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TUPE – CHANGES IN TERMS AND CONDITIONS

08 April 2022 | Jatinder Tara

Mr Lewis worked at the Combined Heat and Power Plant in Wales as one of ten operations technicians. He started his employment in June 1999. Originally, he was employed by Npower. Dow Silicones bought the plant in 2013 and the staff were outsourced to Engie Renewals Ltd, who became Mr Lewis’s employe…

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Limited companies and directors liability

04 April 2022 | Raj Laxman

A limited company has its own legal personality. It is distinct from its members and directors. A limited company therefore acts as a shield which protects its members and directors from many liabilities, but such protection is not absolute.

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Musculoskeletal disorders at work

30 March 2022 | Shabir Karatella

Employers are under a statutory duty to protect the health, safety, and welfare of staff at work. One such duty extends to protecting staff against musculoskeletal disorders being caused or made worse by work. They range from minor temporary aches and pains to long-term bodily conditions affecting m…

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Can employers with hold tips from workers?

24 March 2022 | Jatinder Tara

Back in 2015, businesses in the hospitality industry in particular restaurants were accused of keeping tips paid by customers via their debit /credit card to workers or charging customers up to 10% on the final bill for service charge payments but not passing those payments on to the worker as being…

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Part 2 of the Commercial Rent (Coronavirus) Act 2022

23 March 2022 | Raj Laxman

Commercial landlords and tenant should take note of new the Commercial Rent (Coronavirus) Act 2022 which is expected to become law by 25 March 2022. Part 2 of the Act will cover the situation if a landlord or tenant would like to refer a protected debt to the new arbitration scheme.

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Recognising MS Awareness Week 18th – 24th April 2022

18 March 2022 | Eleanor Greenwell

#LetsTalkMS. This year MS Awareness week will take place starting 18th April 2022. The purpose is to promote and to raise awareness about Multiple Sclerosis (MS). Employers should consider promoting MS Awareness through their own internal team meetings and/or memos/literature.

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Whistleblowing Dismissals

15 March 2022

Ms Kong (K) was employed as Head of Financial Audit of the Gulf International Bank (UK). She raised certain concerns which were classed as “protected disclosures”, in particular that a legal agreement relating to a new investment product being offered to investors was not suitable.

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Can an employee / worker bring a back dated claim for unpaid holidays?

11 March 2022 | Jatinder Tara

Claims for holiday pay come under Working Time Regulations (WTR) and/or under the unlawful deduction of wages provisions within the Employment Rights Act 1996 (ERA). Regulation 30 of the (WTR) requires that a claim must be brought within 3 months of the date when the alleged right would have been pe…

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Age discrimination and young workers

08 March 2022 | Eleanor Greenwell

In the case of Cassidy v the Daimler Foundation (2021), a teenager successfully won a direct age discrimination case. Cassidy was 14 years old (in December 2019) when she secured a waitressing job at the Daimter Foundation and was dismissed after working 2 Saturdays as she was considered ‘too young’…

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Key decision in relation to collective bargaining

04 March 2022 | Raj Laxman

The Supreme Court made an important key decision in the case of Kostal UK Ltd vs Dunkley and others. It decided that that employer must not make a direct approach to employees before collective bargaining procedure has been completed.

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National No Smoking Day

02 March 2022 | Raj Laxman

No Smoking Day in the United Kingdom will fall on Wednesday March 9th, 2022. Its purpose is to make you aware about the negative effect on your health from smoking and the benefits of stopping the addiction to nicotine. The message is clear it is never too late to quit smoking.

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Fire Safety

01 March 2022 | Shabir Karatella

In March 2016, there was a fire at a BUPA Care Home in London. A 69yr old wheelchair bound resident died in the fire, whilst smoking in a designated shelter. The victim was prescribed and had applied a paraffin-based cream to his body.

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Living with Covid 19 – new government guidance

24 February 2022 | Eleanor Greenwell

In recent news, the Government comments that though the virus will not completely eradicate, many have now been vaccinated and with covid positive numbers decreasing, the rules, once more, will be changing.

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What is an umbrella company?

22 February 2022 | Shabir Karatella

Umbrella companies are a  method to support an ever-changing labour market, where labour trends can be met more flexibly and with less rigidity. However, they are relatively unknown, and this article aims to highlight some of its features.

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Pranks in the workplace

21 February 2022 | Raj Laxman

The Court of Appeal for England and Wales has decided that an employer, in the case of Chell v Tarmac Cement and Lime Ltd cannot be held vicariously liable when an employee’s practical joke in the workplace causes an injury to another person.

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Tinnitus Week 2022

08 February 2022 | Shabir Karatella

It is a term used to describe the sensation of hearing a sound in the absence of any external source. It is an involuntary act of hearing a sound. People experience different symptoms, but most commonly they include a ringing in the ears, humming sound or buzzing in the ear.

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Courier found to be a worker and protected under employment legislation

07 February 2022

The Court of Appeal has decided that a courier’s status was that of a worker in the case of Stuart Delivery Ltd v Augustine. The courier was contracted with the company to offer a time slot to cover for other couriers and was obliged to perform this service personally.

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The importance of Occupational Health

04 February 2022 | Eleanor Greenwell

For many businesses, the purpose of making contact with ‘occupational health (OH)’ is to establish if an employee is well enough to resume work. OH physicians consults with the employee about their health (physical/mentally) to determine if the employee is able to resume work as normal or if reasona…

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Recognising LGBTQ+ History Month (February) within the workplace

01 February 2022 | Eleanor Greenwell

February marks LGBTQ+ history month. The term LGBTQ+ means lesbian, gay, bisexual, transgender, and queer. LGBTQ+ history month began in the UK in February 2005 when section 28 (which prohibits homosexuality) of the Employment Equality (sexual orientation) regulation 2003 was abolished.

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Can an employer cancel annual leave due to staff shortages?

24 January 2022 | Raj Laxman

With the ongoing Covid crisis many employers will face the real possibility of staff shortages as employees isolate to recover from Covid.

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