Employment case law update December 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Mandatory COVID vaccination & fair dismissal Ms C Allette v Scarsdale Grange Nursing Home Limited This is an unfair and wrongful dismissal claim arising from the summary dismissal of the claimant, Ms C […]
HR Glossary
Commonly-used HR phrases, words and terms explained. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | […]
Rules for suspending an employee
In some circumstances, suspending an employee may be unavoidable. Suspension could be due to health and safety or medical issues such as pregnancy, or more commonly, while a serious disciplinary matter is being investigated. In this guide for employers, line managers and HR personnel, we discuss the key considerations when suspending employees as part of […]
Employment case law update November 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Wrongful dismissal Hovis Limited v Louton The claimant, Mr Louton, worked for Hovis as a delivery lorry driver. It was reported by one of the company’s managers (Mr Sittre) that he and his […]
Employment case law update October 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Unfair dismissal Mrs A Rodin v Dhillons Management Services Limited The claimant was employed by DMS1, an HR supplier now known as Dhillons Management Services. It was unclear when her employment with the […]
How to spot a fake sick note
If you’ve been given a fit note by an employee and you’re not sure if it is genuine, would you know what to do? Employers should be prepared and trained to know how to deal with employees suspected of pulling sickies or exaggerating illness symptoms. It’s useful for managers and HR teams to be able […]
How to tackle employee burnout
Knowing how to spot and prevent employee burnout could not only help to improve productivity for your business but also avoid the temporary or permanent loss of a valuable member of staff due to work-related stress. In this guide for employers, we look at what employee burnout actually means and how to spot the signs. […]
Can you sack someone on sick leave?
As an employer, the law says you can sack someone on sick leave but you must have good reason and follow a fair dismissal procedure, or you risk costly employment tribunal claims. In this guide for HR, managers and employers, we explain the rules on sickness absence dismissals and share best practice advice on how […]
Employment case law update September 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Furlough & unfair redundancy dismissal Mhindurwa v Lovingangels Care The employee was a live-in care assistant for a sole elderly client. During the first lockdown in 2020, the client moved to live in […]
Employment tribunal costs for employers
If a workplace dispute cannot be resolved, employers may be forced to defend a claim before the employment tribunal. By understanding how the tribunal process works, including the steps involved and potential outcomes, employers can assess the most cost-effective way of dealing with an unresolved dispute while managing the employment tribunal costs that come with […]
Redeployment rights & redundancy
During the redundancy process, one of the requirements on the employer is to explore all suitable alternatives to making someone redundant. This could include considering options to redeploy the worker to a different role or a different part of the organisation. Redeployment, however, a complex area of the redundancy process, and employers must approach this […]
Employer vicarious liability rules
By law, employers can be held vicariously liable for certain acts of their employees. This means even where the employer has itself technically done no wrong, it can still be found responsible for employees’ actions and made to financially compensate the victim of the wrongdoing. The rationale behind the employer vicarious liability rules is to […]
Dealing with Sex Discrimination at Work
Sex discrimination refers to when someone is unfairly disadvantaged in the workplace because of their gender. Most sex discrimination is directed towards women, but it is equally unlawful to discriminate against a man because of his gender. Sex discrimination remains a common workplace issue, as can be seen by the number and type of employment […]
Employment case law update August 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. COVID-19 Automatically unfair dismissal Montanaro v Lansafe The claimant, Mr Montanaro, was employed by Lansafe Ltd from 17 February 2020 to provide services to Lansafe’s client. Mr Montanaro had arranged to take a […]
Long COVID sickness absence guide
For a growing number of people, coronavirus continues to cause a range of symptoms that last for several weeks or even months post-infection, leading to a diagnosis of long COVID. The symptoms can be so debilitating that it impacts their ability to work, resulting in long term sickness absence. The following guide for employers provides […]
Statutory Notice Periods: Employers’ Guide
Dismissing employees is part and parcel of running and managing a business. It can also expose employers to considerable legal risk. Not only does the reason for dismissal have to be lawful – such as conduct, performance or due to redundancies – the employee continues to have certain rights and protections throughout the dismissal process […]
Care Workers’ Vaccine Rules
Care sector employers are now under a legal obligation to ensure all care home workers in England are fully vaccinated by the cut-off date in 16 weeks. From 11 November 2021, Care Quality Commission-regulated service providers of nursing and personal care services in England must not allow entry into care homes for anyone who has […]
Do employees have the right to disconnect?
The right to disconnect has become a much-debated employment issue in recent years. With remote working a pervasive practice since the pandemic, boundaries have increasingly blurred between work and home life for more workers than ever, resulting in growing cases of stress and burnout. This has raised questions over whether workers should be given a […]
Termination of employment due to custodial sentence
What does it mean for an employer if one of their employees is convicted of a crime and sent to prison? In many cases, employers may be considering termination of employment, not least because the employee will no longer be available for work, but also due to associated issues such as bringing the company into […]
Employment case law update July 2021
Read on for our monthly digest for employers on upcoming employment law changes and key employment cases that have recently been decided. Right to form a trade union Independent Workers Union of Great Britain v Central Arbitration Committee The Court of Appeal has held unanimously that Deliveroo riders are not in an employment relationship and […]