Category Archives: law

20 February 2015: How much investigation is appropriate in disciplinary proceedings?   In Shrestha v Genesis Housing Association Ltd, the Court of Appeal held that an employee was fairly dismissed after an investigation revealed that he had claimed mileage in … Continue reading →

13 February 2015:         The general position is that it takes the agreement of both parties (express or implied) to change a contractual term in an employment contract.   In Norman and others v National Audit Office … Continue reading →

30 January 2015: Employers who dismiss an employee should give them the right to appeal that decision. Failure to do so may give rise to an unfair dismissal claim. What if the employer upholds the decision but fails to inform … Continue reading →

16 January 2015: Redundancy arises when an employer’s business closes down, or stops in the place where the employee was employed. Alternatively it arises when there is a reduction in the need for the business for that particular kind of … Continue reading →

16 January 2015: Redundancy arises when an employer’s business closes down, or stops in the place where the employee was employed. Alternatively it arises when there is a reduction in the need for the business for that particular kind of … Continue reading →

9 January 2015: With an election looming in May 2015, it is more difficult than normal to predict what changes there may be to employment law in the year ahead.  The main changes that are currently on the cards are … Continue reading →

23 December 2014: Reasonable Adjustments for Santa? Santa has been getting rather portly in recent years and his sleigh is no longer comfortable for him to ride in.   Santa has mixed feelings about the European Court of Justice decision … Continue reading →

12 December 2014: Disability Discrimination – What’s in a Name? There are some names which seem strangely apt, such as that Mark Avery of the RSPB, Belgian footballer Mark De Man, lawmaker Lord Judge and gardener Bob Flowerdew (see BBC article). … Continue reading →

5 December 2014: Plumbing the Depths of Employment Status: Some businesses engage staff on a ‘self employed’ basis to avoid PAYE obligations, employee rights (such as the right not to be unfairly dismissed) and worker rights (mainly the right to paid … Continue reading →

28 November 2014: Stress and a Person of Ordinary Robustness: Can suspension trigger a personal injury claim for depression caused as a result?   Generally no, said the Court of Appeal in Yapp v Foreign and Commonwealth Office 2014 which … Continue reading →

21 November 2014: In the recent EAT case of Sefton Borough Council v Wainwright, Mrs Wainwright was put at risk of redundancy during her maternity leave, but not considered for alternative vacancies until several months later.   Regulation 10 of … Continue reading →

14 November 2014: Even though an employer may not ‘recognise’ a union formally, there may still be union representatives within the business who have union work to attend to.   In Edwards and another v Encirc Ltd (ET/2412489/13) a health … Continue reading →

4 November 2014: Does holiday pay include overtime? When calculating the statutory right to paid holiday, most employers make the calculation based on basic pay only, and not overtime.  Should they?   The Employment Appeal Tribunal has just issued its answer … Continue reading →

31 October 2014: Consultants providing personal services via limited companies Many consultants set up limited companies to provide services, in order to reduce their tax exposure.   In Halawi v WDFG 2014 reported this week, the Court of Appeal held that … Continue reading →

24 October 2014: Should an employer disregard disability-related absence as a ‘reasonable adjustment’ under the Equality Act?   This was considered by the EAT in General Dynamics Information Technology Ltd v Carranza UKEAT/0107/14. Mr Carranza got a final written warning … Continue reading →

17 October 2014: It’s commonly known that a non-contractual payment of up to £30,000 can be made on termination under section 401-4 Income Tax (Earnings and Pensions) Act 2003 (‘ITEPA’). Contractual payments, and payments in lieu of holiday etc have … Continue reading →

10 October 2014: Are ‘Self Employed’ consultants really employees? Many organisations engage self-employed consultants to carry out work for them, sometimes over a period of years.   Problems can arise when business wants to dispense with their services, as whatever the … Continue reading →

19 September 2014: Shared Parental Leave from the 5th April 2015: Currently fathers can take Additional Paternity Leave and Pay – for between 2 and 26 weeks at £138.18 pw, to start 20 weeks after the birth or adoption.   Parents of babies … Continue reading →

12 September 2014: Can international employees claim unfair dismissal in the UK?   Employees in the UK and Europe generally enjoy stronger employment rights than workers in the USA. This might make it attractive for employees of multinationals to claim … Continue reading →

5 September 2014: The Perils of Giving References: The recent case of Playboy Club London Ltd  v Banca Nazionale del Lavaro [2014] is a warning to all employers whose staff may give references without approval.   It is well established (in … Continue reading →

