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Sexual harassment in the workplace: an employer's quick guide

Not a day goes by at the moment without sexual harassment claims being splashed across the media. You might think that this is a problem reserved...

Mental health in the workplace: an employer's quick guide

Let’s be frank, talking about mental health is an awkward process. Awkward for the sufferer and awkward for the listener. Take by way of...

Stress in the workplace - as an employer, what can you do about it?

An estimated 49% of all working days lost to ill-health are due to stress, depression or anxiety *. Stress is the most common cause of long-term...

Employers urged to use surveillance with caution

Frustrating, isn’t it? As an employer, you naturally expect to be able to control things within the workplace but then some clever legal judgment...

Diversity in the workplace – are developments at the FA a game changer?

Football, they say, is a game of two halves. However, the concern has been that when it comes to recruitment, FA recruitment policy has been...

Apprentices & Employment Law: Understanding their legal status

Apprenticeships are like the ‘little black dress’ of the employment world; they never go out of fashion. Indeed, the Government is keen to create...

Self-employed worker can claim 13 years of unpaid holiday pay

The European Court has recently decided that a self-employed window salesman, who successfully claimed worker status, is entitled to claim unpaid...

Fired after using a crisp packet to block PDA

As an employer, you may sometimes despair at the antics of your staff. If so, perhaps spare a thought for an Australian employer who was left with...

GDPR - Some of the most significant developments to be aware of

Following on from part one of our GDPR update - GDPR – What does it mean and is your business compliant? - below are some of the most significant...

Sexual harassment complaints and whistleblowing

The resignation of Michael Fallon last week from the role of Defence Secretary was notable in being the first resignation from a senior government...

GDPR - What does it mean and is your business compliant?

On 25th May 2018, a little over six months away, the General Data Protection Regulation (GDPR) will come into force, replacing the Data Protection...

Are your employees too busy to take a break?

Most employees who work for more than 6 hours are entitled to a rest break of 20 minutes, but what if your employees are too busy to take their...

ACAS releases new guidance on mental health in the workplace

The Government’s Department of Health advises that one in four of us will experience mental ill health at some point in our lives.

Grieving parents to be given two weeks' statutory paid leave

Under measures announced by the Government today, all parents in full-time and part-time employment would be entitled to two weeks' bereavement...

Who said tax doesn't need to be taxing

The new corporate offences of failing to prevent the facilitation of UK and non-UK tax evasion create potential liability on employers for their...

Snooping on your employees - did it just get more difficult?

A recent case in the European Court of Human Rights (ECHR) has been big news in the past week and heralded by some as a victory for the employee...

Are you right to suspend your employee?

The odds are you’ve reserved the right to suspend employees accused of misconduct whilst you investigate the allegations against them, either...

As an employer, whose actions are you responsible for, anyway?

Life is complicated enough for employers. Any sensible business worries about its staff, its duty of care to staff and its compliance with a long...

Will discrimination compensation increase?

Employment Tribunals are currently consulting over increasing compensation for discrimination claims.

Employment Tribunal fees found to be unlawful

The Supreme Court has confirmed that Employment Tribunal and Employment Appeal Tribunal fees are unlawful and will be quashed.

Court of Appeal provides clarity on ‘public interest’ whistleblowing cases

The recent case of Chesterton Global Limited -v- Nurmohamed 2017 has allowed for the first time the Court of Appeal to consider what it means for...

Father directly discriminated against by employer's shared parental pay policy

You may have heard about the recent case of Ali v Capita Customer Management Limited - a case which found that a new father had been directly...

Three month gap will break series of deductions in holiday pay claims

In the long-running case of Fulton & anor v Bear Scotland Ltd, the Employment Appeal Tribunal has confirmed that in claims involving ongoing...

A cautionary tale when sending an email

It’s not uncommon. You’re busy and trying to multi-task and accidentally hit ‘reply all’ or ‘forward’ when you shouldn’t. Before you know it, your...

Psychometric test used in recruitment process found to be discriminatory

The recent case of The Government Legal Services (GLS) v Brookes has highlighted the need for employers to exercise caution when using selection...

Inappropriate final written warning can be dangerous to rely upon when looking to dismiss

The recent case of Bandara v British Broadcasting Corporation (2016) highlights the need to think carefully when issuing disciplinary sanctions,...

Recent plumber case puts spanner in the works

The case of a Pimlico plumber who has questioned his precise employment status examines the entitlement of individuals working in an increasingly...

Can you now rely on expired warnings when dismissing employees?

The recent case of Stratford v Auto Trail VR Limited suggests that in some circumstances, you can.

Ministry of Justice pickle over pensions is a lesson to all employers

Nothing sparks more debate than when the Ministry of Justice falls foul of the law over which it presides.

Employer: you may be liable for the improper actions of staff at the work Christmas party

A recent case acts as a timely reminder to employers that they may be held responsible for the improper behaviour of their staff at work social...

Be Uber careful if you are an employer

In October 2015, several drivers submitted claims against taxi company, Uber, claiming that they are workers and should, therefore, be entitled to...

The HR implications of the Leave vote

Following the landmark result of the referendum, interested parties may be inclined to capitalise or speculate on what comes next, but the...

Competitive edge or criminal act?

Employees who take customer or client information when they leave their job might want to reconsider their actions following a recent warning from...

