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Does sexual harassment only have to take place in the course of employment for an employer to be liable for their employee’s inappropriate behaviour? From 26 October 2024, a new statutory duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023(1) came into effect, whereby employe…
Read moreThe Health and Safety Executive recently published statistics which indicate that falls from heights were the most common work-related accident leading to fatalities. During 2023/2024, 50 deaths were directly attributable to falls from height. Falls can occur roofs, ladders, scaffolding and other mo…
Read moreCan employers rely on blanket non-disclosure clauses to prevent an employee disclosing serious wrongdoings? Under reforms to be introduced by the Employment Rights Bill (ERB), any agreement, including settlement agreements, between an employer and a worker which would prevent a worker…
Read moreA recent Employment Tribunal case serves as a reminder that seemingly minor workplace issues in isolation can add up to significant legal risks if they undermine the trust between employer and employee. In Mr N Walker v Robsons (Rickmansworth) Ltd, the Tribunal upheld a claim of constructive unfair…
Read moreUnder regulation 3(3)(a)(i) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), for TUPE to apply to a service provision change, there must be an organised grouping of staff existing prior to the change whose principal purpose is to carry out activities on behalf of t…
Read moreThe Health and Safety at Work Act 1974 and various Regulations made under it require employers to safeguard the health, safety, and wellbeing of their staff. Historically, the legislation and people’s general perception was that these duties applied to their physical safety. However, with education,…
Read moreEmployers should be mindful of harassment in the workplace. This can occur when an employee or worker is exposed to unwanted conduct by fellow employees or workers. The purpose of such action is to violate their dignity and create a degrading, hostile, intimidating, and offensive environment. The Em…
Read moreEmployers should be aware of the risk of damages due to disability discrimination. The Employment Appeal Tribunal has awarded a former employee £1.2 million in damages in the case Wainwright v Cennox Plc. The action was based on discrimination and constructive dismissal. The Employment Appeal Tribu…
Read moreHow thorough should a sexual harassment investigation be when an allegation of sexual harassment is made by an employee against another employee? Employers can be vicariously liable for sexual harassment committed by their employees in the course of their employment, and from 26 October 2024 all em…
Read moreA recent Court of Appeal case ruled that an employee was unlawfully discriminated against on the grounds of her race, after the employer transferred her to another job and subjected her to baseless disciplinary action – Leicester City Council v Parmar. Mrs Parmar (P), of Indian origin, worked for t…
Read moreIn the case of BCA Logistics Ltd v Parker & Ors, the Employment Tribunal and the Employment Appeal Tribunal both held that drivers in a company with no legitimate right of substitution were not self-employed but classed as workers. In this case, both the Employment Tribunal and the Employment Ap…
Read moreChanges to Flexible Working Rights The Employment Rights Act 1996 allows employees to make an application for flexible working. A flexible working request is a request by an employee to change their contractual hours of employment or place of work. From 6 April 2024, all employees have had the sta…
Read moreThe Control of Substances Hazardous to Health Regulations 2002 (COSHH) are designed to protect employees from risks associated with hazardous substances in the workplace. These can include chemicals, fumes, dusts, vapours, and biological agents. Under COSHH, employers have a legal duty to control t…
Read moreIs the Government Making Changes to Statutory Sick Pay from April 2026? At present, to claim SSP, an employee must earn, on average, at least £125 per week (the lower earnings limit) and be off sick for at least four consecutive days (including non-working days). This is known as a ‘period of incap…
Read moreAll employers are under a statutory obligation to carry out right to work checks on ALL employees they recruit. Failure to carry out any, adequate or negligent checks can lead to a fine of up to £45,000 per employee for a first breach and £60,000 for repeated breaches. However, a defence or “statuto…
Read moreIn the case of Stedman v Haven Leisure Ltd [2025] EAT 82, the Employment Appeals Tribunal has given important directions in relation to a disability having an adverse effect on an employee. The ruling by the Employment Tribunal in this case was the employee was not disabled. The employee had been d…
Read moreUnder the Equality Act 2010, employers are expected to investigate and make reasonable adjustments to accommodate employees with disabilities. However, a recent case highlighted that where there are genuine operational and safety concerns, an employer is not guilty of disability discrimination where…
Read moreIs there an obligation for an employer to make reasonable adjustments where the adjustment may not remove the disadvantage faced by a disabled employee? An employer’s obligation to make reasonable adjustments to support a disabled employee is set out in Section 20 of the Equality Act 2010. Section…
Read moreThe summer season has brought an expected heatwave, and employers are reminded to keep in mind the health, safety and welfare of their staff.
Read moreIn its 50th year, the Health and Safety Executive (HSE) published an update on total fines issued so far in 2025. During the first three months of the year, fines were consistent with previous years, ranging from £400,000 in January, £1.3 million in February (one major fine of £1 million made up the…
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