Employment tribunal claims can be costly, time-consuming, and damaging to a company’s reputation. Navigating employment law can be a daunting task for employers. With a complex web of regulations and statutes, it is, therefore, crucial for businesses...

Following our look ahead at the raft of employment updates in January’s newsletter , staying informed and proactive of the upcoming changes is crucial for employers to ensure compliance and foster a positive workplace. With so many updates...

As we kick off 2024, various employment law changes have been announced recently, which are due to come into force over the course of the year. Staying informed and proactive of the upcoming changes is therefore crucial to ensuring compliance and fostering...

September marks World Alzheimer’s Month which aims to raise awareness and challenge stigma surrounding Alzheimer’s and dementia.  In any workplace, the illness or incapacity of an employee or worker can pose any number of issues - for both...

Between June and December 2022, a pilot study was undertaken in the UK in which 61 UK based companies with more than 3,300 employees trialled a four-day working week based on the 100:80:100 model. Workers received 100% of their pay for working 80% of their...

Christmas is approaching and many of us will be looking forward to some well-deserved time off and time away from the workplace. Christmas is seen by many as a time to rest, contemplate and be with family and friends while businesses wind down a little or...

Many family businesses employ siblings or other family members. Working with siblings can be rewarding and have many benefits but it also comes with its own set of problems. A common and uncomfortable issue is where one sibling chooses not to pull their...

This article is written for family businesses who are in the middle of a dispute and where swift action is required. If your business is going through a dispute but it is not yet at this stage, you may benefit from reading “ Mediation, arbitration...

Following our Wednesday Webinar session . This is the fifth in a series of daily articles that aims to expand upon some of the points raised and inform you of our perspective of where things currently stand during this period of U-turns and...

Following our Wednesday Webinar session . This is the third of a series of daily articles that aims to expand upon some of the points raised and inform you of our perspective of where things currently stand during this period of U-turns and governmental...

Finn v The British Bung Manufacturing Company Ltd The claimant was an electrician who worked for the respondent for 24 years. On 24th July 2019, the claimant became embroiled in an exchange with Mr King, a shift supervisor at the respondent’s...

As a company director, you may be well aware of the employment rights of your employees. But are you aware of your own employment rights as a director? Directors have different employment rights, depending on what type of role you have and your employment...

Sometimes with the day to day running of a business it is easy to push aside ‘housekeeping’ matters, such as updating employment contracts and staff handbooks. However, more often than not, we encounter a number of enquiries from employer...

Employers often have to manage situations where an employee raises a multiple number of complaints, sometimes as a tactical move to stall a disciplinary process. In some circumstances such complaints can have employers asking whether they are able to treat...

Start the new year off right, by making sure you are aware of following the employment law updates: Changes to testing and self-isolation On 13 January 2022, the Health Secretary announced that the isolation period was being cut again, from seven days to...

Over the years I have come across all manner of employment issues in family owned businesses.  They range from a fallout between family members which might leave the business in complete limbo as no one person can make a decision, to non-family...

The government has published its response to the 2019 consultation on sexual harassment in the workplace.  The consultation was launched following the publication of the Women and Equalities Select Committee (WESC) report on sexual harassment in the...

Many employees will have been working from home during the Covid-19 pandemic and given the recent Government announcements removing the work from home requirement and guidance (in England) some may not be looking forward to returning to the workplace.  ...

Blog updated 12/7/21 Some contracts of employment entitle the employee to a death in service benefit of two to three times the annual salary if they die in service. However, employers will often caveat the payment by drafting the clause in such a way...

On January 5 2021, a third national lockdown was announced and the message that we have all come to know so well, ‘stay at home’, was reintroduced. Whilst individuals are allowed to travel to go to work, they should only do so if they cannot...

IR35 is due to come into force on 6 April 2021.  The Joint Industry Board (JIB) has issued a report on direct employment in the construction sector .  It suggests that contractors should be employed because it believes direct employment will...

A big part of the success of every business is its staff. Do you look after yours? The idea is important, of course, and that came from inside the head of a person. The structure is also important; thought through by a person. Delivery, equally so...

The UK will be leaving the European Union on 31 January 2021 and will enter into a period of transition which ends on 31 December 2021. During the transition period, freedom of movement rights continue, but employers have naturally and sensibly been...

A criminal investigation was being conducted into alleged sexual offences. A detective found messages sent via WhatsApp on a phone belonging to another police officer which included a photograph of a female suspect in a cell. The messages had been sent to...

Employers are often irritated by weak claims being made in the Employment Tribunal, especially since an employee no longer has a fee to pay to commence the claim. However, if the claim is weak, an employer can make an application to have the claim struck out...

