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The new flexible working changes came into force on 6 April 2024 when the Employment Relations (Flexible Working) Act became law. What has changed? Individuals can make a flexible working request from day one of employment. ...
The government has published draft legislation entitled the Paternity Leave (Amendment) Regulations 2024, designed to provide more flexibility. The regulations will apply in all cases where the Expected Week of Childbirth (EWC) is on or after 6 April...
A recent employment tribunal has ruled against a manager who wanted to work entirely from home, sparking discussions about the future of flexible arrangements. Since the pandemic, the rise of flexible and hybrid working has significantly influenced how...
The UK Government is considering reinstating modest Employment Tribunal fees, aiming to cut taxpayer costs and promote early dispute resolution. On 29 January 2024, the Government published its proposal to reintroduce ‘modest’ fees in the...
In the fast-paced world of employment, emotions can sometimes run high, and people may make statements that they did not genuinely mean, did not intend to say, or soon after regretted saying. This can lead to impulsive decisions such as a heat of the moment...
The government has published a draft statutory instrument titled The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which contains various amendments to the law on TUPE, working time and holiday pay, which signifies a...
The case of Agnew v Chief Constable of Northern Ireland has been ongoing since 2018. It is one of many cases about holiday pay. Agnew concerns a significant number of claims by police and civilian staff for the payment of holiday pay correctly calculated...
Proposed amendments to the Equality Act 2010 have been progressing through Parliament. Under the Worker Protection (Amendment of Equality Act 2010) Bill, the following changes are anticipated: A slightly varied defence for employers is expected to be...
An incorrect choice of words has cost one employer £37,000 in compensation and a tonne of unwelcome media attention for all the wrong reasons. Mrs Anderson was an office manager employed by Thistle Marine for 27 years. She was hardworking and well...
According to data released by the Office of National Statistics, the UK has reached a record high in the number of people on long-term sickness absence. Data shows a record 26,000 additional employees recorded as economically inactive between April and June...
On 24 May 2023, three Acts of Parliament received Royal Assent representing an important step forward in the provision of additional employment law protection for parents and carers. The details of the new laws will be set out in secondary legislation,...
There are many considerations in the workplace when an employee has a disability. Dealing with these issues can be time consuming but getting it wrong could undermine employee relations, result in grievances or legal claims, and be costly both in legal fees...
When a claimant goes to an employment tribunal they are usually looking for compensation from their employer and often include a request to that effect in their claim form. In preparation the claimant will ordinarily be required to prepare a document for...
The Women and Equalities Committee (the Committee) published its first report entitled “ Menopause and the workplace ” on 28 July 2022. Within the report, various recommendations were set out with the view to support women going through...
Every year, in and around April, various statutory minimum payments are reviewed. Below are a list of the payment reviews and when they will take effect: National minimum and living wage (1 April 2023) Age group 1 April 2023 ...
Gender pay gap reporting is required by private or public sector employers who have 250 or more employees. The applicable date to check the headcount is 5 April for the private sector and 31 March for the public sector. This is often called the snapshot...
When the so-called statement of fitness for work (or ‘fit note’) was introduced in April 2010, one of the advantages to me as an employment solicitor advising both employees and employers, was that a GP had options to say the individual was...
I have long been of the view that many organisations do not proactively manage employee absence (whether the absence is long or short). I am also of the view that a failure to proactively manage absence has the potential to equate to acceptance or condoning...
Have you heard of National Sickie Day? Employment law firm ELAS Group first discovered this day in 2011, when it estimated up to 350,000 employees would call in sick on the first Monday in February, which happens to be today (6 February...
From September 2021 to December 2021, the Government ran a consultation: Making flexible working the default - GOV.UK seeking views from individuals and businesses on proposals to reform flexible working regulations as it recognised that: ...
Recent publications regarding former cabinet minister, Sir Gavin Williamson’s, conduct towards his colleagues certainly make for interesting reading. Allegations include him sending a barrage of expletive-laden text messages to ex-Chief Whip, Wendy...
Over the weekend, a public holiday was announced for the King’s Coronation. The Coronation itself is taking place on 6 May 2023 and the bank holiday will fall on 8 May 2023 . This is an additional public holiday to the one that traditionally...
At the new Chancellor’s mini-budget in September, a number of regulatory reform announcements were made, one of them being a change to the off-payroll working rules, also known as IR35. What is changing in the law From 6 April 2023, contractors who...
If, like me, you are a fan of TikTok, you may have seen the most recent trend in the workplace that has been doing the rounds recently: “quiet quitting”. Videos have been posted by workers about doing the bare minimum to complete tasks at...
