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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…
Read moreData 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…
Read moreDid 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.…
Read moreThe 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? …
Read moreIn 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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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.
Read moreThe 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…
Read moreHow 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 Neglecting this task leads to outdated practices, increased risks and ineffective re…
Read moreFollowing 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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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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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.
Read moreAs 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…
Read moreThe 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…
Read moreThe recent Information Commissioner’s Office decision against Serco will require employers to review their company policy on the use of facial recognition technology and fingerprint scanning to check employees’ presence in the workplace. The ICO ordered Serco to stop all biometric processing for mo…
Read moreWhere an employee raises concerns to an employer over staff bullying and harassment by another employee, can that employee rely upon whistleblowing protection if the employer terminates the employee’s employment, and that dismissal could be linked to the employee reporting bullying and harassment or…
Read moreThere have been numerous EL cases relating to whether an employer can vary the terms and conditions of employment for their employees. Now, there’s another recent decision on the matter in the case of Humby v Barts Health NHS Trust 2024 – and it’s one in which the Hogg principle plays a crucial role…
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In the recent case of Richardson v West Midlands Trains, the ET dealt with the subject of dismissal for pranks and banter at work, awarding £40,000 damages for unfair dismissal.
Read moreIn December 2023, The Home Secretary’s announced his 'five-point plan' to bring down net legal migration. Part of the plan is targeted at skilled workers such as care workers and dependants. So, how exactly will this be achieved by the Home Office? The Answer The government introduced a new rule o…
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In the case of Abbas v ISS Facility Services, the EAT found a failure to provide adequate toilet facilities for females compared to males amounted to direct sex discrimination.
Read moreDid an employer make reasonable adjustments when they dismissed an employee instead of offering an alternative role on trial? The Answer No - as ruled the Employment Appeal Tribunal in the case of Miller and Rentokil. The claimant worked as a field-based pest controller. After developing Multiple…
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