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Each month we will be asking a question on a hot topic to one of our employment specialists. This month, Thomas Fuller, Associate, considers the consequences of not complying with the collective consultation provisions under the Trade Union and Labour...
Contracts can come in various forms – one of which is for a fixed term. This means that an individual is employed for a set amount of time which terminates on a specified date or after a fixed period i.e. on 1 January or after a period of six months....
By nature, a zero hours contract means that the employee is not guaranteed any work or a set number of hours per week or per month. This allows a degree of flexibility that a permanent contract of employment does not and can be especially useful in certain...
The latest update by the Home Office bring welcome news for employers – priority services are being expanded! In brief, these are: Removal of the cap for sponsor licence application priority services – now an unlimited service! This was...
The Employment Rights bill promises to bring sweeping changes to UK employment law over the next couple of years. However, it is not clear just exactly what changes will take place in the immediate future. We take a look at what changes are definitely being...
Outset assists Carnival PLC with defending maternity discrimination claim following redundancy exercise- Carnival Plc (ta Carnival UK) v Ms Laura Hunter [2024] EAT 167 In a significant recent ruling, Outset’s client, Carnival PLC was able to win...
Legislation applies to the overseeing of children and young people, who are legitimately employed in the UK. This legislation prevents children under the age of 14 from being employed however, this can, and often is, relaxed by local authority byelaws so...
Failure to consider length of service and alternatives to dismissal did not make a dismissal unfair - Alexis v Westminster Drug Project [2024] EAT 18 In the recent Employment Appeal Tribunal (‘EAT’) case of Alexis v Westminster Drug...
Undue pressure does not take place when a protected conversation follows an employee being informed of a genuine “at risk” situation they are only given an initial 48 hours to consider an enhanced offer - Mr Kevin Gallagher v McKinnon’s...
It has been ten years since the introduction of Shared Parental Leave (SPL), which had the aim of providing more equality in the early months of a child’s life between both parents. We look at the progress made in the first decade of SPL, whether its...
The festive season is all about joy and celebration, but it’s not all tinsel and sparkle for everyone. Many employees feel the squeeze of stress, financial worries and year-end burnout during this time. Want to help your team stay happy and energised?...
As Christmas party season approaches, now’s the time to understand the Worker Protection Act 2023. This new legislation strengthens workplace protections by placing a duty on employers to prevent harassment in any work-related context, including...
Festive Gifts or Ethical Risks? The holiday season often brings goodwill in the form of gifts from clients or suppliers, which can strengthen relationships but also pose challenges around transparency, fairness, and ethics. Here’s what you...
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....
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...
‘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...
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...
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...
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...
We supported SHL to run a compliant collective consultation process, following the need to...
