Frettens Banner Image

Blog

Services
People
News and Events
Other
Blogs

Employment

Employment Status and Contracts - How to get it right

Chris Dobbs
  • Posted
  • Author

Here, Chris talks about defining employment status, for employees, workers and the self employed, contractual relations and compliance and more.

Recruitment: The legal implications that employers need to know

Chris Dobbs
  • Posted
  • Author

In Chris' first monthly webinar, he looked at recruitment and talked about the legal implications for employers, including the key legislation, GDPR and how to mitigate potential claims.

Was British Airways Pilot's sacking fair after refusing to wear mask?

Chris Dobbs
  • Posted
  • Author

In his latest article, Employment Associate Chris Dobbs looks at a recent covid case, yes in 2023, where a British Airways pilot was dismissed after refusing to wear a mask on the basis of a protected belief.

Frettens advise in key taxi worker status case

Chris Dobbs
  • Posted
  • Author

Frettens acted for local company United Taxis in a key case at the Employment Appeal Tribunal in March of this year.

Thanks to the assistance of our specialist Employment Team, the client received a successful result as the claimant involved was held not to be a worker or employee of United Taxis.

United Taxis Limited v Comolly Case Summary

  • Posted

In this article, Paul Burton provides a brief summary of United Taxis v Comolly, its outcome and implications for employers.

Flexible Working Bill passed: What does it mean for employers?

Chris Dobbs
  • Posted
  • Author

The Employment Relations (Flexible Working) Bill had its third reading in the House of Lords recently, meaning it’s one step closer to passing and becoming law.

Here, Employment Solicitor Chris Dobbs outlines what the Flexible Working Bill is and the changes it proposes for employers.

Government Proposes New Changes to Worker Rights

Chris Dobbs
  • Posted
  • Author

In a written statement yesterday, the Secretary of State for Business and Trade made it clear that the Government’s proposed EU Revocation Bill will now not contain a so called sunset clause.

Chris breaks down what this means for workers rights.

How to make redundancies: A guide for employers

  • Posted

Although redundancies are something that employers will want to steer clear of where possible, sometimes they can be unavoidable.

As an employer, in circumstances where redundancies are inevitable, you may not know how to approach things. So, we’ve put together this guide for making redundancies.

Here, Employment Partner Paul Burton outlines how to handle the redundancy process, inform staff and remain on the right side of the law.

When is a Resignation not a Resignation? Employment Law

  • Posted

Paul Burton breaks down when resignation may not be resignation, looking at a recent case where an employee stormed out and resigned in the heat of the moment.

Work Party Harassment: Woman awarded £19,000

  • Posted

In this article, Employment Partner Paul Burton takes a look at a recent case of sexual harassment and victimisation, outlines what the tribunal ruled and sets out some key takeaways for employers.

30% Increase in Workplace Grievances reported at Employment Tribunal

Chris Dobbs
  • Posted
  • Author

According to a survey conducted by XpertHR, employers are seeing a significant increase in the number of internal grievances.

In his latest article, Employment Solicitor Chris Dobbs outlines why grievance reporting has increased and considers how employers should handle such grievances.

Can a short redundancy be considered age discrimination?

  • Posted

Yes, a shorter redundancy process can be considered age discrimination according to the Employment Appeal Tribunal (EAT) in Cook v Gentoo Group Ltd, who overturned the original Employment Tribunal decision.

In his latest article, Employment Partner Paul Burton looks at the importance of carrying out a full and fair redundancy procedure.

How do you calculate holiday entitlement for irregular hours and part-year workers?

  • Posted

In January, the Government launched a new consultation on how to calculate holiday entitlement for workers who either work only part of the year (for example term time for teachers) or irregular hours.

In this article, Employment Partner Paul Burton outlines what the Government are proposing in their consultation and provides advice for employers.

Marital Status Discrimination: A Rare Claim

Chris Dobbs
  • Posted
  • Author

Section 8 of the Equality Act 2010 outline marriage and civil partnerships to be a protected characteristic. In a recent case, which Chris Dobbs looks at in this article, the EAT made it clear that the test requires proof of marriage.

Care Home Wins 'No Jab, No Job' Claim

  • Posted

Employment Partner Paul Burton looks at the latest of the no jab no job unfair dismissal cases and discusses implications for employers.

