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Paul Burton
 

Are part-year workers entitled to holiday pay?

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The Supreme Court ruled that workers who are only employed for part of a year, but who have a contract which lasts a full year, are entitled to the full 5.6 weeks of statutory holiday. Paul Burton discusses this ruling.

Maya Forstater was discriminated against, according to final tribunal ruling

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On 6th July 2022, the long running case of Forstater v CGD Europe came to an end when Maya Forstater successfully won her discrimination case, as the employment tribunal ruled that she was discriminated against for her gender-critical beliefs.

In this article, Employment Partner Paul Burton breaks down the case; outlining what happened and what the ruling means for employers going forward.

An Insolvency Practitioner's guide to complying with TUPE

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In this article, Employment Partner Paul Burton outlines how Insolvency Practitioners can comply with TUPE, and looks at why it's important.

This article is lifted from Paul's presentation at our first annual insolvency conference.

Employee refusing to return to work during pandemic fairly dismissed

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Paul discusses the outcome of a recent case where an employee was ruled to be dismissed fairly after refusing to work during the pandemic.

Ban on exclusivity clauses in employment set to be extended

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The Government have announced that the ban on exclusivity clauses in employment contracts is set to be widened.

In this article, Employment Partner Paul Burton looks at whether this extension will actually come into force, and discusses the impact it will have it does.

The importance of having a well drafted non-compete clause

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In this article, Employment Partner Paul Burton takes a look of this decision and discusses the importance of having a well drafted non-compete clause/restrictive covenant.

What is a detriment in a victimisation claim?

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The EAT recently cleared up what a detriment is in a victimisation claim.

Paul Burton discusses the implications of this definition for employers and looks at how they can deal with and mitigate such claims.

COVID restrictions relaxed and the impact on the workplace

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The latest COVID guidance was released recently, which states changes to self-isolation & testing rules.

Employment Partner Paul Burton outlines the latest guidance and discusses the implications for employers.

Care home worker fairly dismissed for refusing vaccination

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Paul Burton looks at a recent case where a care worker was fairly dismissed for vaccine refusal, prior to the mandatory vaccination legislation. Paul discusses the implications of this case in Employment Law.

Taxi driver 'not a worker'

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Employment Partner Paul Burton looks at a recent case, where a Taxi driver’s status as a ‘worker’ was disputed.

Paul discusses the facts of the case and the wider implications in Employment Law.

Dismissal for raising lots of grievances fair

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The Employment Appeal Tribunal (EAT) has upheld an employment tribunal’s decision that a dismissal was fair when an employee raised a lot of grievances that he refused to progress. Paul discusses.

Ikea cut pay of unvaccinated staff self-isolating

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News emerged this week that Ikea has cut the sick pay of unvaccinated staff who are forced to self-isolate. Employment Solicitor Paul Burton takes a look at the story and discusses the ramifications for employers and employees.

Emergency legislation to increase self-certification period for sickness

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There has been a temporary change to the period of time which employees can be on sick leave without a doctor's note. Employers will need to be aware of the new period of time for self certification.

Moped courier a 'worker' and not self-employed despite limited substitution

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Paul Burton looks at a case where the definition of a worker was disputed. The Court of Appeal upheld an employment tribunal’s decision that a moped courier was a worker, and not self-employed, despite there being a right of substitution.

Is it discrimination if an employer only found out about a disability after dismissal?

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In a recent case, a dismissed employee claimed disability discrimination.

Paul looks at this case, discussing whether the employer was discriminatory, despite having no knowledge of the disability at the time.

Chancellor announces rise in the National Living Wage

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In today’s budget, Chancellor Rishi Sunak announced a rise in the National Living Wage. Employment Partner Paul Burton outlines the new rates in this article.

Not receiving paid breaks lawful for part-time workers

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In this article, Employment Partner Paul Burton looks at a recent case where a part-time employer claimed less favourable treatment due to not receiving paid breaks. Paul discusses the implications of the EAT's decision for employers.

Is protecting pay of a disabled employee a reasonable adjustment?

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Is protecting pay of a disabled employee a reasonable adjustment? Paul Burton looks at a recent case where it was found that it was not reasonable for an employer to continue to pay teacher's rates to an employee after she'd switched roles and had completed a period of protected pay.

