a more diverse landscape, encompassing differences in race, religion, gender, age and more, language plays an essential role in achieving inclusion and safeguarding employees from discrimination. Managing this effectively is...
The "Right to Switch Off" has become crucial as workplaces, especially with remote working, face challenges in separating professional and personal life. Blurred boundaries are leading to more stress, burnout, and declining mental health. Why is...
Shop floor work found to be of equal value to warehouse work - Thandi and others v Next Retail Ltd and another ET/1302019/18 In a crucial and perhaps landmark decision, over 3,500 former and current staff at Next have been successful in the...
A landmark event in workers rights is about to hit and must be approached with thoroughness. Time is ticking so make sure you and your entire staff are ready to meet the changes with confidence, empathy and efficiency! On 26th October 2024 , the Worker...
A finding of failure to make reasonable adjustments does not prevent disability discrimination claims from being dismissed – Parnell v Royal Mail Group Ltd [2024] EAT 130 The Claimant in this case had anxiety and depression and brought 31 claims...
Claimants without the protected characteristics of a disadvantaged group can bring claims of indirect discrimination for the “same disadvantage” - British Airways plc v Rollett and others and Minister for Women and Equalities (Intervener)...
Each month we will be asking a question on a hot topic to one of our employment specialists. This month, Molly Mackay, Solicitor considers the upcoming new obligation on employers to precent sexual harassment in the workplace. ‘We are aware that...
Why is wellbeing at work so important? Enhancing employee satisfaction, reducing stress, and boosting overall performance are just a few reasons. But is it the organisation’s responsibility to promote a healthy lifestyle and mental health to their...
Each month, as you walk into the office, you can observe how your workplace is evolving. While changes in staffing present challenges, it's also an opportunity to improve. By focusing on employee retention, you can alleviate the pressure on your...
Half-term can be challenging for employees with dependents. Understanding dependent care leave helps both employees and employers find the best solutions. Read on for practical tips and strategies! School holidays are coming up. Are you worried about...
HR faces a recurring challenge every year: managing sick leave around the August bank holiday. Companies often need to verify the legitimacy of such sick days. So, what steps can you take from an employer's perspective if this occurs in your company? ...
HR faces a recurring challenge every year: managing sick leave around the August bank holiday. Companies often need to verify the legitimacy of such sick days. So, what steps can you take from an employer's perspective if this occurs in your company? ...
As expected, yesterday the King’s speech included the formal announcement of a new Employment Bill, the draft legislation for which will be introduced within 100 days. Although the changes are vast, and the exact detail is yet to be seen, the guidance...
Valimulla v Al- Khair Foundation The Claimant was a liaison officer covering the North-West of England region. The Foundation employed other individuals who carried out the same/similar role in other geographical regions. During the pandemic, the work...
Clifford v IBM United Kingdom Ltd [2024] EAT 90 The Claimant had been absent from work due to his disability from 2008 onwards. In 2013, he entered into a settlement agreement following his grievance against the Respondent, which included their failure...
As the summer sun begins to shine (on occasion), it's time to start planning those much-anticipated getaways with friends and family. It’s the perfect opportunity to explore new places, create unforgettable memories, and have the adventure of a...
Managers should not shy away from difficult conversations. By tackling issues (whether it be performance, disciplinary, or otherwise), in an open and timely manner, it stops them from escalating into grievances or tribunal claims. Various management styles...
L is for… Leave related to IVF and fertility treatment Under the current legislation, there is no statutory right to time off for IVF appointments, as these do not currently fall under the remit of antenatal appointments. Case law has helped to...
Each month we will be asking a question on a hot topic to one of our employment specialists. This month, Tessa Robinson, Senior Associate considers what happens when an employee asks for their evidence to remain anonymous in an internal grievance,...
With labour winning a majority in the General Election, it is highly likely they will be able to proceed with their proposed changes to employment law, as set out in their election manifesto. Following our summary last week, we take a deeper look at the...
Feeling the heat at work? As climate change cranks up the temperatures, understanding how to manage heat stress during the summer months is more crucial than ever. We will explore the impacts of rising temperatures in your workplace and provide practical...
Summer is the season of sun, relaxation, and the battlefield for annual leave management. Time off is on the rise with changes to areas like parental leave. Balancing these with the familiar holiday requests isn't easy. In this blog, we aim to provide...
Ah, summer - the season of sunshine, relaxation, and endless possibilities for fun. But enjoying all that summer has to offer doesn't have to come with a hefty price tag. With a little creativity and planning, you can have a fantastic Spring and Summer...
With one week to go until the General Election, we have summarised each of the main political parties election pledges in relation to employment law, and provide our view as to the impact these may have! To avoid any politic persuasion – we have listed...
Many organisations hoped that the TUPE regulations would be abolished following the UK’s withdrawal from the EU. Although this did not transpire, the government have launched a consultation on making further changes to the Transfer of Undertakings...
In a year where the Immigration rules have seen their biggest overhaul in many years, employers have been given some good news as the Migration Advisory Committee (“MAC”) have recommended that the Graduate visa route is retained in its current...
Each month we will be asking a question on a hot topic to one of our employment specialists. This month, Suzanne Brookes, Senior Associate considers the new rules that will be introduced later this year in relation to the Allocation of Tips, predominately...
If a Claimant’s conduct arising from disability is a minor contributing factor to a decision taken by an Employer, that decision can amount to discrimination arising from disability under the Equality Act 2010 – Bodis v Lindfield Christian...
A tribunal should look at the original claim documents in order to conclude which claims have been brought by a Claimant, and not just rely on the agreed list of issues Z v Y The Claimant worked for the Respondent in fire and rescue. After a long...
J is for… Judicial Mediation An important element of the Employment Tribunal process is that of judicial mediation. This involves both willing parties, accompanied by their legal representatives if they have them, usually appearing before a judge...
Over the past few years, employers have made great strides in recognising and supporting neurodivergent individuals. However, the City & Guilds Foundation, an organisation specialising in skills development, has published its second Neurodiversity Index...
Tribunals should not substitute their own decision for that of the employer, a decision may be harsh, but if an Employer can evidence their actions were within the band of reasonable responses, the dismissal should be ruled as fair – Vaultex UK Ltd...
Moving to a digital immigration world – transition to eVisas for Biometric Residence Permit holders The Home Office plans to develop an immigration system that is “digital by default”. One of the steps they are taking in relation to...
We supported SHL to run a compliant collective consultation process, following the need to...
