Eligibility for SMP

Monday, 30 September 2019 | Eleanor Greenwell

The Equality Act 2010 protects employees from pregnancy and maternity discrimination from day 1.  An employer can face unlimited fines from an employment tribunal if an employee can demonstrate that they have been treated unfairly.

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A serious accident can cause a serious issue

Thursday, 26 September 2019

It is crucial that the use of equipment and handling of stock is managed correctly around the workplace as failure to do so could affect the business in a negative way. An example of where incidents could arise due to an incorrect process is racking.

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Can an opinion over Brexit or other beliefs be perceived as a "philosophical belief”?

Wednesday, 25 September 2019 | Jatinder Tara

Under s.10 of the Equality Act 2010 (the Act), “religious or philosophical belief “are protected characteristics and thus an employee cannot be treated unfairly in holding such believes otherwise the employee would have the following potential claims.

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Workplace Banter – ‘Just a bit of fun’?

Monday, 23 September 2019

Much can be gained in having a relaxed work place environment where employees can talk and express opinions freely to each other however with workplace banter there is a very fine line which can easily be crossed and turn banter into unlawful bullying and harassment even if the purpose was not to...

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Apprenticeship Frameworks

Wednesday, 18 September 2019 | Eleanor Greenwell

For decades apprentice schemes have proved useful to both the employer and the employee.  There are many advantages to an apprenticeship scheme as it allows the individual to learn on the job whilst gaining a recognised qualification.

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Is 3D Printing Safe?

Monday, 16 September 2019

The rise of 3D printing has seen these devices becoming more accessible nowadays making things that were previously difficult to produce in a short space of time with decent accuracy now possible in a much quicker and often cheaper manner which is great for business and consumers alike, although a...

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Calculating holiday entitlement when leaving a job

Thursday, 12 September 2019 | Jatinder Tara

In the absence of a relevant agreement, payment in lieu of unused statutory holidays on the termination of a worker's employment must be calculated according to the formula laid down by the Working Time Regulations (WTR)

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Can social media damage an organisations reputation?

Wednesday, 11 September 2019

Social media plays a significant role when it comes to making or breaking your organisations reputation. With the increasing use of social media in both our business and personal lives, it is more important than ever for companies to protect their reputations.

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Our tips on how to avoid an employment tribunal

Wednesday, 4 September 2019

Most claims stem from a Company misunderstanding or otherwise not being fully aware of employment legislation, such as the Working Time Regulations (1998) & The Working Time (Amendment) Regulations 2007, The Employment Rights Act 1996 and The Equality Act 2010. In addition to employment law,...

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If an employee is employed illegally, can they bring claims following dismissal?

Friday, 30 August 2019 | Kavita Parmar

The legal starting point is that an individual should not be allowed to profit from their unlawful activity and in the employment context, this means that under normal circumstances illegal workers cannot claim protection from unfair dismissal and or assert any contractual rights where the...

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Can the cost of an employment tribunal damage your business?

Wednesday, 28 August 2019

If an employer loses an employment tribunal the payout can be a large amount and have a significant impact on the business. The compensation paid to the claimant can run into millions of pounds and there is no cap or limit.

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Understanding discrimination by association and perception

Friday, 23 August 2019

You don't have to have a protected characteristic to be directly discriminated against for it. Two forms of discrimination deal with this: discrimination by association (or associative discrimination); and discrimination by perception (perceptive discrimination).

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Is it unlawful to make a woman redundant during maternity / adoption leave?

Tuesday, 20 August 2019 | Jatinder Tara

Following consultation carried out by the Department for Business, Energy and Industrial Strategy, the Government has recently published plans to extend redundancy protection to pregnant women and employees returning from maternity and adoption leave.

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Understanding a fit note

Tuesday, 13 August 2019 | Eleanor Greenwell

A fit note is a statement of fitness for work.  It is given by a GP or hospital doctor stating that the employee is unfit for work or if temporary workplace adjustments are needed.

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A 5-step guide to employee management

Wednesday, 31 July 2019

One of the most common reasons for employees leaving their jobs is due to poor management from their employers. The working relationship between an employee and an employer plays a big part in an employee’s performance and disputes between both can have a significant impact on the business.

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Enforceability of restrictive covenants

Tuesday, 30 July 2019 | Shabir Karatella

Employers are entitled to protect their business needs and proprietary interests. Many employers will include post-termination restrictions in their employment contracts which attempt to prevent employees from entering direct competition with the employer, poaching clients and enticing employees....

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Dress code and appearance in the workplace - is there a need?

Friday, 26 July 2019 | Jatinder Tara

The Government Equalities Office booklet “Dress codes and sex discrimination –what you need to know” May 2018, provides guidance on dress codes.  It confirms dress codes can be legitimately enforced by employers, but any less favourable treatment because of sex could amount to direct sex...

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How far back can an employee claim non-payment of full holiday pay?

Thursday, 25 July 2019 | Jatinder Tara

A full-time employee is entitled to a minimum of 28 days statutory holidays (that includes any bank holidays that may arise within the holiday year). The first 20 days of the holiday entitlement comes from EU provisions and the remaining 8 days arises from UK statutory provisions.

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What are the statutory sick pay (SSP) guidelines?

Friday, 12 July 2019 | Eleanor Greenwell

Statutory sick pay is a universal payment all employers must pay should their employees be signed off from work due to sickness.  Some companies offer contractual sick pay – i.e. full pay for a period however more companies rely on government SSP guidelines.

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Employees working under the influence of alcohol and drugs

Thursday, 4 July 2019 | Jatinder Tara

Employers have a duty of care under the Health and Safety at Work etc Act 1974 to provide, as far as is reasonably practicable, a safe place of work and safe systems of work for their staff. If an employer knowingly allows a member of staff under the influence of alcohol or drugs into the workplace...

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