Unfair dismissal because furlough not considered as part of redundancy consultation

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In this article, Employment Partner Paul Burton looks at a recent case where the ET decided unfair dismissal because furlough wasn’t considered as part of a redundancy consultation. He looks at what transpired and discusses the implications for employers.

Should fire and rehire be illegal?

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Paul Burton looks at an increasingly prevalent issue in employment: fire and rehire. He considers the issues that the practice causes for employees; and discusses the legal risks that could arise for employers.

How has 'Freedom Day' impacted employers?

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Paul Burton, Employment Partner, discusses the impact that 'Freedom Day' has had on employers, as covid considerations and responsibilities shift back to individuals and businesses.

Coping Mechanisms and Disability Discrimination in the workplace

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Disabled employees should not be denied the ability to engage in strategies and mechanisms which help to cope with the effects of their condition simply because they inconvenience other staff. Paul Burton looks at a recent case where disability discrimination was disputed.

Indirect Discrimination and the Childcare Disparity

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Although fathers are spending more time caring for their children, there is still a ‘childcare disparity’ faced by working mothers. In a recent case, the EAT gave a judgement regarding the indirect discrimination of a working mother with such childcare obligations. Paul Burton, Head of Employment, discusses this case and provides advice for employers.

Wage deductions and the National Minimum Wage

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Paul Burton looks at a recent case where an employee claimed to be underpaid. He discusses deductions in wage, considering what constitutes one and how it effects the NMW.

Should employers use software to monitor remote workers?

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In this article, Paul Burton, Head of Employment at Frettens, considers whether remote monitoring is necessary, outlining the key considerations for employers.

Should employees be paid the National Minimum Wage for sleep-in shifts?

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Paul Burton, Head of Employment, looks at a recent case where The Supreme Court gave a ruling on whether workers should be paid the national minimum wage for sleep-in shifts. Paul discusses the outcome of this case and what the ruling means for employers.

Is time spent on standby classed as 'working time'?

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What constitutes working time? Paul Burton, Head of Employment at Frettens, looks at some recent cases where it was disputed whether standby time falls under the definition of working time.

Should Flexible Working become a standard option for employees?

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As the nation began returning to work after lockdown, there have been calls for employers to make flexible working a standard option for employees. Paul Burton, Head of Employment at Frettens, discusses the implications of flexible working for employees and employers.

Religious discrimination in the workplace

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What is the definition of religious discrimination? Employment solicitor Paul Burton looks at religious discrimination in the workplace, dissecting a case where tension rose between religious beliefs and sexual orientation.

2021: Potential changes to Employment Law after Brexit

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Head of Employment, Paul Burton looks at the potential changes to employment law post-brexit. He discusses holiday pay, TUPE, unfair dismissal and the working time directive.

Returning to work after lockdown

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Paul Burton, Head of Frettens' specialist employment law team, looks at the opening up of the economy and the implications for employers as people return to work starting April 12th

Repudiatory breach and employee dismissal

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Paul Burton, Head of Employment, discusses reprudiatory breaches of contact and describes a recent case where both an employee and employer were called into question. Does a repudiatory breach from one party allow the other to ignore contractual terms?

Furlough Scheme extended until September

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Paul Burton looks at the changes to furlough and what the extension means for employers and the self-employed. What was announced in the budget? Why has furlough been extended?

What is indirect discrimination in the workplace?

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Paul Burton, head of Frettens' specialist employment & HR law team, provides an overview indirect discrimination in the workplace, explaining what indirect discrimination is and what employers and HR managers need to know about it.

Constructive dismissal and maternity leave

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Paul Burton discusses constructive dismissal in relation to maternity leave. Looking at the case of Chemcem Scotland V Ure in particular. He answers questions such as: when are you able to claim constructive dismissal?

Unfair Dismissal and Redundancy

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Paul Burton discusses Unfair Dismissal and Redundancy. He looks into the case of Aramark (UK) Ltd v Fernandes, and answers the question: When is Redundancy fair?

Changes to the National Minimum Wage in 2021

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Paul Burton details the upcoming changes to the National Minimum Wage.

Whistleblowing: Defining protected disclosures

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Paul Burton discusses Whistleblowing and Protected Disclosure, giving his specialist view on the topic.

furlough scheme extended to end of April 2021

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The Chancellor, Rishi Sunak, has just announced the furlough scheme is being extended until the end of April 2021, so an extra month on the previous announcement of the end of March 2021.

