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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

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

Why workplace Mental Health First Aid makes sense

According to the Mental Health Foundation, a staggering 70 million working days are lost each year in the UK due to mental health problems, costing employers approximately £2.4 billion per year. During 2020/21, the Health & Safety Executive recorded 822,000 workers suffered with work-related stress, depression or anxiety (new or long-standing), with each worker taking on average 21.6 sick days. The COVID pandemic has resulted in mental health support and employee wellbeing becoming more of a priority than ever before.

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29th March 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

changes to the highway code employees of drivers should be aware of

Highway Code updates: Actions for employers

Employers that employ staff in a driving role, or employees who are expected to drive in the course of business, are being advised to take note of recent updates to the Highway Code, ensuring that the changes are communicated to relevant employees and that their Road Safety Policies are amended accordingly. The controversial Highway Code amendments, which were introduced on 29 January 2022, saw updates to nine sections of the code, with 50 rules added or changed. Significantly, the code

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9th 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

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