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Disability discrimination – case law update

23 December 2021 | Jatinder Tara

Do Paranoid delusions amount to disability under the Equality Act 2010 (EA)? - The Court of Appeal decision in the case of Stephen Sullivan v Bury Street Capital Limited 2021 would seem to suggest no.

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Unfairly dismissed when stuck abroad during lockdown

17 December 2021 | Jatinder Tara

Cases linked to last year’s lockdown restrictions are now beginning to surface before the Employment Tribunal (ET) and there has been a recent (ET) decision in the case of Montanaro v Lansafe Ltd 2021(1) that on its facts concluded that the employee was unfairly dismissed when he remained in Italy w…

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Changes to Statutory Payment rates April 2022 - 2023

16 December 2021 | Jatinder Tara

On 26th November 2021, the Department for Work and Pensions produced their Policy Paper on proposed changes to pension and statutory payment rates for 2022 to 2023 (1).

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Company Christmas parties and misconduct issues

08 December 2021 | Eleanor Greenwell

As we all try to resume back to some normality after the pandemic, many businesses may now be thinking about bringing some cheer to the workplace by either hosting a Christmas party onsite or arranging a gathering at a restaurant.

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Consultation on carers leave for employees

07 December 2021

Employers and HR practitioner should be aware of the Government consultation in 2020 about carers leave for employees with long term caring commitments. The Government have now published its response to the consultation.

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National Minimum Wage and expenses deductions

02 December 2021 | Jatinder Tara

Under provisions within the National Minimum Wage Regulations 2015 employees and workers are entitled to be paid basic minimum salary which as from 1st April 2021.

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The importance of a fair investigation

26 November 2021 | Eleanor Greenwell

A fair investigation process is imperative to avoid a costly unfair dismissal claim. In the case of Smith v Teleperformance Limited, Smith made an unfair dismissal claim and was awarded £6000 (unfair dismissal and unpaid notice pay).

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Staff Treatment in a Protected Disclosure Issue

23 November 2021 | Eleanor Greenwell

In the case of Kong v Gulf International Bank (UK) Ltd (2021), the tribunal stressed the importance of following a fair impartial process when investigating an employee’s complaints to avoid costly claims.

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Mandatory Care Home COVID-19 Vaccinations

18 November 2021

In July 2021 the government announced a new piece of legislation called The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. Although this was not an employment law piece of legislation but under health and social care, it required all workers within…

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Celebrate the Queen’s Platinum Jubilee in 2022 with an extra Bank Holiday

15 November 2021

Her Majesty the Queen’s 70th anniversary as monarch will be celebrated with a 4-day weekend of national celebrations. The extra bank holiday will be allocated on Friday the 3 June 2022. This will be achieved by moving the second May bank holiday to Thursday the 2 June 2022.

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The basics of health and safety for your business

11 November 2021 | Shabir Karatella

All employers are under a duty to comply with health and safety laws, to ensure the safety of their staff, visitors and contractors on site. The following factors need to be taken into consideration.

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The rise of pregnancy discrimination claims

04 November 2021 | Eleanor Greenwell

The importance of demonstrating a sound flexible working outcome is fundamental to avoiding costly discrimination claims. In the case of Alice Thompson v Manor Estates (2021), Thompson was awarded £185,000 in a sex discrimination case because her employer refused to let her leave work at 5pm to pick…

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Covid19 vaccine in the workplace

29 October 2021 | Raj Laxman

Employers seeking to enforce compulsory vaccination policy need to be very cautious as the matter has yet to be determined by the Employment Tribunals on the grounds of legality. Such a policy can be deemed intrusive and could result in a claim against the employer on the grounds of constructive dis…

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Employee disability discrimination claim

22 October 2021 | Jatinder Tara

What knowledge does an employer need to have for an employee to pursue a disability discrimination claim?

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Are zero hour workers entitled to full pay whilst suspended from work?

20 October 2021 | Jatinder Tara

In the case of Agbeze v Barnet Enfield and Haringey Mental Health NHS Trust, Mr Agbeze (A) was on a zero-hours contract and under the terms of this contract there was no obligation on the Employer to provide work and no obligation on (A) to accept any work offered to him.

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International Stress Awareness Week 1 – 5th November 2021

19 October 2021 | Eleanor Greenwell

Mental health is of great importance as it keeps us all physically well. Having an absent employee (poorly managed) is emotionally draining for the person. It is the duty of the employer to provide welfare support to aid a healthy recovery.

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Worker carrying out minimum work

14 October 2021 | Jatinder Tara

Where there is no business to business relationship in place between the parties, and (2) from the above does not apply, and the set up between the contractor and the person is a casual arrangement with no obligation to offer work, but where work is offered, but there is no obligation to accept the…

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Can occasional work fall within the framework of employment law?

12 October 2021 | Jatinder Tara

There has been an interesting case over whether professional football referees have employment status when simply providing their services as a single assignment in circumstances where those instructing them do not have overall control of their activities.

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World Menopause Day 18th October 2021

05 October 2021

18th October is World Menopause Day.  This condition may affect most women at some stage of their latter life.  As menopausal women make up a huge number of the workforce, it is beneficial for employers to understand the condition and effects that it will have within the workplace.

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VENTILATION IN THE WORKPLACE

01 October 2021 | Shabir Karatella

As more and more businesses reopen and staff begin to return to work, employers need to ensure that their premises are and remain safe. Scientists have identified that ventilation in the workplace can play a leading role in spreading COVID-19. It is therefore important that employers’ pay particular…

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