Review of Employment Law in 2020

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Paul Burton provides a short update as to what has happened, as well as touching on some of the biggest issues facing us in coming months.

Can an Employment Tribunal award costs?

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Cost claims in employment tribunals Unlike the civil courts, costs (including legal fees) are not usually paid by the losing party in employment tribunal cases. When can costs be awarded in tribunals?...

The potential scale of furlough fraud

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The potential scale of furlough fraud

The National Audit Office reports that almost 1 in 10 workers were asked to work while on furlough

What is the legal definition of disability?

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Head of our employment & HR team, Paul Burton summarises a recent case that examined mental health, the legal definition of disability and dismissal.

How will the coronavirus job support scheme work?

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Paul Burton looks at the chancellor's winter economy plan, including the coronavirus job support scheme, viable jobs, pay as you grow and the VAT changes.

what is the new furlough scheme?

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What is the new furlough scheme? How will it work, who is eligible and how long will the coronavirus job support scheme run for?

What is constructive dismissal and the final straw doctrine?

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A constructive dismissal takes place when an employee resigns in response to a fundamental breach of contract on the part of the employer. Paul Burton, specialist employment and HR lawyer examines a recent case and looks at the final straw doctrine.

TUPE: Can employees' terms and conditions change?

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The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another.

What are the penalties for employing someone who doesn't have the right to work in the UK?

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Doing so knowingly is a criminal offence and inadvertently employing someone who is working illegally can lead to a civil penalty of up to £20,000 for an employer who has not carried out a proper documentation check.

What's the difference between unfair and wrongful dismissal

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An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims.

What is unfair dismissal?

Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee.

What is wrongful dismissal?

Wrongful dismissal is a contractual claim centred around whether the employer was entitled to dismiss the employee without giving the full contractual notice required. That in turn depends on whether or not the employee was actually guilty of gross misconduct.

What is the flexible Furlough Scheme?

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What is the flexible furlough scheme and how will it work? An employment law expert gives an overview.

What is the coronavirus job retention bonus scheme?

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What is the job retention bonus? Who is eligible and how will it work?

NEWS FLASH: CJRS qualifying date changed

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The government has amended its guidance on the Coronavirus Job Retention Scheme (CJRS) again today and, while there is only one real change, it is a very important one. They have amended the qualification date for employees to be eligible for...

More government guidance on Job Retention Scheme

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The government has published not one, but two new sets of updates on the guidance relating to the job retention scheme over the last week or so. Paul Burton summarises the additional information and clarification provided by the government in...

Claiming wage costs for furloughed workers FAQs

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UPDATE: The Chancellor announced changes to the furlough scheme on Thursday 17th December - the update can be read here . At the end of last week, the government released further details of the coronavirus job retention...

Carrying over holiday after coronavirus furlough period

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Annual leave and the coronavirus

Workers who are unable to take all of their statutory annual leave entitlement by the end of 2020 due to the coronavirus outbreak will now be able to carry it over into the next two years.

Business secretary Alok Sharma announced on Friday that the measures would come into force.

The announcement comes after pressure from employers and the CBI. Furloughed workers returning may have to take a large amount of leave in a short space of time, leaving businesses short-staffed whilst trying to recover.

Employment law advice on coronavirus outbreak

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Paul Burton, Head of our Employment & HR team, has put together the following summary of advice for employers during the coronavirus outbreak. Including advice on SSP, termination, maternity, holiday accrual and qualification.

New measures to help self employed during coronavirus

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Paul Burton explains what the new measures mean for self-employed workers during the coronavirus outbreak. What will self-employed workers get and how do they claim financial support during the COVID-19 outbreak?

Coronavirus help for self-employed

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Paul Burton, head of our specialist employment team, explains:

  • What help is currently on offer for the self-employed during the coronavirus lockdown?
  • Why is it taking so long for the government to announce further help for the self employed?
  • When will the government announce the financial help for self-employed?
  • What is a self-employed worker?
  • How do I claim support as a self-employed worker?

Is dismissal for whistleblowing automatically unfair?