A claimant may have difficulties in pursuing an employment claim where his employer or former employer has become insolvent and the company has gone into administration. The Insolvency Act states that where a company is in administration, no legal process...

The Reform will affect both public and private limited companies, if they meet the certain thresholds explained below. What changes do companies need to be aware of? Engaging with employees: All companies with 250+ employees must include, within their...

A recent Court of Appeal decision (Harpur Trust v Brazel) has shown how holiday pay must be calculated for term time, casual or seasonal workers on irregular hours, and zero hours workers. It could have implications for the construction industry where...

Social media is prominent in today’s technological world. Whether it’s used personally, for business or both, social media and messaging services such as WhatsApp are rarely far from our fingertips. The rise of social media means it’s...

Employment law and HR expert Julie Temple has returned to her roots after 15 years – re-joining leading Essex law firm, Birkett Long, as Partner and Head of Employment and BLHR. She previously trained and qualified as a solicitor with the firm. ...

Disability discrimination can occur if an employer treats an employee unfavourably because of something arising in consequence of their disability and cannot show that the treatment was justified. The employee has to show the “something” arising...

Since 6 April 2014, a tribunal has the power to order an employer, who has lost a case, to pay a financial penalty to the Secretary of State where the tribunal considers that a breach of the employee’s rights had aggravating features. With effect from...

There are a number of important employment law changes taking place this year of which businesses should be aware. I’ve set out some changes that are happening imminently below. All public sector organisations with over 250 or more employees as at 31...

A scheme exists where employers who have underpaid the National Minimum Wage (NMW) are named. This “naming and shaming” is done with a view to deterring employers from paying less than the NMW. Since April 2016, financial penalties can be...

Employers who have restrictive covenants in their contracts of employment will appreciate the recent Court of Appeal decision in Dyson Technology Limited (Dyson) v Pellerey, where the Court of Appeal upheld the High Court’s decision to grant an...

In 2014, the government indicated that it was concerned whether umbrella companies were being used to avoid employment obligations, tax or paying the national minimum wage. An umbrella company invoices the client (end user) for an individual’s...

Only in exceptional circumstances can an employer withhold wages . The fundamental terms of an employment contract are that the employee provides the services and the employer pays for those services.  What should you do before seeking...

A recent decision of the European Court has brought this issue back into the news. In the case the Court heal that stand-by time spent at home but within 8 minutes travel of a workplace was 'working time'.   The question of whether a worker...

Before the Age Discrimination Regulations came into force, an employer could include a retirement clause in the contract of employment stating that employment will terminate upon the employee reaching their 65th birthday. An employee aged 65 or over did...

Artificial Intelligence (AI) programmes have boomed in recent years, yet we are still a long way off the apex of this technology. Whilst the concept of AI covers a wide range of technological applications, the problem arises when trying to regulate and...

When talking business in a pub, over a drink or two, could you inadvertently create a legally binding contract? For a contract to be binding there must be an offer, acceptance, an intention to be legally binding, consideration and certainty.  Contrary...

There have been a number of cases recently where the courts have determined when holiday pay is payable and what the worker should be paid whilst on leave. It was made clear that the worker was entitled to be paid “normal pay” when on...

Before a claimant can make a claim in the Tribunal, they must comply with the statutory duty to contact ACAS and engage in Early Conciliation (EC). When it ends, ACAS sends an EC Certificate and the claimant can issue a claim form. To ensure claimants are...

Those who intend to buy a business, or who are bidding for a contract to provided services from a competitor (a service provision change), must undertake due diligence before completion of the transfer! When buying a business, the buyer will normally...

The Ministry of Justice has launched a website where all Employment Tribunal judgments can be accessed.  Judgments from as far back as 2015 have been uploaded and from now on, all judgments will be available online. The website was created following...

Claims against an employer can be costly – in both time and financial terms.  All the more important, therefore, to make sure settlement agreements are well worded. When a claim is made, the employer has an option to settle the matter through...

All of us who travel on public transport have seen seats and spaces allocated for disabled users. But what does that actually mean? What happened? In a recent case, a disabled person in a wheelchair wished to board a bus but the wheelchair space was...

Last month, the employment tribunal introduced a process of judicial assessment. The aim of judicial assessment is to help in the settlement of employment tribunal litigation. It is a process whereby an employment judge will make an initial assessment...

The Medical Defence Union has warned that there are various websites offering advice on how to forge a sick note or that allow a person to buy a replica NHS sick note. It also warns that it has become easier to forge doctors’ signatures with editing...

In most cases the termination of employment is clear and unambiguous. But when a dispute arises and a case is taken to the employment tribunal, the tribunal will require evidence  that the employer dismissed. In a recent case, Miss K was an agency...