Court of Appeals Rules on Covid-19 Unfair Dismissal

Chris Dobbs
  • Posted
  • Author

Recently, the Court of Appeals has ruled on a Covid 19 Unfair Dismissal case. In this article, Employment Solicitor Chris Dobbs outlines what led to the court of appeals verdict and discusses what it means for employers regarding similar dismissals.

What is the current National Living Wage in 2023?

  • Posted

In his latest article, Employment Partner Paul Burton outlines the proposed changes to NLW and more and weighs in on the impact these will have for employees, employers and the economy as a whole.

Long-Covid Case Fails Disability Test

Chris Dobbs
  • Posted
  • Author

In the latest case exploring employment issues which arose during the pandemic, an Employment Tribunal in Scotland was asked to apply the Equality Act test to long-covid.

In his latest article, Employment Solicitor Chris Dobbs looks at what the tribunal ruled and gives some key takeaways for employers.

£23,000 awarded to disabled lawyer after recruitment terminated

  • Posted

In Farrow v Foster Clay Law Ltd a disabled lawyer has been awarded £23,000 by an employment tribunal after being discriminated against as part of a recruitment process.

In this article, Employment Partner Paul Burton describes the outcome of this case and the implications for employers.

Can supporting a football club be a protected belief under the Equality Act 2010?

  • Posted

In McClung v Doosan Babcock an Employment Tribunal decided that supporting a football club cannot be a protected religious or philosophical belief.

In this article, Employment Partner Paul Burton breaks down the reason for this decision, and provides advice for employers when tackling similar issues.

The problem with the statutory defence to discrimination claims

Chris Dobbs
  • Posted
  • Author

In his latest article, Employment Solicitor Chris Dobbs looks at the problem with the statutory ‘reasonable steps’ defence to discrimination claims.

He looks at where the defence fails, and discusses the importance of up to date employment training.

Quiet Quitting: An employment solicitor's view

Chris Dobbs
  • Posted
  • Author

Quiet quitting is the latest topical phrase to hit the workplace headlines and involves people essentially doing the bare minimum in their workplace.

In this article, Employment Solicitor Chris Dobbs dives deeper into quiet quitting; debating whether it is an actual problem and outlining how employers can combat the issue.

EU Retained Law: What it means for you

Chris Dobbs
  • Posted
  • Author

The Retained EU Law (Revocation and Reform) Bill is set to revoke certain EU legislation, including, potentially, TUPE, The Working Time Regulations and more.

In his latest article, Employment Solicitor Chris Dobbs looks at this bill in further detail and outlines the potential changes that could occur as a result of it.

What changes are coming to the UK Visa Scheme?

  • Posted

Late in September, Liz Truss announced a formal review of the way the UK visa scheme operates.

In his latest article, Employment Partner Paul Burton looks at the proposed changes, considers who they’ll benefit and discusses their impact on businesses.

Surgeon whistleblower succeeds with claim against England's hospital regulator

  • Posted

In Kumar v The Care Quality Commission an employment tribunal has awarded Mr Kumar £23,000 in injury to feelings after he was disengaged by the Care Quality Commission (‘the CQC’). 

In his latest article, Paul Burton, Employment Partner at Frettens, outlines how the case unfolded at tribunal and looks at what the ruling means for employers.

Menopause in the workplace: Showing support and preventing legal claims

Chris Dobbs
  • Posted
  • Author

In his latest article, Employment Solicitor Chris Dobbs looks at a recent study study which found that menopause is still a difficult topic in the workplace and provides advice for employers regarding menopause in the workplace.

How to avoid making redundancies

Chris Dobbs
  • Posted
  • Author

As a business, redundancies will obviously want to be avoided where possible due to the massive impact that they have on the business and, most importantly, employees and their livelihoods.

In this article, Employment Solicitor Chris Dobbs outlines how redundancies can be avoided and the alternatives to redundancy.

Are part-year workers entitled to holiday pay?

  • Posted

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

  • Posted

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.

Employment Status and the Ready Mixed Concrete Test

Chris Dobbs
  • Posted
  • Author

Chris Dobbs looks at a recent case where employment status was questioned. Chris outlines the case's outcome and discusses the implications for employers.

