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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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What knowledge does an employer need to have for an employee to pursue a disability discrimination claim?
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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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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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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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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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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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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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When considering direct and indirect discrimination issues in the workplace two latest legal precedents should be carefully considered by employers and HR practitioners.
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The Employment Appeal Tribunal on 2nd June 2021 made its judgement in F Mercer v Alternative Future Group Ltd. Its decision has effectively extended the protection available to striking employees.
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Furlough ends on 30th September 2021. Employers would have already thought ahead and have written to their furloughed staff with what happens next.
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Upon a successful recruitment process, an offer of employment and contract of employment is released to the nominated candidate.
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Prior to the case of G4S Cash Solutions v Powell 2016, case law had suggested that the duty to make reasonable adjustments now under section 20 Equality Act 2010 did not usually extend to pay related matters as the rationale was that adjustments were more related to the role or to provide another ro…
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12th September 2021 marks Disability Awareness Day – this day highlights what we can all do to support disabled people to live and work independently. Employers should be supportive and to make reasonable adjustments where necessary.
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Employers are required to check their employee’s immigration status and right to work. The verification of the documents must be recorded on the HR file. Employers are advised to consult with and follow the Home Office guidance to ensure they carry out the documents checks correctly.
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During the pandemic period, employees have been working from home and/or their normal work premises. Where they were working a combination of both, it is referred to as Hybrid Working.
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It is important to get the redundancy process right to avoid any unfair dismissal claims. Unfair dismissals claims are currently capped at a whopping £88,519. Whereas any discrimination claim based on the 9 protected characteristics is uncapped and therefore can be unlimited. That is a lot of money…
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We all knew that when Brexit had passed – 31st December 2020 – the employer had an additional job of checking that all their staff had the relevant right to work documents to continue to work in the UK after the deadline of 30th June 2021, or potentially face a penalty charge of £20,000 per employee…
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Prior to the case of Harpur Trust v Brazel & Union 2019, holidays calculations for those workers not on fixed hours could be based upon 12.07%. Each holiday year a person working 5 days or more gets 28 days holidays ie 5.6 weeks holiday (28 days divided by 5 days) under the Working Time Regulations…
Read moreOn Thursday 17th December 2020 the government announced the Coronavirus Job Retention Scheme (CJRS) has been extended until 30th April 2021.
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