CMA Calls For Emergency Legislation To Pursue Opportunist Retailers
The Competition & Markets Authority (CMA) has called for the UK Government to introduce new emergency legislation to tackle price gouging tactics by companies profiteering from the pandemic. Under current laws, the competition watchdog is unable to pursue retailers for heavily inflating prices of products in response to the virus. The CMA is now asking […]
All Charges Under Coronavirus Act Were Unlawful
Britain’s most senior police officer has apologised after it was revealed every person prosecuted under the Coronavirus Act had been unlawfully charged. Cases against all 44 individuals charged under the new law have now been withdrawn, according to the Crown Prosecution Service (CPS). A further 12 people who were charged under the second piece of […]
Fit note guidance for employers
The following fit note guidance will help you as an employer to understand the rules relating to fit notes, and how you can use the information from a fit note to most effectively help your business and your employees when absent from work through illness. As an employer or line manager, the fit note can […]
What is Extradition?
Extradition is the process whereby one country requests that another country returns to them an individual accused of or guilty of a crime for the purpose of trial or imprisonment, and that the individual is transferred to the requesting country. The governing legislation in the UK is the Extradition Act 2003. Where an extradition treaty […]
Housing Market Reopens After Lockdown Restrictions Eased
The housing market in England has been reopened, with home moves and property viewings and home moves now permitted following changes to coronavirus restrictions. Following a change to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, which had restricted travel during the crisis, potential homebuyers and renters are now legally permitted to visit estate agents […]
Unlawful Deduction of Wages (Employers’ Guide!)
Part II of the Employment Rights Act 1996 sets out various statutory provisions that protect workers from unauthorised or unlawful deductions from their wages, including where an employer has underpaid the Minimum Wage. In practice, these rules limit when an employer can make deductions, require clear contractual or statutory authority, and give workers a statutory […]
Custom and practice in employment contracts
The relationship between an employer and their employees is typically considered to be set out in the employment contract between the employer and each employee. However, while a vital component of the employment relationship, the individual employment contract is not the only source of the parties’ rights and duties. Implied terms, including those arising as […]
Employment Tribunal Time Limits
The following table provides an outline guide to employment tribunal time limits, as applicable under key pieces of legislation. Note that time limit extensions may in some cases be allowable under the relevant legislation, for example where the requirement for ACAS early conciliation applies or the tribunal considers an extension to be ‘just and equitable’. […]
Being Evicted For Rent Arrears? Tenant Rights
If you are being evicted for rent arrears, you are not without protection or rights. The landlord must fulfil their legal responsibilities and follow the correct procedure. Your rights, as a tenant facing eviction, revolve mainly around your landlord’s responsibilities. Coronavirus housing & tenant advice Many tenants are now struggling to pay rent due to […]
How much is ill health severance pay?
It is a common misconception that dismissal due to ill health is automatically unfair or unlawful. This is generally not the case. An employee can be both fairly and lawfully dismissed, as long as the employer has a valid reason, has made any reasonable adjustments where applicable, and has followed a fair process. Handling the […]
6 horrible hiring mistakes & how to avoid them!
Hiring mistakes can be extremely costly for organisations of all sizes. Recruiting new staff comes at a considerable cost in terms of both time and money, with some studies suggesting bad hiring decisions can cost an organisation between 20 and 30 percent of an employee’s annual salary. An awareness of common pitfalls will help you […]
Holiday pay on termination of employment
Holiday pay on termination of employment will be one of the elements when calculating an employee’s final salary. The following guide for employers sets out the rules on holiday pay when an employee leaves your organisation, helping to minimise the possibility of any errors or complaints. What are the rules on holiday pay on termination […]
Suitable alternative employment: HR help!
One aspect of the redundancy process that employers can find challenging in practice is the requirement to offer suitable alternative employment to employees at risk of being made redundant. An employer undergoing a redundancy exercise must offer suitable alternative employment to any employees who are at risk of redundancy if such a position is available […]
Termination of employment: how to dismiss?
By law, to fairly dismiss an employee you must show that you have a valid reason that you can justify and that you acted reasonably in all the circumstances. Under section 98 of the Employment Rights Act 1996 (the 1996 Act) there are various valid reasons for terminating employment. These include: Redundancy Conduct or Capability […]
Last in first out: fair redundancy?
When making redundancies, part of the requirements on employers is to ensure fair selection criteria are identified and used so as to avoid acting unfairly and unlawfully. The ‘last in first out’ method was once one of the most common ways of selecting employees for redundancy, but does it remain a valid and lawful way […]
Consumers Struggle to Get Refunds for Holiday Bookings
With flights, accommodation, tours and holiday plans disrupted due to the coronavirus pandemic, consumers are expressing increasing frustration as holiday companies appear to flout consumer protection laws by refusing to offer refunds. While some airlines, hotels and tour operators are approving refunds, albeit reluctantly, others are making it difficult to request refunds, with some refusing […]
Ventilator Manufacturers to be Protected from IP & PI Claims
UK manufacturers of ventilators being used to treat coronavirus patients are to be given specific legal protection in the event of any breaches of IP rules or personal injury claims, the Government has confirmed. Where new kit malfunctions, or is found to be defective or to infringe intellectual property rights, the Government has pledged to […]
Redundancy consultation period: HR advice
Specific processes and rules apply if your business is having to make employees redundant. These determine how you should consult with workers that may be affected and how long the redundancy consultation period needs to be. Get the process wrong, and as an employer, you could face costly tribunal claims for unfair dismissal. What is […]
Collective bargaining: employer guidance
The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union. What is collective bargaining? Collective bargaining is the official process by which representatives of trade unions […]
CPS Told to Downgrade “Less Serious” Cases
Prosecutors in England and Wales have been advised to take the current issues resulting from the COVID-19 crisis into account when deciding whether to press charges, under new guidance issued by the Crown Prosecution Service. The new guidelines state that serious cases should be prioritised and all options should be explored for less serious offences, […]