Lots of organisations are accused of jumping on the bandwagon, ‘woke’ practices and ‘virtue signalling’ during awareness days, weeks and months and this undermines the hard work many individuals and organisations invest in to create...
The Minister for Work and Pensions (Lords) and Minister for Women has confirmed that the government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010 or to implement dual discrimination. The...
I am a Chartered Legal Executive, working within the private client department which covers wills, lasting powers of attorney, trusts and probate. I prepare lasting powers of attorney for my clients and can complete all necessary requirements...
This is the offer that Stephenson Harwood, an international law firm, made to its employees recently. The firm announced that employees who choose to work from home on a permanent, full-time basis, would be subject to a 20% pay cut and would be required to...
On Thursday 17 March 2022, P&O Ferries sacked 800 members of their crew on grounds of redundancy by way of a video message, in what they said was a “very difficult, but necessary decision to secure the viability of the business.” The...
In my blog dated 27 August 2021 , I wrote that the COVID-19 adjusted right to work check measures were being extended until 5 April 2022 inclusive. The Government announced on 24 February 2022 that these measures will now end on 30 September 2022 . ...
On 27 August 2021, I provided an update for our blog which informed that the changes to right to work checks (i.e. allowing checks to be carried out over video calls and allowing applicants to send scanned documents/photos rather than originals) put in...
The case of Rooney v Leicester City Council. Ms Rooney’s Claims Ms Rooney started working for the council in 2006 as a social worker. She resigned in 2018, in part, because she felt that her managers had failed to support her during the...
On 22 October 2021, a private members bill, which intended to legislate against ‘fire and rehire’ practices, was blocked by MPs. Fire and rehire is a controversial tactic that can be used by employers who wish to change their employee’s...
There are some useful learning points for employers to note following a recent tribunal, please see below: The Employment Appeal Tribunal (EAT) heard the case of Stott v Ralli Ltd EA-2019-000772-VP on 16 June 2021 and It was published on 19 October...
A subject access request (SAR) is a mechanism under the data protection legislation (UK GDPR) to request all information that an organisation holds in relation to an individual. Over recent years, we have found a sharp increase in the number of SARs...
Nando’s is the latest well-known high-street group to be affected by what is being referred to as the “pingdemic” this summer. Disruption within the UK supply chain has led to a shortage of Nando’s famous Peri Peri Chicken,...
Furlough was introduced in early 2020 with the intention being to maintain job security for employees during lockdown. Initially, the Government paid 80% of an employee’s wages up to £2,500. The scheme is being wound down and from 1 July 2021...
Employees who have been dismissed, discriminated against or who are in dispute with their employers may be able to make a claim in the Employment Tribunal. Tribunals were first established in the 1960’s to provide a forum for employers and employees...
On 19 February 2021, the long-awaited judgement in the case of Uber BV v Aslam was handed down by the Supreme Court. It was unanimously ruled that Uber drivers are not self-employed, as Uber themselves argued, but are workers and are therefore entitled to...
Michael Austin, a paint sprayer, has been awarded £28,560 after his dismissal from A1M Retro Classics (A1M) was ruled unfair. Mr Austin was employed by A1M for 5 years until he was summarily dismissed on 18th February 2020. On 13th February...
Roo Rawal, a postal worker, was employed by the Royal Mail for 17 years until his dismissal for Gross Misconduct in 2017. Prior to his dismissal, he had a clean disciplinary record. The reason for the dismissal The disciplinary allegations followed a...
In order to assist the rescue of failing businesses, the Transfer of Undertakings Regulations (TUPE) include specific insolvency provisions which allow transferees of insolvent businesses greater flexibility than would otherwise be the case. Where the...
Although the Coronavirus pandemic has restricted travel both within and outside of the UK, many employees have travelled abroad to visit family, either for the festive celebrations or for longer periods. Whilst this creates a range of potential...
With Boohoo purchasing some of the assets of department store Debenhams, it is believed that its stores will not reopen, except to sell off stock. So, what does this mean for Debenhams’ employees? In many cases, if business A buys the shares of...
Following Brexit, there will be changes to the way in which all migrants come to the UK to work. From 1 January 2021, free movement will end and a points-based immigration system, applying equally to EU and non-EU citizens, will be introduced. Under...
Last year, in the case of Chief Constable of Leicestershire v Hextall, the Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than a woman received whilst on maternity leave. Hextall asked for permission to...
A Tribunal has determined that ethical veganism is a ‘philosophical belief’ and is capable of protection from discrimination. Jordi Casamitjana, an ethical vegan, claims that he was treated less favourably by his employer because of his...
