Sexual Harassment Myth Busters – Failure to Complain

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure.

To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact [...]

By |November 21st, 2017|HR / Employment Law News|

How should employers deal with claims of harassment in the workplace?

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers cannot continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. Whether it’s a male director being too touchy feely with his female reports or a female manager making risqué comments to male trainees, you could [...]

By |November 14th, 2017|HR / Employment Law News|

Is compliance with the new EU data protection regime on your radar?

It’s not due to come into force until 25 May 2018, but businesses are being urged to start preparing for the EU General Data Protection Regulation (GDPR) this year in order to ensure compliance and minimise exposure to significant fines.

As GDPR imposes far greater restrictions on the use of consent as justification for the processing of personal data, including employee personal data, employers will need to audit the personal employee data they collect and [...]

By |November 13th, 2017|HR / Employment Law News|

Latest employment tribunal and EAT stats published

The latest employment tribunal and EAT statistics have been published by the Ministry of Justice. They detail the type and volume of cases received, disposed of and outstanding for the period April 2016 to March 2017. This information is useful in assessing employment litigation trends and the impact of fees (introduced in July 2013, but outlawed in July 2017) and Acas early conciliation (introduced in May 2014).

The stats show that 88,476 employment tribunal claims [...]

By |September 28th, 2017|HR / Employment Law News|

Unlawful Employment Tribunal fee regime ruling – The implications for employers

Now that the dust has settled on July’s landmark ruling by the Supreme Court that the current Employment Tribunal fee regime was preventing access to justice, was unlawful and should therefore cease with immediate effect, we look an in-depth look at the implications for employers.

Prior to the introduction of fees there is no doubt that employers were frustrated by the time and money they had to throw at an increasing number of frivolous and vexatious [...]

By |September 27th, 2017|HR / Employment Law News|

Revised Vento bands confirmed following consultation

Last month, we reported that the Presidents of the Employment Tribunals had issued a joint consultation statement seeking views on RPI-linked increases to the bands of awards for injury to feelings in discrimination cases, which had not risen since 2009. The Presidents have since released a Joint Response confirming the following revised bands:

 

Lower band: £800 to £8,400: suitable for one-off and isolated incidents where the nature of the prohibited conduct is less serious

By |September 14th, 2017|HR / Employment Law News|

Pregnancy-related issues for the Duchess of Cambridge – An employer’s guide

As the Duchess of Cambridge cancels her official duties due to severe morning sickness, we look at what the Palace would need to know if it were deemed to be her employer

Risk Assessment

As soon as it was notified it would be required to undertake a risk assessment to identify any particular risks to her or to her unborn 5th in line to the throne – perhaps stress on joints caused by constant public walkabouts, [...]

By |September 6th, 2017|HR / Employment Law News|

It’s official – voluntary overtime should be included in holiday pay

The Employment Appeal Tribunal (EAT) has confirmed that voluntary overtime payments should be taken into account when calculating holiday pay if they are regular enough to constitute “normal pay”.

In the first binding decision on this point, the EAT upheld the Employment Tribunal’s judgment in the case of Brettle and Others v Dudley Metropolitan Borough Council, which marked a further development in the evolution of case law surrounding the correct basis for calculating a worker’s [...]

By |August 2nd, 2017|HR / Employment Law News|

Tribunal consults on Vento bands

The Presidents of the Employment Tribunals have issued a joint consultation statement seeking views on RPI-linked increases to the bands of awards for injury to feelings in discrimination cases, which have not risen since 2009.

To explain, the lower band is intended to capture less serious cases of discrimination, such as a one-off act of relatively minor harassment or discrimination. The middle band is for cases which are serious, but cannot reasonably be said to [...]

By |August 2nd, 2017|HR / Employment Law News|

EAT considers whether gross misconduct should always result in dismissal

The recent EAT judgment in Arnold Clark Automobiles Ltd v Spoor contains some useful reminders for employers when contemplating what appears to be a straightforward gross misconduct termination.

Spoor was a motor vehicle technician who had 42 years’ exemplary service. He went to help an apprentice who was having difficulty in operating a printer, but lost his temper because the apprentice was not listening to him and grabbed him with both hands in the vicinity of [...]

By |July 18th, 2017|HR / Employment Law News|