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To claim unfair dismissal, agency workers need to establish that they are an employee of the agency, or the end-user business. At the time of writing employee’s need two years service to claim unfair dismissal (though that is changing) Whilst … Continue reading
11 October 2024: As has been widely reported; under the proposed Employment Rights Bill, employees will no longer need two years service before they can gain protection against unfair dismissal. It appears that this will become a day one right, … Continue reading
Posted on October 04, 2024
Posted in: law
If you are offered a settlement agreement, then it is a requirement of that agreement that you take independent legal advice before signing it, in order for it to be binding. Whilst some employers suggest a list of solicitors who … Continue reading
Posted on October 31, 2023
Posted in: law
If you are asked to disclose convictions on a job application form, you should do so unless they are ‘spent’ The rehabilitation periods for ‘spent’ convictions reduced on 28 October 2023. From that date, the new rehabilitation periods are as … Continue reading
Under the Working Time Regulations 1998, when your employment ends, you are entitled to a payment in lieu of holiday accrued but untaken to the termination date. Sometimes however, you may find that you have been underpaid for earlier periods … Continue reading
ACAS: What is an ACAS COT3 settlement? ACAS is the government mediation service for employees and employers. The ACAS service is free of charge and helps parties reach agreement. The appointed ACAS officer will help facilitate negotiations between the parties … Continue reading
Call an expert employment solicitor today on 0207 118 0950. Click here for our Five Star Trustpilot reviews. See our Five Star Google reviews. If you have over two years’ service, you can claim Unfair Dismissal if you think your selection for redundancy is … Continue reading
Posted on August 17, 2023
Posted in: law
Settlement Agreements are used primarily to settle statutory claims arising out of the employee’s employment or its termination. This will normally include Employment Tribunal claims such as Unfair Dismissal, Unlawful Discrimination, unlawful deduction of wages, Whistleblowing claims, and other statutory … Continue reading
Claims of unlawful discrimination under the Equality Act 2010 normally need to be instigated no later than three months less a day from the date of the act complained of (or last in a series of acts complained of), by … Continue reading
If an employer wants to impose new contractual terms on their existing employees, they will sometimes serve notice of termination under the old contract, and then immediately offer new employment under the new employment contract. This is considered a dismissal … Continue reading
If you are being made redundant by your employer, you may be offered a Settlement Agreement either: a) at the beginning of the redundancy process, or b) once the redundancy consultation process has concluded. Your employer may offer you a … Continue reading
Under the ACAS Code for Disciplinaries, the employer should invite the employee to a disciplinary meeting to discuss the allegations before reaching any decision. Does a manager holding a disciplinary have to meet an employee before deciding to dismiss? In … Continue reading
Since 2017, employers with over 250 employees have to publish gender pay gap figures. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 defines a pay gap to be the difference between the median (or mean) hourly pay of … Continue reading
For claims issued on or following 6 April 2024 awards for injury to feelings in discrimination claims may be as follows: Lower band: for less serious cases: £1,200 to £11,700Middle band: for cases that do not merit an award in … Continue reading
If you succeed in a claim of Unfair Dismissal, the Tribunal will make a Compensatory Award to compensate you for your loss of earnings etc from the date of dismissal until the date that you secure suitable alternative employment. The … Continue reading
From 6 April 2024, the figures for calculating unfair dismissal awards and redundancy payments go up. Unfair Dismissal: The statutory cap for Compensatory Awards in unfair dismissal claims will be the lesser of a) 52 weeks gross pay or b) … Continue reading
10 March 2023: Recent press revelations about Matt Hancock’s Whatsapp communications as Secretary of State for Health during Covid highlight how common Whatsapp is now as a form of business communication. In legal proceedings, parties have to provide disclosure of … Continue reading
If you are being made redundant, and if you have over two years continuous service, you will be entitled to a Statutory Redundancy Payment. The Statutory Redundancy Payment is calculated based on a week’s gross pay to a maximum of … Continue reading
Posted on February 17, 2023
Posted in: law
If you have been put at risk of redundancy, these are the sorts of questions you should be asking: Why is my position at risk of redundancy? – An obvious question, but one that employers do not always find easy … Continue reading
Can Settlement Agreements settle claims against the Employer which have not yet arisen? In a typical Settlement Agreement you will see a clause listing out a number of potential statutory claims that are being settled, plus claims in common law, … Continue reading
Holiday Pay for Workers with Irregular Hours. The 2022 the Supreme Court decision in Harpur Trust v Brazel has had a major impact on how employers calculate the rate of holiday pay for employees on zero hours contracts or who … Continue reading
Is “No Jab No Job?” unfair? The answer to that question is likely to depend on the nature of the job and the procedure adopted by the employer. However in a claim brought by a nurse, 3 care assistants and … Continue reading
5 January 2023. Currently, the statutory right to request flexible working can only be requested after 26 weeks service (see Statutory Right to Flexible Working). However, in December 2022, the government said it would be changing the regulations so that … Continue reading
Posted on December 19, 2022
Posted in: law
In April 2023 the rate of Statutory Sick Pay and the National Minimum Wage will increase. The rate for statutory maternity, paternity, adoption, and shared parental pay will increase to £172.48 per week (up from £156.66). The rate for statutory … Continue reading
7 December 2022: A Settlement Agreement is an agreement that brings to an end all and any statutory or other claims arising out of your employment or its termination. There are several requirements necessary for a Settlement Agreement to binding, … Continue reading
28 October 2022: When selecting staff for potential redundancy, the employer will normally start by defining the pool from which redundancies will be selected. For example, if you have five Widget Testers, but want to reduce the number from six … Continue reading
12.09.2022. Is dismissal for persistent lateness unfair? Persistent lateness for work can be a real problem for employers when punctuality is important, but how easy is it to dismiss an employee as a result? In Tijani v House of Commons … Continue reading
Can employers demand repayment of training or other costs if you resign and leave? Employment contract clauses requiring the repayment of training and other expenses by the employee if they leave are common. But are they enforceable? Here are some … Continue reading
Backdated Paid Annual Leave (UK Employment Law – 30 May 2022) Many businesses who take on people on a self-employed, consultant or other capacity to avoid employer liabilities, live in fear of backdated holiday pay claims. Under the Working Time … Continue reading
Posted on May 11, 2022
Posted in: law
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
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
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
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
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
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
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
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
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
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
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
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