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A dismissal will be automatically unfair if the main reason for the dismissal is the fact that the employee has 'blown the whistle' on malpractice. The Supreme Court has recently decided that an employer was liable for automatic unfair dismissal...

Trans-phobia or Philosophical Belief

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In the high profile case of Forstater v CGD Europe, an employment tribunal has looked at whether the philosophical belief that humans cannot change sex is protected by the Equality Act 2010. The employee was a consultant charity worker. She tweeted extensively (in a private rather than work capacity) on proposed changes to the Gender Recognition Act 2004 (GRA).

In-house workplace investigations and misconduct

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Is a dismissal unfair if the employer changes an investigation report following advice from an in-house lawyer? Not in this case, said the Employment Appeal Tribunal in Dronsfield v The University of Reading.

TUPE Transfers and 'Workers'

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What is the definition of a ‘worker’? Employment Rights Act 1996 The worker status debate leached into the TUPE sphere towards the end of 2019. A 'worker' is defined by section 230(3) of the Employment Rights Act...

New ACAS Guidance on Menopause

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This once taboo topic has been high profile lately. Half of the population will go through the menopause and yet it has historically been off limits as a discussion topic. Menopause is more important now than ever with older workers expected to stay in work...

Statutory and contractual redundancy pay

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In a redundancy situation, an employee might be entitled to both statutory and contractual redundancy payments. How much is statutory Redundancy pay? Statutory redundancy payments are calculated using age, length of service...

Time limits on unfair dismissal claims

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How long do employees have to make an unfair dismissal claim? Most employment claims should be brought within a three-month time limit. If it is not 'reasonably practicable' for an employee to present their claim within the...

Discriminatory job adverts

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Are your job adverts accidentally putting off potential applicants? A new LinkedIn report has looked at the language used in job adverts and found that certain things can deter a potential applicant from applying. Job descriptions that...

Is vegetarianism a philosophical belief?

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Following on from our article on veganism in the workplace, we look at a recent tribunal’s decision on vegetarianism. Is vegetarianism a protected characteristic? A philosophical belief might be a protected...

Employment Law Team is now one of the largest in the area

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Frettens Solicitors' Specialist Employment and HR Law Team have expanded as Chris Dobbs joins. Chris is a specialist Employment lawyer and will be based in the Christchurch office.

Injury to feelings

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Three bands of compensation for injury to feelings If an employee wins a discrimination claim, the employment tribunal will award compensation for injury to feelings. There are three bands: Top band...

Clarity on Expected Behaviour

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Protected characteristics and conduct Harassment has been in the legal news again this month. Anthony harasses Belinda if he does something in relation to a protected characteristic (race, sex etc) which has the purpose or effect of...

Underpaid holiday pay

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If employees are underpaid for their holiday, they can bring an unlawful deduction from wages claim. A claim must be submitted within 3 months of the underpayment, or the last in any series of deductions. Deduction from wages claims...

Unfair dismissal and Permanent Health Insurance (PHI)

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PHI provides employees with pay during long term sickness or incapacity. Policies can define incapacity differently. Some policies define it as an employee's inability to return to their actual job. Some policies define it as an inability to return to...

Unfair dismissal & re-engagement

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What is re-engagement? If an employee wins their unfair dismissal claim, a tribunal can order compensation. They also have the power to order reinstatement (to the old job) or re-engagement (to a comparable job). Can...

Race Discrimination through Social Media platforms

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The ever-increasing use of social media is having a knock-on effect on relationships in the workplace. The Employment Tribunal are seeing matters brought before them in relation to online discrimination and harassment, the question being whether the employer...

Shared Parental Leave Pay Discrimination

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The Court of Appeal has decided that it is not discriminatory for an employer to pay men on shared parental leave less than birth mothers on statutory maternity leave. The Court of Appeal looked at the issue in a series of joined cases, including Hextall v...

Can unfavourable treatment arise in consequence of a mistaken belief?

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No, held the EAT in iForce v Wood . Disability and fixed workstations iForce employed Ms Wood as a packer in their warehouse. Ms Wood was a disabled person for the purposes of The Equality Act 2010, suffering from...

Long Term Disability Benefits

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A recent EAT judgement on Long Term Disability Benefits answered the following question: “Where an employer was contractually obliged to provide an employee with long-term disability benefits until his ‘return to work’, did that mean the...

