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HR / Employment Law News

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Fight or flight – What to do when a tribunal claim is looming?

Having to make the choice between settling a potential claim or fighting it out can be a difficult call. It can feel like being stuck between a rock and hard place. It is a choice for the employee and a choice for the employer to make, balancing their own individual considerations, knowing there is only one path left if they cannot agree. From a Claimant perspective, it remains a hot topic right now following the P&O Ferries debacle. In March

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30th May 2022

Managing redundancy: What you need to know

According to a new ACAS survey of British businesses, almost 1 in 5 employers expect to make redundancies in the next year, with large businesses more affected than SMEs. Managing redundancy can be a tricky area to navigate. Employers have certain obligations when considering redundancy, whether it relates to a standalone position or larger numbers. Whilst redundancy is a potentially fair reason for dismissal, getting it wrong can leave the employer exposed to costly claims of unfair dismissal, and in

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28th April 2022

Will a 4-day week make us more productive?

The Coronavirus pandemic impacted all our lives considerably and, among other things,  resulted in a permanent shift towards hybrid working for many employers. As we return to a ‘new normal’, some employers are going further than this and are now looking at other ways to provide a better work-life balance whilst simultaneously improving productivity. A model which has been the subject of quite a bit of discussion is the introduction of a 4-day working week. Let’s face it, everyone loves

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4th April 2022

National Minimum Wage: Are you getting it right?

Paying in equal instalments? Deducting for goods purchased? Check your practices are compliant with the National Minimum Wages Regulations. And of course, think about the upcoming pay rise! With the cost of living rising high, the next hot topic is bound to be the planned increase to the national minimum wage / national living wage rates. The Government has announced that as of the 1st of April 2022, the National Living Wage (applicable to workers from the age of 23)

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17th March 2022

Employee’s dismissal for eating company stock was unfair due to poor investigation and inconsistent practices

Cassidy v. Iceland Foods Limited (2019) The Claimant was dismissed after 15 years of good and loyal services, for eating company stock. The Claimant worked at a small store owned by the Respondent. The Respondent had a policy, common in the industry, stating that any consumption of company property required the prior purchase of the goods and should only be done during break times. Any unauthorised consumption of company food on company premises to be considered gross misconduct. The Claimant

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10th March 2022

Is your organisation ready for this years’ extra bank holiday?

To mark the Queen’s Platinum Jubilee in 2022 there will be an extra, one-off bank holiday in the UK, with the spring bank holiday at the end of May moving to Thursday 2 June 2022 and an additional bank holiday on Friday 3 June. However, as the nation comes together over a four-day weekend to celebrate the Queen’s 70-year reign, have you considered how this extra bank holiday may affect your business? Who is entitled to this extra bank holiday?

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8th March 2022
Local Authority discriminated against employee by asking her to re-apply for role

Local authority discriminated against employee by asking her to re-apply for role

Healey v. Lancashire County Council (2021) –  Manchester Employment Tribunal The Claimant had been employed by the local authority (the Respondent) since 1995 as an early years’ consultant. In 2012 she was promoted into the role of “lead senior early years’ consultant”, as a “temporary” step up only due to planned restructures. Said restructure did not happen until 2018. She was previously a senior early year’s area team leader, along with 2 colleagues. In 2014 the claimant was diagnosed with

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24th February 2022
holiday pay entitlement

Pimlico Plumbers taken to the cleaners over holiday pay

Smith v Pimlico Plumbers Ltd [2021] CA The facts of the case Mr Smith worked for Pimlico Plumbers between 2005 and 2011. For much of that time he was considered “self-employed”. In line with this apparent status, he was informed that any leave taken would be unpaid. He did take leave from time to time, for which he received no remuneration. The relationship broke down in May 2011 and in August 2011 he submitted a claim for holiday pay. More

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14th February 2022

Don’t mention retirement! Employers warned to be more mindful

A recent case to hit the employment tribunal has highlighted the need for employers to take care in relation to discussions around retirement, after it was ruled that a 73-year-old Asda worker had been constructively unfairly dismissed. The employment tribunal upheld that Asda worker Mrs Hutchinson had been constructively unfairly dismissed and discriminated against on the basis of age and disability after she was repeatedly asked if she wanted to retire. What are the facts of the case? The case centres

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3rd February 2022

COVID: New year, same challenges

When we consider the likely HR and Employment Law developments for 2022, COVID is still top of the agenda and continues to present unprecedented challenges for people and the organisations they work for. HR and Employment Law developments linked to the pandemic have been coming thick and fast of late and show no signs of slowing down. As such, we thought we’d take stock and compile a quick-reference guide to some of the most common issues that we’ve been advising

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10th January 2022
employe assistance programme

Racial discrimination within the workplace and how you can eliminate it

Racism in the workplace was once again in the headlines last month following the accusations of harassment and bullying of cricketer Azeem Rafiq during his time at Yorkshire County Cricket Club due to his South Asian heritage. Rafiq stated that he was subject to “institutional racism” while playing for one of the top cricket clubs in Britain. Not only did Rafiq’s teammates refuse to call him by his real name and referred to him with racial slurs, he also reported

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20th December 2021

Déjà vu: What the latest instruction to work from home means for employers

On 8 December 2021, Boris Johnson announced that the guidance for office workers in England to work from home if they can was to be introduced from the following week. When is it effective? This instruction will be effective from 13 December 2021 and will run until at least mid-January 2022, with a review taking place early in the New Year. Why is it being introduced? The measure is part of England’s move to what the Government has christened ‘Plan

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9th December 2021

At what point is a person with cancer deemed to be disabled under the Equality Act 2010?

The Equality Act 2010 makes it unlawful to discriminate against someone on the grounds of a protected characteristic, one of which, is disability. Under the Act, a disability is a physical or mental impairment which has a substantial and long-term impact on the individual’s ability to carry out normal day-to-day activities. There are a handful of conditions, one of which is cancer, that are a disability regardless of that test. According to the statutory guidance (ref page 10), a person

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23rd November 2021

Calculating Deductions for National Minimum Wage

On the surface, the concept of a National Minimum Wage (NMW) may appear a simple one. For every hour worked an employee or worker aged 23 and over must receive a minimum of £8.91 (as from April 2021) with lower rates applicable to those aged between 16 and 22. However, the waters are somewhat muddied when an employer makes deductions from wages of payments which will need to then be accounted for as they ultimately reduce the amount of total

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16th November 2021

New Acas advice on “firing and rehiring”

Acas has just published advice aimed at dissuading employers from ”firing and rehiring” employees, with their Chief Executive, Susan Clews, stating: “Our new advice is clear that fire and rehire is an extreme step that can seriously damage working relations and has significant legal risks for organisations. Employers should thoroughly explore all other options first and make every effort to reach agreement with staff on any contract changes. Organisations that consult with their workforce in a genuine and meaningful way

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15th November 2021

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