Right to work from home: perk or new norm?
Following the coronavirus outbreak and UK lockdown, working from home has become prevalent across the economy. This shift towards a more flexible way of working brings both risks and opportunities for employers, who must ensure they meet their duties towards remote workers. Is there a right to work from home? Under current laws, there is […]
Staggered Hours (Flexible Working Guide)
With flexible working on the rise, arrangements such as staggered hours can offer both the employer and employee advantages. We look at what is meant by staggered hours and the key legal and HR considerations for employers adopting this approach, either on a temporary or permanent basis. What are staggered hours? There are various different […]
No-Fault Divorces Set To Start From Autumn 2021
No-fault divorces are set to become available to divorcing couples from autumn 2021. The Divorce, Dissolution and Separation Bill was backed by 231 MPs against 16 in a House of Commons vote on 8th June 2020, and concluded its passage through the House of Commons yesterday on 17th June 2020. The Bill will now be […]
Supreme Court Rules Against Visa & Mastercard Over Swipe Fees
Two of the world’s largest credit card companies have suffered another defeat in a long-running legal dispute with supermarket chains over interchange fees. The UK’s Supreme Court rejected an appeal by Visa Inc. and Mastercard Inc., affirming a lower court ruling that the mandated payments restricted competition. The Court was unanimous in upholding the decision […]
What Is A Pre Action Protocol In Civil Litigation?
The rules governing pre-action conduct can be found in the pre-action protocols and the Practice Direction on pre-action conduct and protocols (PDPAC). What are Pre Action Protocols? Pre action protocols (PAPs) specify the conduct procedures that parties are expected to follow if involved in a dispute that may lead to litigation in the English courts. Fundamentally, the […]
What are fair redundancy selection criteria?
The role of redundancy selection criteria is absolutely crucial in ensuring that any redundancy process is fair and lawful. The following guide focuses on how to choose and apply the most appropriate redundancy criteria for your company or organisation, including the risks for employers of getting this wrong. Identifying your pool for selection If you […]
Continuous employment: employer guidance
The continuous employment rules can play a crucial role in determining the employment entitlements of your workforce. It is therefore important to understand how these rules work and how they can potentially impact your decision-making when dealing with an employee’s workplace rights and terminating a contract of employment. What is continuous employment? Continuous employment refers […]
New Law Gives Local Authorities Powers To Fine Drivers £130 For Using Cycle Lanes
Drivers can be fined up to £130 for using cycle lanes, under a new law taking effect on 22 June 2020. The new powers, announced by the Cycling Minister Chris Heaton-Harris on 10 June, will see local authorities able to rely on CCTV to issue penalty charge notices to motorists breaking the rules. This includes […]
New Deal Expected To Simplify & Speed Up Planning Process
MPs are said to be considering the introduction of new development zones with relaxed rules and further permitted development (PD) rights as part of a ‘New Deal’ for planning. In a publication launched by the Policy Exchange think tank, Housing Secretary Robert Jenrick laid out a vision to “rethink planning” and “speed up and simplify […]
Sunday Trading Rules May Be Relaxed for Supermarkets
Supermarkets may soon be able to open for longer hours under government plans to help boost the post-lockdown economy. Under current rules, supermarkets in England and Wales are only permitted to trade for six consecutive hours between 10am and 6pm. However, new legislation is being drafted which would suspend the current Sunday Trading laws for […]
Daughter Wins Legal Challenge To Invalidate Mother’s Will
A daughter has successfully challenged her mother’s will in the High Court, giving her a share of the £325,000 inheritance. The deceased, Jean Clitheroe, had left her entire estate to her son, John, leaving nothing to her daughter, Susan Bond. Prior to her death in 2017, Mrs Clitheroe had drafted versions of her will in […]
Late Author’s Family Win Back Watership Down IP Rights
The family of the late Richard Adams have been awarded the rights to the author’s novel Watership Down. The High Court has ruled found in favour of Watership Downs Enterprises, the estate and family of Adams, against the US director of the 1978 animation, Martin Rosen. Rosen, who owned the motion picture rights to Watership […]
Probation Review: Tips For Managers
The reality is, the person who performed best at the interview may not necessarily turn out to be the best fit for the job. The probation period offers employers – and employees – a defined timeframe in which to decide if the ‘fit’ is right and the employment relationship is mutually agreeable. The purpose of […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Court Enforces Lower PI Settlement Accepted By Claimant In Error
A personal injury claimant who mistakenly settled for one-tenth of the amount they intended has been told by a court they must accept the outcome of the error. The ruling in Mahoney v Royal Mail at Truro County Court held that the common law doctrine of mistake does not apply to so-called ‘Portal claims’. Since […]
Constructive Dismissal Advice For Employees
Employees forced to resign as a result of their employer’s conduct in the workplace may be eligible to claim constructive dismissal. Below we provide some constructive dismissal advice, from what this means and who is eligible, to how to approach a potential claim for constructive dismissal, both before and after resigning from your job. What […]
Age discrimination: employers’ guide
Age discrimination, also known as ageism, is one of the most common forms of unfair treatment at work. Discriminating against an employee because of age can have serious practical and legal implications for your business, even where the discriminatory practice or conduct is unintentional. The following guide looks at age discrimination in the workplace, and […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Employment case law update May 2020
A number of key employment law cases of significance for employers have recently been decided. Pregnancy discrimination Camara v East London NHS Foundation Trust A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. The claimant (Camara) had worked as an […]
How To Prepare For An Employment Tribunal Preliminary Hearing
The importance of preparing for an employment tribunal preliminary hearing is not to be underestimated. While not designed to bring a workplace dispute to a conclusion, the preliminary hearing is intended to help parties prepare for the final hearing, and decisions can still be made that could affect your ability to defend a claim. The […]