What defines 'Long Term' Disability Discrimination?

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A recent EAT, Nissa v Waverly Education Foundation , provides some guidance on what defines ‘long-term’ disability. This certainly isn’t black and white, and the case has been remitted to a different tribunal for reconsideration, but it...

New Acas Age Discrimination Guidance

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Acas has published new Guidance on Age Discrimination to help employers and line managers manage an age diverse workforce, prevent unfair treatment at work, and eradicate bias against older and younger workers. The Guidance includes a 'top ten...

Redundancy Protection for Women and New Parents

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The government has published another consultation paper, following a suggestion in the Taylor Review of Modern Working Practices . Currently, if a woman on maternity leave is selected for redundancy, she must be given priority over other redundant...

Gross Pay and Employment Status

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It seems Employment Status features heavily in every update we issue at the moment. Another interesting judgement was published on 10th January, after last September’s hearing. Is the right to use a substitute consistent with employee...

Disability Discrimination

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Is the award of an enhanced pension on medical retirement "unfavourable treatment"? under the Equality Act 2010 , if the amount is calculated based on part-time salary because the employee is working part-time as a result of a disability? The UK...

Are Uber drivers 'workers'?

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It is likely you have read or heard about this case as it has rumbled on for some time and has been afforded quite a lot of coverage in the mainstream media. Uber BV v Aslam & others The Court of Appeal judgement on the...

Parity of Pay for Part-Time Workers

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Was it less favourable treatment to pay a part-time worker 50% of full pay for being on duty 53.5% of full time hours? Yes, held the Court of Appeal in British Airways v Pinaud . Mrs Pinaud worked a part-time contract of 14 days on and 14 days off. She had...

Long Term Disability

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Is there an implied term that an employer will not dismiss an employee for incapability if that would thwart entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS . Long-term disability benefit plan...

Unfair dismissal - must you always follow the process?

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Unfair dismissal is when an employee's employment contract is terminated and the employer did not have fair reason to do so. Unfair dismissal can also be claimed if the employer did have a fair reason, but handled the dismissal using the...

Can an individual be liable for a whistleblowing dismissal?

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Can an individual be liable for a whistleblowing dismissal, along with the employer? Under UK legislation, an employee has the right not to be subjected to a detriment for making a protected disclosure, commonly referred to as...

Giving notice for an internal promotion

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Does giving notice amount to an unambiguous act of resignation? Not necessarily, said the Employment Appeals Tribunal in East Kent Hospitals University NHS Foundation Trust v Levy . Resignation In this case, the Claimant...

'Gay cake' row - UK's most expensive cake?

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In Lee v Ashers Baking Company Ltd , the Supreme Court has held that a bakery did not discriminate against a gay man when it refused to provide him with a cake bearing a message of support for same-sex marriage. The case has been publicised in national...

Parental Bereavement (Leave and Pay) Act

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The Parental Bereavement (Leave and Pay) Act 2018 has now received Royal Assent. The related Bill was introduced to Parliament in July 2017. Under the bill, employed parents who have lost a child would be entitled to statutory paid leave to allow them...

Time limits

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Is time automatically extended when the limitation period expires on a non-working day? No, held the Employment Appeals Tribunal in Miah v Axis Security Services Ltd . Claim date Mr Miah's claim for unfair...

Zero hours contract agency workers

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Can a worker be on a zero hours contract and also be considered to be an agency worker? Does it depend whether the position is considered temporary rather than permanent? Should workers like this to be considered entitled to the same basic working...

Unfair Dismissal: Qualifying Period

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Can an employee, dismissed for gross misconduct just short of qualifying for unfair dismissal, add the week's statutory notice under s86(1) ERA to obtain the right to claim unfair dismissal? No. An Employment Appeal Tribunal upheld the employers appeal...

Minimum Wage: 'On Call' Sleeping In

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A carer, who sleeps at a client's home, is technically 'on call' during the night. So are they entitled to the minimum wage while they are asleep? A case was considered on this topic in the Court of Appeal recently, MenCap v Tomlinson-Blake ....

Can you use parental leave if you have used all of your annual leave?

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Parental leave is a statutory right, available to all employees, but it is not frequently used. However, it can come in handy for some parents who may have utilised all of their holiday entitlement, especially during the school holiday periods or towards...

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