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Employees can currently request flexible working arrangements under the Flexible Working Regulations 2014 (1) and Part VIIIA of the Employment Rights Act 1996 if they have worked for the same employer continuously for the previous 26 weeks.
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The festive season is upon us, and employers and employees will be turning their attention to the event with extra anticipation after the pandemic disruption. Although this is a festive and jolly occasion, it can be ruined due to excessive consumption of alcohol, unruly behaviour, damage, and violen…
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World Cup fever is gripping the nation, and employers are probably wondering how they will handle the excitement about the tournament in the workplace.
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Employers are increasingly looking to advertise vacancies on various social media channels, but they need to carefully consider where they advertise such opportunities to avoid criticism and possible legal claims. Employers thinking of advertising jobs online should take care to avoid allegations of…
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In Citibank NA v. Kirk (2022) the Employment Appeal Tribunal (EAT) ruled that where there is a marginal difference between the claimant and his or her comparator, careful consideration must be given when age discrimination is claimed. The case was referred to the Employment Tribunal for rehearing.
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Since the outbreak of the COVID-19 pandemic and the introduction of bounce-back loans, increased numbers of businesses have applied for the emergency loans and then subsequently dissolved the business. This widespread practice was recognised by the government, which led to the introduction of the Ra…
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In light of section 98(4) Employment Rights Act 1996 (ERA) (1), the Employment Tribunal (ET) is required to determine whether a dismissal is fair or unfair based upon the band of reasonable responses test ("BORR"). The "BORR" test applies not only to the dismissal hearing but also to the investigati…
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The Chancellor, Jeremy Hunt has delivered his Autumn Statement on 17th November 2022 and employers will need to plan ahead for wage cost increases. Following the recommendations of the independent Low Pay Commission (LPC), the government will, from 1st April 2023, increase National Living Wage (NLW)…
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In order to process personal data, there must be a lawful basis to do so. The lawful grounds for processing personal data are set out in Article 6 of the GDPR. The lawful purpose requires that the processing be ‘necessary’ for a specific purpose, and if an employer can reasonably achieve the same pu…
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Most employers rely on the contents of an applicant’s CV together with the interview process to determine suitability for a job, but the former can be subject to flaws where a rogue applicant over exaggerates previous work experience, falsifies qualifications, and glosses over gaps in their employme…
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With the recent unfortunate matter at the Oscars over a joke linked to baldness, there is now a recent Employment Tribunal (ET) decision that gives some guidance on the above question in the context of UK employment law.
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To coincide with the 50th anniversary of The Robens Report in 1972, which led to the Health and Safety at Work Act 1974, the Health and Safety Executive (HSE) has published latest details about deaths in the workplace.
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Employers must reintroduce original document checks beginning on October 1, 2022, for British and Irish citizens. The Home Office offers an online Right to Work Checking Service for other candidates.
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A dismissal can be automatically unfair where the main reason for the dismissal is related to protected disclosure made by a worker in circumstances where the worker reasonably believes that a serious wrongdoing has occurred in the workplace – see section 43A Employment Rights Act 1996 (ERA)
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Two recent cases were reported in January 2022, dealing with serious breaches of health and safety by a corporate body as well as a private individual. These prosecutions by the HSE highlight the fact that the HSE will prosecute all serious corporate breaches, risking the safety of their staff, but…
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In principle, the above can be carried out by an employer if they can justify that they followed a fair and reasonable procedure of meaningful consultations with the staff affected to justify the business rationale of why the changes are required in circumstances where there are no other alternative…
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Globally, one person commits suicide every 73 seconds. By the time you finish reading this article, two people will have taken their own lives. In 2020, the UK registered 4912 suicides and many unrecorded attempted suicides. Men made up 15.3/100,000 of the population, whilst women recorded 4.9/10…
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Prior to the case of Harper Trust v Brazel, employers were using the 12.7% of hours worked rule when calculating holiday pay where staff worked irregular hours. In this case, Brazel (B) was an employee working under a zero-hours contract who worked approximately 32–35 weeks per year. When calculatin…
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Many employers are likely to have disciplinary policies in place where persistent lateness would be regarded as a misconduct issue and thus could give rise to disciplinary action. There is a recent Employment Appeal Tribunal decision in Tijani v The House of Commons Commission that suggests persiste…
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Regulatory exemptions are often granted to small and medium-sized enterprises (SMEs), which the EU regards as being below 250 employees, but The Business Perception Survey Report 2021 highlighted that many medium-sized businesses (those between 50 and 249 employees) still identified that they spent…
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