Essex law firm Birkett Long has been praised by client Runwood Homes after its specialist healthcare team advised on a deal that saw the Benfleet-based organisation buy three care homes in Northern Ireland, making national news there. Runwood Homes...

The 4th of May 2016 saw the Royal Assent of what is now the Enterprise Act 2016 (the “Act”). The Act covers a wide range of topics, which the government intends will help secure the economic growth of the UK. In so doing, the Act includes the...

Direct race discrimination occurs where, because of race, a person treats another person less favourably than they would treat others. An employee claiming race discrimination therefore needs to demonstrate less favourable treatment when compared to a real...

When employers are asked for references most want to be open and honest, but a recent case shows the dangers of providing a negative reference for an ex employee. In this case Miss K had been employed by Coventry Council.  She had had two operations,...

In the civil courts a claim for breach of contract must be brought within 6 years of when the breach occurred.  Employees can also bring to the employment tribunal breach of contract claims arising from their contract of employment, within 3 months...

Under the Equality Act, discrimination “arising from a disability” occurs when an employer treats an employee unfavourably because of something arising in consequence of the employee’s disability, and it cannot establish that the treatment...

When an employer proposes to make 20 or more employees redundant within a period of 90 days, it must fulfil its consultation obligations under S.188 of The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). The aim of consultation is to...

Heritage Homecare Limited (“HHL”) has successfully appealed a finding of ‘direct disability and discrimination arising from disability’ due to the failure of the employment tribunal to properly explain its decision.  The case...

When an employee is invited to attend a disciplinary hearing they may try to delay matters by lodging a formal grievance and insisting that the grievance is dealt with before the disciplinary hearing takes place. The employer is obliged to investigate any...

Prudent employers will have an alcohol and drug policy in place.  That policy usually states that alcohol or drug misuse is a disciplinary offence, and often such policies make it clear that a breach of the company’s alcohol/drugs rules will...

The ACAS Early Conciliation procedure (EC) was introduced on 6 April 2014 and became mandatory for claims presented on or after 6 May 2014.  Before a prospective claimant can institute proceedings, they must comply with the duty to participate in...

Staff handbooks can be very useful for both employers and employees.  It is vitally important, however, that employers make it clear to their staff that handbooks do not form part of their employment contract.  Terms of a contract can only be...

Employers will be aware of a recent decision that non-guaranteed overtime must be taken into account by employers when calculating holiday pay for the minimum 4 weeks’ statutory annual leave – as required by the Working Time Directive.  ...

Employers are dismayed when one of their employees is paid sick pay but they later discover that the employee was working elsewhere.  Employees have been known to argue that working in a different job was “therapeutic” or “helped...

If you have lost your job or are in the process of losing it, you should take steps to understand your rights.  You may be protected against unfair dismissal, wrongful dismissal or unlawful discrimination, or be entitled to a redundancy payment or other...

The underlying principle of equal pay is that men and women should receive the same pay for the same work.  So where a person is employed to do work that is equivalent, or of equal value, to someone else, they are entitled to be paid the same. Most...

Employees are entitled to take a reasonable amount of unpaid time off work to deal with situations affecting their dependants.  Legislation does not limit the amount of time an employee can take but, in most cases, it is likely to be a few hours or, at...

In 2003 the Employment Appeal Tribunal clarified that obesity was not an impairment in itself when determining whether a person was disabled within the meaning of the Equality Act. However, it said that where a claimant was obese, a tribunal might more...

An employee can claim constructive dismissal if they are able to show that the employer committed a repudiatory breach of contract, that the employee accepted that breach, treated the contract at an end and, in response, resigned from their employment. ...

It is frustrating for employers when an employee leaves work without giving or working their contractual notice period. After all, the notice period is there to give the employer an opportunity to find and interview a suitable replacement. An employee who...

The settlement of an employment tribunal claim must take one of three forms: The terms of settlement are set out in the body of a tribunal judgment or in a schedule/annex to that judgment An ACAS conciliated settlement, known as a COT3, or A settlement...

One of the best ways to fund litigation is through legal expenses insurance.  Such insurance is often included as part of a household, travel, pet or a motor insurance policy. Most policies cover legal fees and disbursements up to £50,000 or...

A recent case confirms that there remain some scenarios where employers will not be held liable for the actions of wayward employees. For an employer to be liable for the negligence of an employee the following three elements must be present: 1.There...

Employers will be aware that they can be vicariously liable for acts of their employees if that act was carried out “in the course of their employment”.  For example, an employer will be liable for a road traffic accident caused by his...