In the recent case of Lofty v Hamis, the Employment Appeal Tribunal (the “EAT”) found that a “pre-cancerous” condition – namely lentigo maligna – was deemed to be a disability under the Equality Act 2010.
Read moreOn 14 September 2020, in the case of Taylor v Jaguar Land Rover Ltd (Case No. 1304471/2018), the Employment Tribunal held that the protected characteristic of gender reassignment under section 7 of the Equality Act 2010 (‘the Act’), extends to individuals who identify as gender fluid and non-binary. In this article, we discuss the case and what steps employers can do to ensure they have an inclusive workplace.
Read moreIn this article, we highlight what employers are required to do with employees returning from abroad, where quarantine regulations have been imposed by the Government. What pay is a returning employee entitled to? Any employees required to self-isolate for 14 days after returning from abroad, should work from home (if possible) and receive their usual […]
Read moreWith so many employees now working from home, in this article, we highlight some of the issues for employers to consider. Health and Safety: Employers have a duty to protect the health, safety and welfare of their employees. When employees are working from home, employers should consider undertaking the following: Contact should be maintained with […]
Read moreCOVID-19 | Guidance for employers As the British government continues to pursue measures to ‘flatten the curve’ and try to limit the spread of COVID-19, businesses face an extended period of uncertainty in a constantly evolving scenario. While some sectors will be affected more than others – the hospitality sector in particular has been hit […]
Read moreAs businesses and individuals continue to react to the uncertainty caused by COVID-19 and the ensuing ‘lock down’, they need to be able to respond swiftly with up to date advice delivered in a timely manner. Spratt Endicott Solicitors are committed to providing prompt advice tailored to the needs of our clients, particularly on those […]
Read moreIs it a “basic employment right” to have an investigation meeting before a disciplinary hearing? No. A dismissal has to be fair and any investigation needs to be reasonable. The case below demonstrates that holding an investigation meeting is not an absolute requirement of a fair procedure. What is important is the substance of the […]
Read moreUnconscious bias and procedural errors can cost employers money. In the case below, it cost almost £700,000. Aplin v Tywyn Primary School Governing Body Mr Aplin was the head teacher at Tywyn Primary School. In August 2015, Mr Aplin met two 17 year olds via the Grindr dating app and the three of them had […]
Read moreAccountability Toolkit The General Data Protection Regulation [GDPR] introduced an accountability principle so data controllers are required to handle personal data appropriately and effectively and are able to show this through their practices and procedures. The Information Commissioner’s Office (ICO) has announced that it intends to launch an accountability toolkit in 2020 to help organisations […]
Read moreAn adequate investigation is a key part of a misconduct dismissal for it to be fair. This is necessary to show:- the employer has reasonable grounds to believe that the employee is guilty of the misconduct; and the employee knows the case they have to meet. The recent case of Dronsfield v The University of Reading has […]
Read moreThe Parental Bereavement (Leave and Pay) Act 2018 was given Royal Assent on 13 September 2018 and is due to come into effect in 2020. The new legislation gives employees who lose a child under the age of 18 or a stillborn from 24 weeks of pregnancy, a day one right to two weeks leave. […]
Read moreIn the case of Tillman v Egon Zehnder [2019] UKSC 32, the Supreme Court has clarified the law surrounding severance of restrictive covenants in employment contracts including Post-Termination Restrictions. What are Post-Termination Restrictions? Post-Termination Restrictions are restrictive covenants typically found in an employment contract to restrict and/or prohibit an ex-employee taking up employment with a competing company, […]
Read moreCovert recordings by employees may affect compensation at an employment tribunal and may be found to be misconduct. According to ACAS just because covert recordings made are ‘very distasteful’ or ‘discreditable’ does not mean they are inadmissible as evidence. In the recent EAT case of Phoenix House v Stockman, it was found that it was […]
Read moreThere are special rules relating to the National Minimum Wage dealing with time spent “on call” or on “standby” outside normal working hours, or overnight when they are permitted to sleep on or off an employer’s premises, but are otherwise available for work when required. Workers have been held to be working (and therefore entitled […]
Read moreIn this article we look at some of the key changes in employment law coming in the future to make sure you are not taken by surprise. Written Statement of Key Terms/Employment Particulars on or after 6 April 2020 All workers (including employees) starting work on or after 6 April 2020 will be entitled to […]
Read moreUnder the National Minimum Wage Act 1998 (NMWA) employers have a duty to keep pay records and employees have the right to request the records if they believe on reasonable grounds they are being paid less than the national minimum wage. If the employer fails to allow the employees access, they have the right present […]
Read moreUnder the Working Time Regulations 1998 there is currently no obligation on employers to implement a system that specifically records employee’s working time. In the recent case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE it has been found that employers must record workers daily working time to ensure they are […]
Read moreIn the recent Court of Appeal case of Ali v Capita Customer Management Limited it was found that it was not direct discrimination for employers to not pay new fathers on shared parental leave at the same rate as new mothers on maternity leave. So what is the background to shared parental pay? Maternity Pay […]
Read moreCompensation for Discrimination Cases As an overview, compensation for discrimination cases can be claimed for: Loss of earnings; Injury to feelings; Damages for personal injury; and Aggravated damages. In extremely rare cases, employees may be awarded exemplary damages (also known as punitive damages). These damages are an amount in excess of the Claimant’s loss and […]
