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In what instances does ‘some other substantial reason’ fit?

03 June 2021 | Eleanor Greenwell

There are 5 fair reasons for a dismissal which is covered under the Employment Rights Act 1996 under section 98. These are conduct, capability, redundancy, statutory illegality and ‘some other substantial reason’ (SOSR).

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Recovery of Overpayment of Wages

03 June 2021 | Shabir Karatella

Where an employee has received an overpayment of wages, expenses or other payments, the employer can recover these payments made in error by making deductions from his/her wages.

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Third Party Harassment – who is liable?

01 June 2021 | Eleanor Greenwell

Employee should not be subjected to any form of abuse or harassment; whether it is working with fellow colleagues or being in contact with a third party. For example when a person shouts to another violently and aggressively in a negative manner, hence creating an intimidating environment.

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Harassment – Reasonable Steps

27 May 2021 | Shabir Karatella

When considering whether an employer had acted reasonably in response to claims of harassment/discrimination, it is not sufficient for the employer to say that they provided training. It is necessary to look at the nature of the discrimination and harassment training issued to staff, whether it was…

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Claiming back dated statutory holiday pay limitation periods

25 May 2021 | Jatinder Tara

Under the provisions of the Working Time Regulations (WTR), all workers working 5 days or more a week are entitled to receive at least 28 days paid annual leave which is equivalent to 5.6 weeks of holiday per year including bank holidays where they arise. 28 days leave is on a pro rata for part-time…

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Employee with medical cannabis prescription

19 May 2021 | Raj Laxman

Some employers may come across an employee who has been legitimately prescribed cannabis-based medicines. However, for most employees the act of taking cannabis will be a breach of Misuse of Drugs Act 1971 under which it is registered as a class B substance.

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Employees travelling abroad

18 May 2021 | Eleanor Greenwell

The government has outlined new information about travelling abroad on summer holidays 2021.  The red, amber, green zones highlight strict guidelines everyone must follow. Failure to do so will result in hefty fines.

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Mental Health Awareness Month

18 May 2021 | Eleanor Greenwell

Mental Health Awareness month is May 2021.  As the strain of the covid pandemic has taken its toll many have suffered mentally. In order to combat poor mental health people are encouraged to talk to their fellow friends, family and work colleagues about how they have been keeping.

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What employers need to know about Covid vaccinations

17 May 2021 | Jatinder Tara

The Government’s vaccination programme is helping to lift lockdown restrictions.  At present the Government cannot force individuals to be covid vaccinated as The Public Health (Control of Disease) Act 1984 specifically protects members of the public from being compelled to undergo any mandatory med…

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Gender Pay Gap Reporting Requirements

13 May 2021 | Shabir Karatella

In December 2020, the government published new guidance for employers on their gender pay gap reporting requirements. Although the 2019/2020 reporting has been suspended due to COVID, the 2020/2021 period is still effective, and qualifying employers will have to publish their information by 4th Apri…

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Collective redundancy requirements

12 May 2021 | Jatinder Tara

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) governs when collective redundancy consultations arise in circumstances where an employer is proposing to dismiss on redundancy 20 or more employees at any one establishment in a 90-day period.

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Covert recording at work

07 May 2021 | Eleanor Greenwell

There may have been a time when an employee has made a covert recording at work as part of an ongoing ‘work relationship’ problem. Unaware of the recording, colleagues would have expressed a very frank view of the situation, but is this admissible in an employment tribunal?

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Repetitive Strain Injuries

06 May 2021 | Shabir Karatella

Employees may have spent a year working from home, with no immediate signs of a return to work, and minor but potentially long -term impact hazards can be ignored. One such hazard is Repetitive Strain Injury (RSI).

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A case for Interim Relief for discrimination claims

05 May 2021 | Raj Laxman

The Employment Appeals Tribunal made an important judgment in Steer v Stormsure in relation to the law of discrimination; the case may see the interim relief created as a remedy in future potential discrimination claims.

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Can an employer’s motive invalidate a redundancy situation?

04 May 2021 | Jatinder Tara

For redundancy to apply, the circumstances must fall within the meaning of section 139 Employment Rights Act 1996 (ERA) namely the employer has ceased, or intends to cease continuing the business, or the requirements for employees to perform work of a specific type or to conduct it at the location i…

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Employees and criminal records

29 April 2021 | Raj Laxman

Employers should be aware of new changes to the law which will have an impact on how you approach asking employees about their criminal records.

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The UK and EU Trade and Cooperation Agreement

26 April 2021

The UK and EU Trade and Cooperation Agreement will not in the short-term change employment rights in the United Kingdom but establishes the approach on how United Kingdom and the European Union will approach making any upcoming changes to the law.

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Employee resignation matter

21 April 2021 | Jatinder Tara

The advice-line frequently gets queries on resignations and although each case turns on its own facts, the general guidance below gives some clarity on matters.

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Minimum Wage (NMW) apply on a sleep-in shift

12 April 2021 | Jatinder Tara

If staff work a shift from home or are residential care workers and they are permitted to sleep whilst on their shift, the Supreme Court (SC) in the case of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad have held that these workers are only entitled to (NMW) for time spent...

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Supporting grieving employees

09 April 2021 | Eleanor Greenwell

With excessive deaths occurring since last year, the impact of losing a loved one is now more prominent. Employers are adjusting to the detrimental consequences of the Covid 19 pandemic, including providing grieving staff support when someone close has passed away.

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