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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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If you are an employer who employs international students as part of your staff team you should beware of the new Graduate Visa route available to them from the 1 July.
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Generally, any post-termination restrictive covenant that attempts to stop or restrict any employee from seeking employment elsewhere, is prima facie unenforceable unless proved to be fair, reasonable and necessary. This case highlights the problems associated with short service and short notice pro…
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Ms Flatman worked as a Learning Support Assistant in a school. From September 2017, her duties included looking after a disabled pupil, which involved lifting the child on a daily and regular basis. She repeatedly requested manual handling training.
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The importance of a social media policy should never be underestimated by an employer. The employer is responsible under a duty of care to all their employees, and they can be held vicariously liable where employees are victimised and discriminated inside the working environment and potentially o…
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When can a working mother allege indirect discrimination over an employer’s provision, criteria or practice that impacts her childcare obligations? Indirect Discrimination Indirect discrimination in the context of the above question, arises when an organisation has a particular policy linked to a…
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In the case of Maya Forstater v CGD Europe, it was concluded that any person holding gender critical beliefs, such as sex being binary and immutable, is to be protected under section 10 of the Equality Act 2010 – as a philosophical belief.
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Whilst an employee is on maternity leave, she is entitled to the benefits of her terms and conditions of employment (section 71 Employment Rights Act 1996) other than remuneration (section 71(5) Employment Rights Act 1996).
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The European Court of Justice (ECJ) has given its decision in two recent cases in relation to the issues of ‘stand by’ and ‘on call,’ which may be used as guidance by the UK Employment Tribunals on how to interpret the Working Time Directive.
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