Read moreThe Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 came into force on 6 April 2017 and imposes obligations on relevant employers to analyse their data and compile a report on their gender pay gap. These reports must be published on the employer’s public website and be submitted to the government. Which employers need […]
Read moreEmployer policies and reasonable adjustments: Linsley v Commissioners for Her Majesty’s Revenue and Custom: UKEAT/0150/18/JOJ. A recent employment appeal tribunal found that an employer’s own policies should be followed when they are deciding on what reasonable adjustments to make. Facts Linsley (L), the employee, brought a claim in the employment tribunal (ET) for disability discrimination […]
Read moreIn the recent case of Lamb v The Garrard Academy UKEAT/0042/18, according to the employment appeal tribunal, the tribunal erred in deciding that an employee with PTSD was not disabled until she had been suffering from the condition for a year. Facts Ms Lamb (L) was employed as a teacher at The Garrard Academy (the […]
Read moreWhy use a confidentiality clause? Confidentiality clauses (also referred to as Non-Disclosure Agreements or NDAs) are frequently included in settlement agreements and are often a crucial feature in the settlement of a claim. They can operate for the mutual benefit of both parties. Employees may consider that confidentiality is a price worth paying to avoid […]
Read moreThe principle of open justice prevailed over right to privacy in the case of Ameyaw v PricewaterhouseCoopers Services Ltd, where an anonymity order for the publication of the judgment was denied under Rule 50 of the Employment Tribunal Rules (ETR). Employment tribunal judgments and written reasons are published on a public register online since February […]
Read moreA number of key employment law changes are expected in 2016. Zero Hours Contracts From 11 January 2016, zero hours employees now have a remedy against employers who include exclusivity clauses in their contracts of employment. The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 give zero hours employees the right not to be […]
Read moreIncrease of the National Minimum Wage (NMW) The government is aiming to increase the NMW by up to 60% by 2020. The government and the Low Pay Commission (LPC) have been working closely and the recommendations of the LPC have been implemented relating to income. The following rates will apply from April 2019: Apprentices: £3.90 […]
Read moreUnlawful deductions from wages claims are in the news and can arise in a variety of ways including: a shortfall in holiday pay; or a failure to pay national minimum wage for all time spent “working” particularly where that time is spent on what was historically considered non-working time, such as sleeping time when “on call”.
Read moreUnder the Equality Act 2010, every employer is under a duty to make reasonable adjustments to their workplace to ensure that their disabled employees are not at a disadvantage to their able-bodied colleagues. Disability could include a wide variety of ailments (including “pre-cancerous conditions” – see our March 2018 article), provided that the employee suffers […]
Read moreIf you have not done so already, you should start thinking about the new requirement to report gender pay gap information. This is being brought in by the Equality Act 2010 (Gender Pay Gap Information) Regulations 2016. Who needs to report gender pay gap information? Employers with 250 or more employees on 30 April 2017 […]
Read moreI hope this headline caught your eye as being discriminatory. According to the Equality and Human Rights Commission (EHRC) adverts which are discriminatory are still common especially in relation to sex or age. An individual who applies unsuccessfully for a job will point to a discriminatory advert that the employer’s failure to offer them the […]
Read moreI am often being asked about confidential pre-termination negotiations and how to go about them. This has been an alternative way for employers and employees to engage in confidential “off the record” discussions on ending the employment relationship since 29 July 2013. There are some significant limitations (see below) on when such negotiations will be […]
Read moreIf an employee has two years’ service, then when considering a dismissal relating to conduct, an employer needs to act reasonably in the investigation, the process, the conclusions and the sanction imposed. One of the things that an employer also needs to consider is consistency of treatment. Inconsistency in punishments for misconduct may give rise […]
Read moreWhat is working time? It sounds like a simple question doesn’t it? However, the Regulations governing this question are complex, and have given rise to a considerable amount of litigation. The latest litigation concerns travel time to first and from last customers of the day and for those who do not have a fixed or […]
Read moreOn 5th October 2015 it was announced by George Osbourne that he will extend shared parental leave and pay to working grandparents. The aim is to implement this by 2018 following a consultation in the first half of 2016. According to the announcement evidence suggest that nearly 2 million grandparents have given up work, reduced […]
Read moreThere are currently different rates of national minimum wage (NMW) for four categories of worker: Standard adult rate. This rate applies to workers aged 21 or over (there is no upper age limit). Development rate. This rate applies to workers aged between 18 and 20 inclusive. Young workers rate. This rate applies to workers aged […]
Read moreThe massive increase in social media is certainly still creating issues for employers in the workplace. In a recent case it was held fair to dismiss an employee that had made derogatory comments about his employer on Facebook. This case is a useful reminder to employers of the importance of maintaining an effective social media […]
Read moreWith the migrant crisis being headline daily news, it should be noted that the government has published the Immigration Bill 2015-2016. This intended legislation contains proposals to curb illegal working and protect the exploitation of migrant workers, as outlined in the Queen’s speech which was delivered on 27 May 2015. In particular, the Bill: proposes […]
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