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Annual leave entitlement decision confirmed in the Supreme Court

On the 20 July 2022, the Supreme Court in Harpur Trust v Brazel (2022) confirmed the decision previously reached by the Court of Appeal in 2019. Whilst this was no real surprise in employment law terms, it may have left many scratching their heads at the now formalised implications of the judicial decision. What was the crux of the case? Ms Brazel was a music teacher and was employed on a part-year basis (i.e. during term-time). She was also working

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18th August 2022

The Great Resignation is not over!

‘The Great Resignation’ became a new buzz phrase last year, as an unprecedented number of people quit their jobs following an extended period of working from home during the pandemic. The revolution is not abating, with one in five workers in the UK planning to quit their jobs this year, citing pay as a key reason, with job fulfilment also high on the agenda. However, the Great Resignation has given organisations an opportunity to fill employment gaps as we now

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18th August 2022
managing long covid in the workplace

Managing long-COVID in the workplace

The vast majority of those who become infected with COVID-19 go on to make a full recovery. However, there are some individuals who develop symptoms which continue for more than 12 weeks and are not explained by an alternative diagnosis. This is known as ‘post COVID-19 syndrome’ and is more commonly referred to as ‘long-COVID’. The most reported symptoms of long-COVID include fatigue, shortness of breath, loss of smell and muscle ache, and the effects are a growing concern for

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11th August 2022

Are employers nervous about increased claims for Trade Union recognition?

The effects of industrial action have been impossible to escape in recent weeks, and whilst such action is far more common in the public sector, the effects of the rising cost of living on real wages may be leaving some private sector employers worried about an increased appetite for union recognition among workers in non-unionised workplaces.  Here we take a brief look at what this involves, and how employers might head-off potential Trade Union challenges. What are the implications of

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8th August 2022

An important reminder for employers to maintain health and safety standards

A Canadian ferry corporation have been issued with a hefty fine of $674,445 by British Columbian workplace regulator WorkSafeBC, 2 years after the death of one of its workers who drowned after falling from a vessel. On 21 June 2020, a ferry was docked for maintenance on the Fraser River in Richmond when a worker leaned onto a fabric webbing panel that broke away when he was trying to retrieve an item floating in the water.  The worker subsequently drowned,

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2nd August 2022
hiring temporary workers to cover staff shortages during holiday periods

Reasons to consider hiring temporary staff this summer!

Summer is officially here! But as the nation basks in record breaking temperatures, potential staff shortages could put a dampener on employers enjoying the hot weather. With an influx of annual leave requests particularly during this time of year, offices can feel half empty and teams much smaller. With imminent deadlines and customer demand at its peak for some businesses, this could present unwanted challenges for employers. One solution is the ability to tap into a pool of skilled labour

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21st July 2022

What is outplacement and why should employers consider it?

Outplacement is an employer sponsored benefit which provides a pathway for outgoing employees affected by redundancy. It helps affected employees transition into the job market or retirement and helps to facilitate acceptance of change. As it’s additional money spent on individuals who are leaving the organisation at a time when it is often trying to “tighten its belt”, outplacement might seem like an unnecessary expense at a time when it can least be afforded. However, career transition services are often

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12th July 2022
workers on glass roof

Warehouse owner fined after contractor falls 30 feet through skylight

A Blackburn-based warehouse owner has been fined after a roofing contractor fell approximately 30 feet through a glass skylight on a warehouse roof and suffered life-changing injuries. Preston Crown Court heard that a roofing contractor was employed by Floors ‘n’ Carpets Ltd to over-clad the existing roof. On 14 May 2020, one of the contractors fell through the roof sustaining serious injuries to his pelvis, arm, knee, and face and has undergone extensive surgery since. An investigation by the Health

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7th July 2022
beach, beach ball, business people, sea

Do not let an underpayment of wages ruin the holiday mood!

With the cost of living soaring there has been an increase in the number of employees challenging their employers in tribunals over holiday pay.  An underpayment in holiday pay will usually amount to an ‘unlawful deduction from wages’ and a claim can be presented to an Employment Tribunal within 3 months of the deduction, or 3 months of the last in any series of deductions. Such a claim would normally be time limited to the deductions made during the previous

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5th July 2022
workplace safety, PPE, health and safety at work

Food waste recycling company fined £2m and owner jailed after workers drowned in pig feed

On Thursday 16 June, Greenfeeds Ltd (now in liquidation), was found guilty of corporate manslaughter and fined £2 million after Leicester Crown Court found that gross negligence led to the deaths of 2 members of staff in 2016. The owners of the company were convicted of two counts of gross negligence manslaughter and for breaching the Health & Safety at Work Act. They were sentenced to 13 years and 20 months respectively, while the transport manager was also given a

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30th June 2022
business woman with boxing gloves

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
menopause at work Harmonious changes

Is menopause a taboo in your organisation?

Menopause is natural and part of the aging process but it has become a hot topic following recent news articles publicising a lack of support, HRT shortages, and celebrities such as Davina McCall raising awareness by sharing their experience. Menopause usually occurs in women between the ages of 45 and 55, although it can occur any time up to mid-60s. It is important to remember that menopause may also be experienced by people who do not identify as female. Menopause

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24th May 2022
workplace wellbeing programme

Why you should consider a workplace wellbeing programme

The COVID pandemic has resulted in employee mental health becoming more of a priority than ever before. As we approach Mental Health Awareness Week, which this year focuses on the theme of ‘loneliness’, this article discusses the importance of supporting mental health and wellbeing in the workplace, and how EML can help. Under section 2 of the Health and Safety at Work Act, employers have a duty of care to protect the mental health of their employees, as much as

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5th 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

Are your employees working from home safely?

The Coronavirus pandemic has resulted in a permanent shift towards hybrid working for many employers. However, as we navigate our working week between the office and home, it is important to remember that employers still have the same duty of care to ensure the health, safety and welfare of all their employees, both in the workplace and at home. Following an accident whilst ‘working from home’, a German court has recently ruled that a man who slipped and broke his back

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21st April 2022