1 August 2014: Do employers own their staff’s linked in contacts?   We wrote in July 2013 about Confidentiality, Restrictive Covenants and Linkedin profiles. LinkedIn is becoming a particularly important tool in some jobs, and the ownership of an employee’s … Continue reading →

25 July 2014: Can an employer convert a disciplinary warning to dismissal on appeal? Not unless the policy expressly says so, was the answer in the Court of Appeal case of McMillan v Airedale NHS Foundation Trust.   A contractual … Continue reading →

18 July 2014: The short answer is that severe obesity is likely to be a disability under the Equality Act 2010. In Kaltoft v Municipality of Billund the Advocate General of the European Court of Justice has given the opinion … Continue reading →

11 July 2014: Throwing a Sickie: Occasional low level sickness absence can be a significant problem for employers. While sickness absence is often genuine, staff also sometimes throw a ‘sickie.’   The BBC reports this week a survey by PwC aiming … Continue reading →

20 June 2014: What do you do if an employee leaves without working their contractual notice? In Li v First Marine Solutions this month, the EAT held that a clause deducting a month’s pay  for Ms Li’s failure to work … Continue reading →

13 June 2014: The short answer, is no, following the Court of Appeal decision in  Hainsworth v Ministry of Defence.   Ms Ainsworth worked for the British Armed Forces as a civilian based in Germany. Her daughter had Down’s syndrome … Continue reading →

6 June 2014: World cup fever will officially grip the nation from Thursday 12th June 2014 when Brazil kicks off against Croatia at 9pm. Many fixtures appear to be outside UK normal working hours which will help avoid staff sloping off … Continue reading →

30 May 2014:  According to the Guardian newspaper this week, the British Social Attitudes survey shows that the percentage of people who describe themselves as prejudiced against those of other races has risen overall since 2001. People admitting to some … Continue reading →

23 May 2014: As widely reported in the media this week, the European Court of Justice has held in Lock v British Gas Trading Ltd that, when a worker’s pay ordinarily includes commission, her salary should not be reduced because she … Continue reading →

16 May 2014: As is commonly known, it is now unlawful to require a person to retire by reason of age unless the requirement can be justified as a proportionate means to achieve a legitimate aim. Imposing retirement on air traffic … Continue reading →

9 May 2014. Checking Employee’s Personal Home Computers: Nowadays, it’s only too easy for employees to retain confidential work information on personal computers or data sticks. Settlement Agreements often require ex-employees to delete any such data, but that can be … Continue reading →

2 May 2014: As reported widely in the press this week, Ed Milliband and the Labour party plan to reform the law on zero hour contracts, under which employers are not obliged to offer a minimum number of working hours, and … Continue reading →

29 April 2014: From the 6th May 2014 Claimants will be obliged to first make an application for ACAS Early Concilation before submitting a claim in the Employment Tribunal. See our earlier bulletin via this link.   To start the … Continue reading →

2014.04.25: Claims of ‘whistleblowing’ with respect to detriments suffered as a result of making a Protected Disclosure can be notoriously complicated.   Making a Protected Disclosure includes telling the employer that that that they have failed to comply with a legal … Continue reading →

4 April 2014: ACAS Early Conciliation: Acas’ Early Conciliation service will be optional from 6 April and will become obligatory from the 6th May 2014 if claimants want to bring Tribunal claims. Very much in brief: Claimants will have to contact … Continue reading →

28.03.2014: When do enhanced redundancy payments become binding on the employer?   In Park Cakes Ltd v Shumba in 2013, the Court of Appeal gave general guidance on when employees could rely on enhanced redundancy payments. The Court said that issues … Continue reading →

21 March 2014: Right to Work in the UK: It is an offence to employ someone without having taken the proper steps to check their right to work in the UK and the checks an employer has to carry out … Continue reading →

14 March 2014: From July 2013 Claimants have been obliged to pay a fee in the majority of cases of £250 to submit a claim in the Employment Tribunal and £950 before a full hearing.   Although Claimants can seek … Continue reading →

7 March 2014: Statutory Discrimination Questionnaires on their way out: For many years, employees have been able to issue statutory discrimination questionnaires to ask questions and to request certain documents, to assist them in deciding whether to bring a claim of … Continue reading →

Changes to Statutory Redundancy Payments: (last updated 15.04.2021) Employees being made redundant with over two years’ service are entitled to receive a redundancy payment which is calculated at a weeks’ gross pay to a maximum of £544 (£538 before 6 … Continue reading →