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HR & Health and Safety News
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...
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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...
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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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Employers have a duty of care to employees in relation to Health and Safety. This duty extends to both the employee’s physical and mental welfare. With the current cost of living crisis, employers can support their employees during these tough economic times.
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It has been ruled by an Employment Tribunal in the case of Casamitjana Costa v The League Against Cruel Sports that under the Equality Act 2010 ethical veganism could amount to a philosophical belief.
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The Personal Protection Equipment at Work Regulations 1992, sometimes referred to as PPER 92) were amended in April 2022, so now the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER) is in force.
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The construction industry faces inherent health and safety issues which are obvious. But what is not so clear is that mental health issues are on the increase. With the onset of COVID-19 restrictions, and the later return to normality, building firms and employees have been put under pressure to...
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In the case of Mr Parbhjot Singh v Metroline West Limited, Mr Singh (S) had been invited to a disciplinary hearing and (S) alleged that his operations manager “displayed aggressive body language, by throwing his hands in the air, pointing his fingers at his ……. face and standing with his arms...
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Occasionally an employer may find themselves involved in a dispute with an employee and they may feel the only way out is to exit the employee from the company due to a loss of trust and confidence.
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With any disciplinary /grievance matter, employers must follow fair and reasonable procedures that are in line with the provisions of the Acas Code of Practice on disciplinary and grievance procedures.
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Ms Mellor (M) was employed as a teacher at the Academy. During her previous pregnancy, she had been allocated a room to express milk/breastfeed but was told this was “not an option” following the birth of her second child.
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Gross domestic product (GDP) is a measure of the size and health of the UK economy measured over a period this can be one quarter to one year. Where there is a drop in the GDP % rate that can impact on unemployment as that increases. This connection is usually referred to as Okun's law.
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Due to the conflict in Ukraine the Home Office has set up visa schemes to provide support for Ukrainian nationals and their families. Those who are granted a visa under these schemes can work, rent a home, and access public services, such as education and medical treatment.
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The increase of the national minimum wage and national living wage (NLW) in April 2022. The government also named and shamed 208 employers in December 2021 who failed to pay the National Minimum Wage.
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A major decision has been made by the High Court in the case of Farrer & Co LLP v Meyer 2022. The High Court decided that the section 1140 of the Companies Act 2006 allows legal proceedings to be served on a director at the registered office registered at Companies House.
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A commercial landlord of domestic properties and the sole director has been found guilty of breaching safety laws protecting tenants.
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The above was addressed by the Court of Appeal in the case of Brake v Guy 2022 where a partnership business providing luxury breaks and events on the Axnoller estate closed resulting in bankruptcy for the partners with the Axnoller estate being sold...
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The Agency Workers Regulations 2010 (AWR) provide for the right to be notified of and be given details about internal vacancies only – so ruled the Court of Appeal (CA).
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