Employment case law update October 2020
A number of key employment law cases of significance for employers have recently been decided. Breach of contract, Unfair Dismissal, Working Time and Leave Holloway v Aura Gas Ltd The claimant, Mr Holloway, was employed by Aura Gas as a heating engineer. His role required him to travel from one job to the next, in […]
Bringing the company into disrepute
For the most part, employees’ work and personal lives coexist harmoniously side by side. However, there are occasions when an employee’s behaviour or conduct outside of work may be considered to be sufficiently unacceptable to be damaging to the employer’s own reputation. In such situations, the employee can be said to be bringing the company […]
Student Visa (Studying in the UK)
The Student Visa is the primary immigration route for non-UK residents looking to undertake a course of studies at either a British college or university. It has replaced the Tier 4 visa under the UK’s new immigration system. As with the previous Tier 4 visa, the new Student Visa route is for international students aged […]
How to calculate pro rata salary & holiday
Calculating pro rata salary and holiday entitlement is not always straight forward. Whether in relation to part-time workers, or where employees join or leave mid-year, employers have to get pro rata calculations right to comply with their legal obligations and avoid complaints from employees. The following article looks at what pro rata means for salary […]
What is a protected disclosure?
Whether an employee’s complaint is classed as a protected disclosure is critical to determine if they are protected as a whistleblower. By understanding the meaning of a protected disclosure within the context of whistleblowing, this can help employers to respond appropriately to employee concerns and complaints about any wrongdoing at work without falling foul of […]
What to include in a whistleblowing policy
UK workers and employers are entitled to certain protections if they “make a disclosure in the public interest” regarding their employer’s or a third party’s actions. Encouraging your workforce to make any such disclosures in line with a specific procedure and reassuring them of their protected position if they do so, may be necessary and […]
How long does a DBS last?
A Disclosure and Barring Service (DBS) check is a criminal record check that an employer can request as part of their recruitment and onboarding process. DBS checks are useful in ensuring that the employer is only recruiting suitable people into their organisation and for the job role in question. This is especially important when the […]
New food labelling guidance issued ahead of Natasha’s Law
The Food Standards Agency (FSA) has issued detailed guidance for companies on new labelling laws coming into force in 2021. Under Natasha’s Law, allergen labelling rules will become a legal requirement on all ‘prepacked for direct sale’ food, with labels on affected products required to state all ingredient and allergen information. This includes food that […]
Conveyancing & witness-free electronic signatures – guidance imminent
HM Land Registry is expected to shortly release draft guidance on the use of electronic signatures that would exempt the requirement to have a witness to a conveyancing transaction. In a blog post last week, HMLR general counsel Mike Harlow said the organisation was “close” to sharing draft practice guidance for qualified electronic signatures. Land […]
Dealing with allegations of managers bullying team members
Employees are protected by law from bullying. Yet bullying in the workplace is most commonly cited as coming from those in a position of seniority such as managers. What should an employer do if a manager is being accused of bullying at work? What do we mean by bullying at work? There is no legal […]
Manager Accused of Bullying at Work?
What should an employer do if a manager is being accused of bullying at work? What do we mean by bullying at work? Employees are protected by law from bullying. Yet bullying in the workplace is most commonly cited as coming from those in a position of seniority such as managers. There is no legal […]
Employment case law update September 2020
A number of key employment law cases of significance for employers have recently been decided. Disability discrimination Sullivan v Bury Street Capital Limited In this Employment Appeal Tribunal decision, it was held that an employee suffering paranoid delusions was not considered disabled for the purposes of the Equality Act 2010. The Claimant suffered which delusions […]
Drug testing in the workplace
Drug-testing in the workplace can often be a difficult and daunting issue for employers and HR personnel to handle, where it is important to strike a balance between the individual rights of your employees with the health and safety of your workforce and the wider public. Below we look at the rules relating to drug […]
Dealing with a malicious grievance
Being on the receiving end of a complaint at work can be an extremely stressful and worrying time, especially where the grievance raised is vexatious, malicious and deliberately intended to make life difficult for you. Below we look at how to deal with a malicious grievance at work, either as an employer or senior employee, […]
Reasonable Adjustments for Mental Health
Employers have a legal duty of care towards their employees. This requires them to do all they reasonably can to support the health, safety and wellbeing of their workforce in the workplace. This duty relates not only to physical aspects but also to the mental health and wellbeing of employees. Employees suffering from a qualifying […]
Mental health discrimination at work
By understanding your responsibilities as an employer in relation to the mental health of your workforce, you can avoid making costly mistakes by treating someone unfairly because of their condition. Below we examine the difficult issue of mental health discrimination at work, from how this can arise to practical tips on building a supportive culture […]
Indoor & Outdoor Social Gatherings Above Six Banned in England from 14 September
Social gatherings of more than six people in England will become illegal from Monday 14 September. The new rule applies to people of all ages and will ban larger groups meeting anywhere socially indoors or outdoors. This includes gatherings in private homes, indoors and outdoors, and places such as pubs, restaurants, cafes and public outdoor […]
Managing Redundancy During Maternity Leave
Employers should approach any redundancy process with caution. This demands giving full consideration to the legal implications of making employees redundant, while minimising the impact on morale and the performance of your workforce. Redundancies can, however, become further complicated in circumstances where the law affords the worker additional protections, such as if the employee is […]
How many hours is full time?
Determining how many hours is full time can be important for both employees and employers to help determine their respective rights and responsibilities at work. The following guide looks at how to establish how many hours is full time when compared with part time workers, and how this impacts workers’ rights and entitlements. What qualifies […]
Gender reassignment discrimination
As an employer, it is unlawful to treat someone unfairly at work because they intend to undergo, are undergoing or have undergone gender reassignment. It is also unlawful to fail to take timely and appropriate action when others at work discriminate against, or bully or harass someone else, because they are transsexual. Below we look […]