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Our tips on how to avoid an employment tribunal

Wednesday, 4 September 2019

Most claims stem from a Company misunderstanding or otherwise not being fully aware of employment legislation, such as the Working Time Regulations (1998) & The Working Time (Amendment) Regulations 2007, The Employment Rights Act 1996 and The Equality Act 2010. In addition to employment law,...

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If an employee is employed illegally, can they bring claims following dismissal?

Friday, 30 August 2019 | Kavita Parmar

The legal starting point is that an individual should not be allowed to profit from their unlawful activity and in the employment context, this means that under normal circumstances illegal workers cannot claim protection from unfair dismissal and or assert any contractual rights where the...

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Can the cost of an employment tribunal damage your business?

Wednesday, 28 August 2019

If an employer loses an employment tribunal the payout can be a large amount and have a significant impact on the business. The compensation paid to the claimant can run into millions of pounds and there is no cap or limit.

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Understanding discrimination by association and perception

Friday, 23 August 2019

You don't have to have a protected characteristic to be directly discriminated against for it. Two forms of discrimination deal with this: discrimination by association (or associative discrimination); and discrimination by perception (perceptive discrimination).

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Is it unlawful to make a woman redundant during maternity / adoption leave?

Tuesday, 20 August 2019 | Jatinder Tara

Following consultation carried out by the Department for Business, Energy and Industrial Strategy, the Government has recently published plans to extend redundancy protection to pregnant women and employees returning from maternity and adoption leave.

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Understanding a fit note

Tuesday, 13 August 2019 | Eleanor Greenwell

A fit note is a statement of fitness for work.  It is given by a GP or hospital doctor stating that the employee is unfit for work or if temporary workplace adjustments are needed.

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A 5-step guide to employee management

Wednesday, 31 July 2019

One of the most common reasons for employees leaving their jobs is due to poor management from their employers. The working relationship between an employee and an employer plays a big part in an employee’s performance and disputes between both can have a significant impact on the business.

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Enforceability of restrictive covenants

Tuesday, 30 July 2019 | Shabir Karatella

Employers are entitled to protect their business needs and proprietary interests. Many employers will include post-termination restrictions in their employment contracts which attempt to prevent employees from entering direct competition with the employer, poaching clients and enticing employees....

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Dress code and appearance in the workplace - is there a need?

Friday, 26 July 2019 | Jatinder Tara

The Government Equalities Office booklet “Dress codes and sex discrimination –what you need to know” May 2018, provides guidance on dress codes.  It confirms dress codes can be legitimately enforced by employers, but any less favourable treatment because of sex could amount to direct sex...

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How far back can an employee claim non-payment of full holiday pay?

Thursday, 25 July 2019 | Jatinder Tara

A full-time employee is entitled to a minimum of 28 days statutory holidays (that includes any bank holidays that may arise within the holiday year). The first 20 days of the holiday entitlement comes from EU provisions and the remaining 8 days arises from UK statutory provisions.

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What are the statutory sick pay (SSP) guidelines?

Friday, 12 July 2019 | Eleanor Greenwell

Statutory sick pay is a universal payment all employers must pay should their employees be signed off from work due to sickness.  Some companies offer contractual sick pay – i.e. full pay for a period however more companies rely on government SSP guidelines.

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Employees working under the influence of alcohol and drugs

Thursday, 4 July 2019 | Jatinder Tara

Employers have a duty of care under the Health and Safety at Work etc Act 1974 to provide, as far as is reasonably practicable, a safe place of work and safe systems of work for their staff. If an employer knowingly allows a member of staff under the influence of alcohol or drugs into the workplace...

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The effects of summer in the workplace

Thursday, 27 June 2019

Summertime is here (for now), although pleasant to have a break from the rain and cold we know and love in the UK, it’s important to remember the heat can be dangerous; particularly for vulnerable people such as children, the elderly and those with medical conditions affected by it.

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When can you justify discrimination?

Wednesday, 12 June 2019

The Equality Act 2010 protects your employees from discrimination in the workplace.  The act covers 8 protected characteristics; Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Race, Religion or Belief, Sex and Sexual Orientation.

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Employment status - gig economy where does it all end?

Monday, 4 February 2019 | Jatinder Tara

The gig economy gave rise to two important decisions last year over the employment status of self-employed individuals. In June 2018, the Supreme Court held that a plumber engaged by Pimlico Plumbers under a written agreement which stated the company was not obliged to offer work and he was not...

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Fundamental shake up of employment rights to be introduced

Wednesday, 19 December 2018

Greg Clarke ,The Secretary of State for Business, Energy and Industrial Strategy, on 17th December 2018 delivered a statement to Parliament over a set of measures to change and reform employment rights under the “good work plan” (the plan) which sets out the Government’s future vision for the UK...

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Do you Know the 7 Points to Consider for a Work Christmas Party?

Thursday, 14 December 2017

Guidance for employers at a work Christmas party. As the festive spirit kicks in at this time of the year, employers may wish to share some rules with their employees to avoid any legal implications from a work Christmas party.

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Holiday Pay

Monday, 4 December 2017

A recent ruling by the Court of Justice of the European Union (CJEU) looks set to have huge financial ramifications for UK businesses with regards to holiday pay.

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Workplace Investigations - Disciplinary and Grievance

Thursday, 23 November 2017

Comprehensive employee workplace investigations are an effective risk management tool and are potentially critical to any defence by an employer in the event of potentially litigious proceedings.

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Employment Status and Statutory Rights

Thursday, 16 November 2017

Employment status has a big effect on companies especially when it comes to statutory rights. Considering the gig economy, which is growing rapidly, two companies have dominated the news in recent weeks for this reason

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