An Insolvency Practitioner's guide to complying with TUPE

  • Posted

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.

Tribunal rules that Long Covid IS a disability

Chris Dobbs
  • Posted
  • Author

In a recent case, an employment tribunal decided that an employee who suffered from long covid was considered disabled. Employment Law solicitor Chris Dobbs discusses this decision and the implications for employers.

Employee refusing to return to work during pandemic fairly dismissed

  • Posted

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

What happens when an Early Conciliation certificate is late?

Chris Dobbs
  • Posted
  • Author

We all know that Acas must be notified of every potential claim to the Tribunal. But what happens if an early conciliation certificate is submitted late? In this article, Employment Solicitor Chris Dobbs discusses…

Ban on exclusivity clauses in employment set to be extended

  • Posted

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.

'Workplace banter' lawsuits at an all-time high

Chris Dobbs
  • Posted
  • Author

In this article, Chris Dobbs looks at the rise in 'workplace banter' references in tribunal cases. Chris discusses to what extend certainbehaviour is considered 'banter' and looks at the risks of relying on 'banter' in court.

What is a detriment in a victimisation claim?

  • Posted

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.

Can whistleblowers take confidential documents for legal advice?

Chris Dobbs
  • Posted
  • Author

In a recent case, an employee removed confidential information from their employer in order to ‘attain legal advice’.

Employment Solicitor Chris Dobbs discusses the following tribunal case and the key takeaways for employers.

Redundancy: How not to do it

Chris Dobbs
  • Posted
  • Author

In this article, Employment Solicitor Chris Dobbs looks at the recent mass redundancy of P&O employees that hit the news last week.

Chris answers some questions around redundancy consultation, discusses where it went wrong for P&O and looks at the key takeaways for employers.

Menopause Cases Still Proving Successful

Chris Dobbs
  • Posted
  • Author

At a recent judgment in East London, the Tribunal found that a woman from Essex was unfairly dismissed and discriminated against on the grounds of her age and sex.

Employment Solicitor Chris Dobbs takes a look at the case and further discusses menopause in the workplace.

COVID restrictions relaxed and the impact on the workplace

  • Posted

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

  • Posted

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.

Disability discrimination case in the Ministry of Justice

Chris Dobbs
  • Posted
  • Author

A Reading Employment Tribunal found that a Solicitor-Judge was discriminated against after the Ministry of Justice, through HMCTS (HM Courts & Tribunals Service), failed to provide reasonable adjustments to the workplace. 

Employment Solicitor Chris Dobbs takes a look at this case, discussing the importance of reasonable adjustments for employers.

Taxi driver 'not a worker'

  • Posted

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

  • Posted

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.

Can a fear of catching Covid be a belief?

Chris Dobbs
  • Posted
  • Author

Chris Dobbs looks at a recent case where a claimant failed in her claim that her views on covid amounted to a belief. Chris details the ins and outs of the case and provides advice for employers going forward.

Ikea cut pay of unvaccinated staff self-isolating

  • Posted

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

  • Posted

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

  • Posted

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.

Preliminary Issues in Disability Discrimination Claims

Chris Dobbs
  • Posted
  • Author

Chris Dobbs looks at a recent EAT case where disability and sex discrimination was claimed surrounding a woman's menopause symptoms. Chris discsses the key considerations for employers in such cases.

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

  • Posted

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.

Not receiving paid breaks lawful for part-time workers

  • Posted

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.

Top 5 Hybrid Working Considerations for Employers

Chris Dobbs
  • Posted
  • Author

Employment Solicitor Chris Dobbs outlines some key considerations for employers to try and limit the risk of hybrid working disputes and claims

Returning to work from Furlough - Q&A

Chris Dobbs
  • Posted
  • Author

After the end of furlough, Employment Solicitor Chris Dobbs answers some of your questions on returning to work, providing advice for employers on what grounds employees can refuse to return.

Topical Discrimination Issues Summary Video

Chris Dobbs
  • Posted
  • Author

It was great to be back on Wednesday 15th September, when we held our first in-person employment event since the start of the pandemic. Thank you to those who turned up to the session, we very much enjoyed having you there. For those who missed it, or just...

home