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?
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?
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.
Employment & HR law specialist, Chris Dobbs looks at whether Long Covid should be treated as a disability in the workplace, and advises how employers should handle it.
Chris Dobbs looks at the impact that the Covid-19 pandemic has had on the labour market after the rate of redundancy reached it's highest since these figures were first recorded in 1995.
Uber have lost their appeal in the Supreme Court. The Supreme court unanimously dismissed the appeal. It now means that drivers are now considered workers for employment law purposes.
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?
Specialist solicitor, Chris Dobbs looks at vaccination in the workplace. Can an employer force staff to be vaccinated? Can an employee be dismissed if they refuse the COVID vaccine? What is vaccine discrimination? Is anti-vax a philosophical belief?
Chris Dobbs provides the latest on Heskett v Secretary of State for Justice, and discusses Indirect Discrimination.
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?
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?
The Firm's Employment Solicitor Chris Dobbs breaks down ACAS Uplifts.
Paul Burton details the upcoming changes to the National Minimum Wage.
A redundancy is a dismissal as a result of a workplace closing down or the employer needing fewer employees to do work of a particular kind. Chris Dobbs looks at a recent case where unfair dismissal was claimed.
Paul Burton discusses Whistleblowing and Protected Disclosure, giving his specialist view on the topic.
Chris Dobbs, solicitor in our specialist Employment & HR team, looks at the options for employers and employees when balancing working from home with childcare. Can workers be furloughed for childcare? What are the unpaid leave entitlements?
In response to the latest national lockdown, HM Treasury has announced an extension of several of the support schemes for businesses affected by the pandemic. Chris Dobbs provides an overview.
How long can an EAT pleading be? The EAT has issued some guidance on written pleadings which will make employers breathe a sigh of relief. All too often, employment tribunal claims run to several pages, documenting several years of alleged ill treatment,...
Specialist settlement agreement solicitor Chris Dobbs answers all of your questions on employment settlement agreements, including what is a settlement agreement? Are they tax free? Are they confidential? Who signs them?
ACAS, TUC and CBI guidance on handling coronavirus redundancies ACAS has joined forces with the TUC and CBI to issue a statement on how best to handle redundancies stemming from the Covid pandemic. They recognise that redundancies may be unavoidable for...
Do you need to tell employers about an arrest or charge? This month the High Court has looked at the General Data Protection Regulation (GDPR ) and the Data Protection Act 2018 and their relevance in internal disciplinary proceedings. Kathryn Hopkins v...
The potential scale of furlough fraud
The National Audit Office reports that almost 1 in 10 workers were asked to work while on furlough
Big changes to the Coronavirus Job Support Scheme, which was part of his winter economic plan and replaces the furlough scheme in November, were announced today. Chris Dobbs provides an overview.
Head of our employment & HR team, Paul Burton summarises a recent case that examined mental health, the legal definition of disability and dismissal.
For a dismissal to be fair, an employer needs to have a potentially fair reason to dismiss - such as misconduct, redundancy or 'some other substantial reason' (SOSR) - and the decision to dismiss must be within the range of reasonable responses.
How and when can an employer monitor employees WhatsApp messages. Chris Dobbs looks at a recent case where an employer used whatsapp messages in a discuplinary procedure.
Will WFH continue after lockdown? Can you monitor remote employees? How do you write a working from home policy? Chris Dobbs, Employment Solicitor answers your questions.
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? How will it work, who is eligible and how long will the coronavirus job support scheme run for?
Specialist Employment and HR solicitor, Chris Dobbs offers the 9 points that all HR managers and business owners should consider when writing a working from home policy.
Should every business have a working from home policy? What should be included? Chris Dobbs, Employment & HR Law specialist examines an increasingly important topic.
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.
Chris Dobbs looks at a recent case concerning homophobia, gross misconduct, unfair dismissals and the use of anonymous evidence.
Chris Dobbs, solicitor in our specialist employment & HR team, offers a comprehensive guide to remote monitoring of employees working from home.
Only employees with two years’ continuous service have the right not to be unfairly dismissed. This qualifying period is measured to the day - so it is important to be clear about precisely when an employee started work.
One of the least often claimed grounds of discrimination is marriage and civil partnership. Prejudice against married people is hardly widespread and there are few circumstances in which an employer might treat an employee less favourably because they were married.
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.
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.
In a 44-page judgment released last month, an Employment Tribunal dismissed a claim that an employer discriminated against the only female member of its leadership team by talking about football all the time.
Chris Dobbs, specialist employment law solicitor, examines an important ruling for self-employed hairdressers in the case of Megan Gorman.
An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims.
Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee.
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.
Understandably, a lot of people are still concerned about the coronavirus and whether returning to work is safe. Chris Dobbs, employment law & HR specialist answers your questions.
As the government starts to wind down the Coronavirus Job Retention Scheme, many businesses are taking advantage of the flexibility in lock down rules and staffing options to reopen.
How does the redundancy interview process work and can it be unfair? Chris Dobbs examines.
What is the flexible furlough scheme and how will it work? An employment law expert gives an overview.
On 1st July, the BBC reported that coronavirus led to UK companies cutting 12,000 jobs in just two days. These job losses, the article claimed, were largely in high street retailers and, particularly badly hit by the pandemic, the aviation industry.
Many large companies, including H&M, Boots, and John Lewis announced redundancies in early July too.
Chris Dobbs, employment & HR specialist, looks at why so many redundancies are being announced at this time, and how the timing ties in to the furlough scheme.
What is the job retention bonus? Who is eligible and how will it work?
UPDATE: The Chancellor announced changes to the furlough scheme on Thursday 17th December - the update can be read here . The Chancellor, Rishi Sunak, has just provided more detail regarding the changes to the Coronavirus Job Retention Scheme...
