Employment case law update January 2021
A number of key employment law cases of significance for employers have recently been decided. Tribunal Powers of Disclosure Sarnoff v YZ The Court of Appeal has held that the employment tribunal (ET) does have the power to make an Order for Disclosure against a party who is not present in Great Britain. Mr Sarnoff […]
Employing casual workers
The term ‘casual worker’ describes an individual who is not part of a business’s permanent workforce. Casual workers typically supply services on a flexible or irregular basis, usually to meet varying demand for work. It is not defined in employment law, rather, it is a catch-all phrase used to describe someone who does not have […]
Right to work documents & checklist
UK employers have a legal obligation to prevent illegal working by verifying all employees have a valid right to work in Britain. The Home Office dedicates considerable resources to investigating employers and taking enforcement action in the event of a breach. Where an employer is found to be employing workers illegally, they face substantial fines, […]
Why Ladies Night is Illegal: Nightclub Policy & Equality Act
From refusing entry to groups of men to offering discounted drinks for women, nightclubs risk breaking the law with discriminatory policies that could see them face claims for discrimination. Nightclub policies & discrimination: what the law says While nightclubs may have a general right to refuse entry, by law they have to ensure […]
Failure to make reasonable adjustments
A failure to make reasonable adjustments refers to a breach of the employer’s duty to ensure that workers and applicants are not substantially disadvantaged in carrying out or applying for a job because of a disability when compared with people who do not have a disability. This is a statutory duty that most employers are […]
How to manage recruitment immigration risks
For employers, the option of recruiting from the global talent market can be critical to maintaining operations and, importantly, competitive advantage. But UK employers face increasing recruitment immigration risks when hiring non-UK nationals. Penalties for employing illegal workers and failing to comply with your immigration duties are substantial and best avoided. Fundamentally, your recruitment practices should enable […]
How long is TUPE valid for?
TUPE provides protection to employees in the event that the business they work for transfers to new ownership. In such a situation, the employees will effectively transfer over to the new organisation, too. In many cases, the incoming employer may want to make changes to the transferring employees’ terms of employment in order that all […]
Employment case law update December 2020
A number of key employment law cases of significance for employers have recently been decided. Settlement agreements, COT3 & misrepresentation Cole v Elders Voice In November 2020 the Employment Appeal Tribunal handed down judgment upholding an appeal in the case of Cole v Elders Voice. Mrs Cole’s employment transferred to Elders Voice under the Transfer […]
Employee stealing from work?
If you suspect an employee stealing from work or misusing company property without permission, it is likely to come as a shock. Any action you take in response to stealing from work must be fully considered and based on factual evidence to avoid falling foul of legal issues. It is also likely you will have […]
Tier 2 General Visa Guide
The Tier 2 (General) visa is now closed to new applicants, and has been replaced by the Skilled Worker route. This article relates to the requirements for the old Tier 2 visa. If you are making a new visa application, you should apply under the Skilled Worker route. What is the Tier 2 (General) Visa? […]
Employment case law update November 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal Chemcem Scotland Ltd v Ure UKEATS/0036/19/SS In Chemcem Scotland Ltd v Ure, the Employment Appeal Tribunal upheld the decision of the first tier in finding that the acceptance of a repudiatory breach does not have to be expressly […]
Gross misconduct & fair dismissal
Gross misconduct refers to conduct, actions or behaviour from an employee that is sufficiently serious to justify instant dismissal. Responding to allegations of gross misconduct and taking disciplinary action against an employee is fraught with legal risk. While it may be instinctive in some circumstances to dismiss an employee immediately as a result of gross […]
DBS check guide: documents, costs & processing times
As an employer, it is important to understand what level of DBS check you can request by law when recruiting someone. You should also know the cost of a DBS check, what DBS check documents need to be provided by a prospective employee, how to check documents during the current pandemic, and how to identify […]
What is a contingent worker?
Employers are increasingly turning to more flexible arrangements to engage workers beyond the traditional permanent employment contract. Among the alternatives, using contingent workers may offer organisations a more agile and cost-effective solution to meeting specific skill needs without the long-term commitment of recruiting permanent employees. What is a contingent worker? Contingent workers are individuals who […]
Coronavirus Job Retention Scheme (How to Claim)
The Coronavirus Job Retention Scheme has been extended until 31 March 2021. The Chancellor has effectively reverted the scheme back to the August provisions, namely, that the Government will cover 80% of furloughed employees’ wages for businesses affected by the COVID-19 restrictions. Employers will be required to pay national insurance and pension contributions. Government contribution up […]
False accusations at work: HR help
Employers are required by law to deal with complaints or grievances at work fairly and lawfully. Handling such issues, however, becomes further complicated if you suspect the employee may be making a false allegation. False accusations at work can relate to any kind of untrue claim of wrongdoing made by an employee. While some accusers […]
Reasonable travelling distance: employer guide
If you are relocating to new premises, or asking an employee to move to another office or branch, you will need to understand how you can legally request a move. This includes exactly how far you can expect an employee to travel to their new place of work. However, the employment law rules relating to […]
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 […]
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 […]