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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...
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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...
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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...
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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...
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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...
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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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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...
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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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