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Case law: probation officer fairly dismissed for failure to disclose
In Q v Secretary of State for Justice UKEAT/0120/19 (10 January 2020), the EAT held a probation service officer was fairly dismissed for failing to disclose dealings with social services in a personal capacity. This case demonstrates the difficulties an employee may face when challenging a dismissal after they have failed to take into account a […]
Case law: vegetarianism & veganism: protected characteristics?
In the case of Conisbee v Crossley Farms Ltd and Others, the employment tribunal made a ruling that vegetarianism was not considered to be a protected characteristic under equality law. The basis of this decision was that it did not meet the relevant criteria for establishing a protected philosophical belief. The above case contrasts to […]
Employment law changes April 2020
The following changes in UK employment law will be taking effect from April 2020. Employers are advised to take action now to ensure compliance and adjust processes and policies in advance of the new rules taking effect. Increases in minimum wage, statutory sick pay and statutory family pay Minimum wage The new rates from 1 […]
Written statement of employment particulars
All employers are required to provide a written statement of employment particulars to all employees and workers employed on or after 6 April 2020 from the first day of employment. What is a written statement of employment? A written statement of employment, or a section 1 statement, is a document which sets out the key […]
COT3 agreement: settlement FAQs
A COT3 agreement sets out the terms of a settlement agreement between an employer and employee. The COT3 forms part of the ACAS early conciliation process, intended to help resolve employment claims coming before the employment tribunal. The following article sets out guidance on COT3 agreements, including whether they are enforceable. What is a COT3 […]
Secondment agreement: employers’ Guide
Whether your organisation is considering a programme of secondments for a group of employees or arranging a single secondment for an individual employee, you will need to know how to go about achieving this, in particular, you will need to consider the contents of any secondment agreement. Equally, if you are a host organisation looking […]
Changes to Anti-Money Laundering Regulations Now in Effect
Changes to the Money Laundering Regulations came into force on 10th January 2020. The Money Laundering and Terrorist Finance Amendments Regulations 2019 (Regulations) update the UK’s anti-money laundering (AML) regime to incorporate international standards set by the Financial Action Task Force (FATF) and implement the EU’s 5th Money Laundering Directive (5MLD). UK businesses are being […]
Pre-employment screening checks: HR guide
Pre employment screening checks are a critical part of a business’s recruitment and onboarding process. The following guide looks at the various different types of checks that should be conducted and how to carry these out, as well as the legal, practical and financial consequences of failing to do so. What are the pre employment […]
Rolled up holiday pay: employer FAQs
All workers in the UK have a right to holiday pay; one week’s pay for each week of statutory leave. The amount to which they are entitled is calculated by reference to the hours worked and how they are usually paid. For fixed hour workers, this is a fairly simple process, but for casual and […]
Summary dismissal: fair procedure guide
Dismissing an employee without notice, or payment in lieu of notice, requires employers to proceed with caution, not least to minimise the risk of a claim for unfair or wrongful dismissal. The following guide examines the law relating to summary dismissal, with practical advice on the procedures you will need to follow for the dismissal […]
Zero hour contract holiday pay entitlement
With zero hour contracts a common feature of the UK economy, the following guide looks at the law relating to zero hour contract holiday pay entitlement. Zero hour contract rights Under the Employment Rights Act (ERA) 1996, a zero hour contract is defined as a contract of employment under which the undertaking to do or […]
Overpayment of wages: how to reclaim
The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid. In other words, the employer is legally entitled to recover any salary overpayment from the employee. This rule will also apply regardless of whether or […]
Rights of Non-EU Spouse of EU Citizen in UK
As the foreign spouse of an EU citizen residing in the UK, you will need to apply for a new type of immigration status by 30 June 2021 to enable you to continue living in the UK lawfully after this deadline date. The following guide looks specifically at the residence rights of non EU spouses […]
How To Suspend An Employee From Work
Suspending an employee may be appropriate if there have been serious allegations of misconduct made against them and it would be detrimental to the investigation of these allegations to have the employee remain in the workplace. It is crucial to keep in mind that suspension itself is not a punishment. Rather, suspension is a necessary […]
Verbal warning at work procedure
The following guide looks at the process that should be followed when a verbal warning at work is issued, including what constitutes a legally recognised warning within the context of fair disciplinary proceedings. What is a verbal warning? In circumstances where an employer has concerns about an employee’s conduct and/or performance at work, it may […]
Dealing with insubordination at work
Insubordination at work can be a serious matter, given its effect of damaging working relationships, undermining organisational authority and the potential to impact wider team morale. In this guide, we look at what insubordination at work means, with common examples of workplace insubordination and how employers should deal with employee insubordination. What is insubordination at […]
How to write a dismissal letter
If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]
Brexit transition period guide for UK employers
The UK leaves the European Union on Friday 31st January 2020 at 11pm. The Brexit transition period will then come into effect until 31st December 2020. This is the deadline by which the UK Government has to agree a deal with the EU as to the final terms of Brexit. Where no agreement is made, […]
New Bereavement Rights for Parents
Bereaved parents who have suffered the loss of a child will be entitled to two weeks’ statutory paid leave from work from 6th April 2020. The new Parental Bereavement Leave and Pay Regulations extend existing provisions under the Employment Rights Act 1996, which only allow employees to take ‘reasonable’ time off work, unpaid, for emergencies […]