Euro 2016 & Rio Olympics: How to avoid an own goal and achieve gold at work!

Our television screens will soon be ablaze with some of the biggest events of the sporting calendar – the 2016 UEFA football European...

Time to spring clean your contracts and handbooks?

When advising our clients about various disciplinary and performance issues, one of our first queries is likely to be about the employee’s terms...

Starbucks loses disability discrimination case: a reminder for employers to be vigilant

The Employment Tribunal has ruled that an employee at Starbucks was discriminated against on the ground of disability as a result of dyslexia....

I spy... Employees private messages at work can be monitored by employers

Judges from the European Court of Human Rights (ECHR) have ruled that employers can read workers’ private messages sent via chat software and...

High Court ruling to review child maintenance payments

A well-known football player, in his mid 30s, has won a High Court ruling for a review of the child maintenance payments he had been ordered to...

What is working time?

It is becoming increasingly common for employees not to have a fixed place of work. Many sales agents and home-based workers spend their time on...

Employment law changes - 1st October 2015

Numerous employment law changes came into force today as a result of the Deregulation Act 2015. Key changes include:

Sickness absence doesn't have to be a problem for employers

The average manager spends 20 working days each year dealing with absence issues; that’s one month out of twelve or just over 8% of working time....

The Consumer Ombudsman: A knight in shining armour, or a delay to legal recourse?

Most of us can say that at some point we’ve had a complaint about goods or services, relating to things such as retail companies, home improvement...

Fired over a Facebook faux pas...

In the recent case of The British Waterways Board v Smith, the Employment Appeal Tribunal found that Mr Smith was fairly dismissed because of...

Are changes to the tax status of settlement payments on the way?

The Government is consulting on the tax treatment of payments made to employees upon termination of their employment.

Holiday pay calculations and the inclusion of voluntary overtime

In addition to the current legislation regarding the calculation of holiday pay, there have been a number of recent court judgments on the topic.

Exclusivity clauses in zero-hours contracts banned from today

Employers who do not guarantee staff any hours of work and prevent them from working for another employer will no longer be able to enforce such...

Gay beliefs v religious beliefs: gay cake row judgment

Today, a judge in Northern Ireland has handed down an eagerly awaited judgment in relation to a row over a message supporting gay marriage to be...

Overtime & holiday pay – beware but no need to panic!

Over the last couple of weeks, we have fielded numerous calls and emails from worried business owners in respect of the emerging position over...

Increase to National Minimum Wage – 1 October 2015

The National Minimum Wage (NMW) is the minimum hourly rate of pay that the majority of workers should be paid.

European court rules that obesity can constitute a disability

The European Court of Justice (the ECJ) has ruled in the case of Kaltoft v Municipality of Billund (Case C-354/13) that obesity can constitute a...

Back-dated holiday pay claims limited to 2 years

We recently commented on the UK Employment Appeal Tribunal case of Bear Scotland v Fulton (“the EAT case”) which ruled that holiday pay should...

The new Shared Parental Leave Regulations

The Shared Parental Leave Regulations (“SPL Regulations”) provide parents with a new legal right that will allow them to share caring...

Is your business prepared for winter workplace problems?

[This post was last updated in December 2017]

Breaking News – Holiday pay ruling may open the floodgates for backdated holiday pay claims against businesses

Today’s ruling in the Employment Appeal Tribunal (EAT) has confirmed that holiday pay should include overtime pay. This overturns the UK’s...

Change to employment law: new rights of fathers and partners of expectant mothers

Since 1 October 2014, fathers and partners of an expectant mother are entitled to take unpaid time off work to accompany the expectant mother to...

Tribunal member appears asleep due to medical condition

If an Employment Tribunal member is apparently asleep for 15 – 20 seconds during a hearing and is observed drooling (though presumably drooling...

The end of Employment Tribunals?

At the TUC Congress today, Shadow Business Secretary Chuka Umunna says he will abolish the current Employment Tribunal system. The clear message...

Art or graffiti?

The BBC has today reported on pressure to outlaw discrimination against employees on the grounds of tattoos. “Body art” is enjoying record levels...

Warning - Holiday Pay must include commission!

The European Court of Justice (ECJ), in the case of British Gas v Lock, has held that holiday pay should not be limited to basic salary when the...

Landmark case pushes the boundaries of whistleblowing protection

In the landmark ruling of Clyde & Co v Bates van Winkelhof the Supreme Court has confirmed that a member of a limited liability partnership (LLP)...

Porter Dodson Employment team ready to assist in Pre-action Conciliation

On Tuesday 6th May 2014 would-be claimants in the Employment Tribunal will first have to make contact with the arbitration service ACAS. This...

Is obesity a disability?

Obesity in the UK is a growing epidemic. The UK is the tenth fattest country in the world and one of the fattest in Europe with levels of obesity...

Changes to Statutory Sick Pay

As of 6 April 2014, it is no longer possible for an employer to reclaim Statutory Sick Pay (SSP) from its national insurance contribution. This is...

TUPE, what’s changed and for how long?

The Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE, protects employees when they transfer from one employer to...

Employment Law Update – February 2014

Calculation of Holiday Pay should include Commission and Over-time: Recent cases of Neal v Freightliner Ltd ET/1315342/12 and Lock v British Gas...

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