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What is Labour's Stance on Employing Foreign Workers in the UK?

06 August 2024

From the information provided by the Office for National Statistics (ONS) for the year 2023, the total number of people coming to the UK was 1,218,000 of which 10% (126,000) were EU nationals and about 85% (1,031,000) came from outside the EU with the highest numbers coming from India, Nigeria and C…

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Health and Safety Duties Towards Seasonal and Temporary Workers

31 July 2024

The Health and Safety at Work Act 1974 imposes a statutory duty on employers to take reasonable and practicable steps to safeguard the health, safety and welfare of their staff. This duty of care extends towards visitors and contractors (non-employees) who are present on their site. Although these…

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Can Workplace Grievances Lead to Defamation?

10 July 2024

When workplace grievances escalate, they can sometimes lead to unexpected legal challenges – including defamation claims. A recent High Court case, Maria Joao de Azavedo Camacho v OCS Group, highlights the complex relationship between workplace disputes and defamation.

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Can Discriminations Claim be Brought Against End Users if they do not Employ a Worker?

03 July 2024

The Question In the recent case of Boohene and Ors v Royal Parks Ltd, was there a breach of section 41 of the Equality Act 2010 – which prohibits discrimination by a principal against contract workers? The Answer The issue of indirect discrimination was considered in Boohene and Ors v Royal Parks…

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Vicarious Responsibility for Employee Acts of Discrimination

14 June 2024

The Question Can an individual be liable for acts of discrimination against another employee? The Answer The Employment Appeal Tribunal considered this question in the case of Baldwin v Cleves School 2024. In this case the claimant brought claim under the Equality Act 2010 for disability discrimi…

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How to Handle a Sexual Harassment Investigation

13 June 2024

Handling sexual harassment complaints in the workplace requires sensitivity, thoroughness, and adherence to legal obligations. This article discusses the key elements of sexual harassment and outlines the best practices for employers to ensure fair and effective investigations.

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Are Your PPE Practices Putting Lives at Risk?

12 June 2024

A recent study has found that a substantial proportion of personal protective equipment (PPE) is not meeting safety standards. The research – carried out by the British Safety Industry Federation, concluded that ineffective and unsuitable PPE was putting lives at stake. What Laws Govern Personal Pr…

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What are the Risks of Dismissing Staff with Less Than 2 Years’ Service?

27 May 2024

Navigating employment law can be complex, especially when it comes to dismissing employees with less than 2 years’ service. While employers may assume they have free reign to terminate these contracts, the reality is far more nuanced. Understanding the legal landscape is crucial to avoid potential p…

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Government Plans to End ‘Sick Note Culture’ in the UK

23 May 2024

Data published by the NHS shows that 11 million fit notes were issued in 2023, with 94 per cent of these indicating that the recipients were not fit for work. A significant portion of these were repeat fit notes issued without further medical advice. These figures suggest that almost a third of work…

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Understanding the Duty of Care: Responsibilities for Landowners

22 May 2024

Did you know that as a landowner of business owner in the UK, you have a legal duty not just to those who are invited onto your property, but also to trespassers? It’s a surprising fact, but it’s one that carries significant implications for your responsibilities in maintaining safety and security.…

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Agency Worker and Suspension on Full Pay

22 May 2024

The Question Does an agency worker get full pay under rights given to an agency worker within Regulation 5 of the Agency Workers Regulations 2010 (‘AWR’), when assignments are stopped by the hiring organization pending investigation of matters to an incident that the agency worker was involved in? …

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Dissecting Volunteer Worker Status in Groom v Maritime Agency

16 May 2024

In a recent ruling, the Employment Appeal Tribunal (EAT) shook up the employment landscape by determining that a volunteer could – in fact, be classified as a worker. This groundbreaking decision challenges long standing assumptions and underscores the importance of getting to know the nuances of vo…

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Addressing the PPE Gender Gap to Ensure Women’s Safety at Work

16 May 2024

A recent survey by WES reveals a significant issue within the engineering industry: 60% of personal protective equipment (PPE) is unsuitable for women. This inadequacy compromises safety and underscores a broader issue of inequality in the workplace.

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Do Flexible Working Requests Extend to Those Suffering from Menopause?

09 May 2024

The Answer The Employment Tribunal in Johnson v Bronzeshield Lifting Ltd, upheld a constructive dismissal claim where a long service employee working as an administrator resigned after her employer refused her flexible working request, where the employee requested not to work on Friday and to have…

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First Aid: When to Review Your Policy?

09 May 2024

How often do you review your company’s first aid policies? Regularly updating these policies is vital to ensure they remain effective and compliant with current legislation, industry standards and workplace changes. Neglecting this task leads to outdated practices, increased risks and ineffective re…

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Resignation and Affirmation of Contract

07 May 2024

Following an alleged substantial and fundamental breach of contract by the employer, can the employee affected proceed to resign three months from the date of breach so as to claim constructive dismissal or would the employee’s delay amount to affirming the breach?   The Answer In the case of Dr P…

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Should Meal Allowance be Included in the Calculation of Statutory Holiday Pay?

02 May 2024

The Employment Appeal Tribunal recently considered this in the case of De Mello v British Airways. The decision they reached carries significant implications for employers regarding the inclusion of meal allowances in holiday pay calculations.

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New Employer Duties for Combatting Sexual Harassment in the Workplace

01 May 2024

As of 2023, employers face new legal obligations to prevent sexual harassment in the workplace. Understanding and implementing these duties is crucial, not only to comply with the law but also to foster a safe and respectful work environment.

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Navigating the Updated Landscape of Holiday Pay Calculations

24 April 2024

As of April 1st 2024, employers must now adhere to updated regulations governing holiday pay calculation. These changes mark a significant shift in how holiday entitlements are determined - particularly for employees with irregular working hours, or those who only work part-year. In the dynamic and…

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Does Whistleblowing Protection Apply to Job Applicants?

19 April 2024

The Answer The Employment Appeal Tribunal decision in the case of Sullivan v Isle of Wight Council 2024 appears to confirm that whistleblowing protection does not apply to an external job applicant, where Miss Sullivan (S) was unsuccessful in her two job applications to the Council and raised writt…

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