UPDATE: The Chancellor announced changes to the furlough scheme on Thursday 17th December - the update can be read here . Rishi Sunak, the Chancellor, has just announced the Coronavirus Job Retention Scheme will carry on as it is now until the...
HMRC has opened its portal for employers to claim under the government's Coronavirus Job Retention Scheme (CJRS) this morning. Paul Burton went on to the website early this morning and it appeared to be working, although he could not test it...
The Chancellor of the Exchequer, Rishi Sunak, has this afternoon announced that the Coronavirus Job Retention Scheme is being extended by one month to the end of June. When he originally announced the scheme he did say it would be kept under review and...
UPDATE: The Chancellor announced changes to the furlough scheme on Thursday 17th December - the update can be read here . The Treasury issued a formal direction to HMRC yesterday concerning the Coronavirus Job Retention Scheme and it does...
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...
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...
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 scheme, including the...
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.
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.
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?
Paul Burton, head of our specialist employment team, explains:
A dismissal for redundancy is likely to be unfair unless the employer has considered whether there is suitable alternative employment within the business (or group). If suitable alternative employment is offered, it might be subject to a statutory 4 week...
Chris Dobbs outlines the definition of a furloughed worker and examines the coronavirus job retention scheme.
The following is general guidance which, to the best of our knowledge, is correct as at the time of publication. This constantly evolving area of law is being amended regularly. We will endeavour to update this guidance accordingly. Updated 20th Jan at...
The following is general guidance which, to the best of our knowledge, is correct as at the time of publication. This constantly evolving area of law is being amended regularly. We will endeavor to update this guidance accordingly. Click here to read our...
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...
This article was updated on 11th March 2020 to include announcements made in the budget to help businesses deal with the effects of coronavirus. Click here to read the updated information . There has been an update since this information was...
Please note that there has now been a significant change to legislation mentioned in this article due to the coronavirus outbreak. Please follow this link for the most recent update. What are minimum holiday entitlements in the EU? The European Working...
Corona virus Advice for Employers and Businesses. The six main considerations for employers during the corona virus outbreak
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).
The guidance discourages the habitual use of gagging clauses when settling discrimination claims. It suggests they are only used in specific circumstances such as a case where a worker does not want the details of their discrimination case to become public.
The guidance also advises employers to tailor the clause to the individual case rather than using a standard template. The guidance also suggests that employers might still need to investigate claims, which are settled to show they have taken steps to prevent discrimination in the workplace.
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.
Chris Dobbs looks at legal definitions of equal pay and the case of Samira Ahmed v the BBC.
How much time off work can a grieving parent take after the loss of their child? Chris Dobbs looks at new legislation.
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 1996 (ERA) as: An...
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...
Is ethical veganism a philosophical belief and a protected characteristic? Chris Dobbs looks at the recent ruling on Veganism, implications for Employers and HR Professionals, and discrimination against vegans in the workplace.
The incredible rise of social media in the last decade has caused difficulties in the workplace. Employment and HR Law has struggled to keep up with a raft of new cases, and employees and employers alike struggle for clarity on the issue. In his first...
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 and weekly pay (currently capped...
Breaches of Working Time Regulations Under section 45A of the Employment Rights Act 1996 , workers have the right not to be treated badly by their employer for refusing to work in breach of the Working Time Regulations 1998 (WTR). If such a refusal is...
It’s the most wonderful time of the year! Christmas party season is upon us and many of us will don the paper hats and celebrate another cracking (sorry) year with our colleagues. We are regularly asked for advice on about employer liability at...
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 three-month time limit,...
Men will commute longer Analysis by the Office for National Statistics has shown that women who commute for an hour are nearly 30 per cent more likely to leave their jobs than if they have a ten-minute commute. The ONS believes this is due to childcare...
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 put women off The...
What is the definition of long-term disability? A person is disabled if she has a physical or mental impairment that has a substantial and long-term adverse effect on her ability to do day-to-day activities. To be 'long-term' an impairment must have...
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 characteristic if it: Is genuinely held...
Self-employed or worker status? Worker status is the holy grail in the gig economy, including the fields of taxi rides, food delivery and courier services. Workers are entitled to certain employment rights such as the national minimum wage and paid holiday,...
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 for the most serious cases (currently £26,300 -...
Are secret recordings admissible? In unfair dismissal cases, both the compensatory and basic awards can be reduced by the tribunal, potentially to zero, based on the employee's conduct before dismissal. Secret recordings of meetings by an employee can...
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 violating Belinda's...
Do we need to report our gender pay gap? The Government Equalities Office has told the Treasury Select Committee that it is planning to extend the gender pay gap reporting obligations. The gender pay gap refers to the fact that average pay for men is...
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 In the case of Bear...
According to a recent survey of 1000 vegan employees and 1000 employers, almost half of vegan employees have felt discriminated against by their employers. 31 per cent said they had felt harassed at work or treated unfairly due to their veganism. ...
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...
What is indirect age discrimination? Indirect age discrimination is where a policy that is applied to all employees negatively affects people in a certain age group. An indirectly discriminatory policy can be justified if it is a proportionate means of...
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 an employee force an employer to...
Discrimination arising from disability happens when an employer treats an employee unfavourably because of something that arises because of their disability (and which cannot be objectively justified). However, an employer will not be liable if they...
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...
Proselytising is where someone preaches about religion with a view to converting other people to that religion. The Court of Appeal has recently examined when a dismissal for proselytising can be fair. Can you be dismissed for religious preaching at work? ...
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...
The holiday season is upon us and the next installment of the Flowers v East of England Ambulance Trust saga has arrived from the Court of Appeal. The case involves voluntary overtime and whether it should be included when calculating holiday pay....
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 Osteoarthritis. She worked at a fixed...
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