Law Updates

Mutual trust and confidence – and suspension

8th August 2019 by Amanda Okill

It is now well established that employers should think carefully before deciding to suspend an employee pending a disciplinary investigation....

Disciplinaries and criminal proceedings

8th August 2019 by Amanda Okill

In professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for...

The Good Work Plan

8th August 2019 by Andrew Masters

Following the Taylor Review on Modern Working Practices, the government has proposed changes to employment law. The following changes to employment...

Shared parental leave and enhanced maternity pay

8th August 2019 by Tessa Robinson

Since the introduction of shared parental leave in 2015 there has been a debate about whether employers who pay an...

Holiday pay, overtime and voluntary overtime

8th August 2019 by Andrew Masters

It has been established for some time that when workers are required to work overtime on a regular basis, then...

Negative stereotype, sex and maternity discrimination

8th August 2019 by Amanda Okill

In many cases of direct discrimination there will be no direct evidence of discriminatory intent for the Tribunal to go...

Disability discrimination and perception of victim

8th August 2019 by Amanda Okill

One of the factors that can make dealing with allegations of harassment difficult is that conduct that one person finds...

Disciplinary warnings and dismissal

8th August 2019 by Andrew Masters

In Beattie v Condorrat War Memorial and Social Club, Ms Beattie was employed as a bar steward. In July 2015...

Worker status – Intermediate category between employed and self-employed

8th August 2019 by Andrew Masters

Worker status has expanded recently and affects the public sector. In Braine v The National Gallery, an employment tribunal has held...

Changes to online ‘right to work’ checks

8th August 2019 by Tessa Robinson

The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals...

Maternity leave discrimination

8th August 2019 by Tessa Robinson

An employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS...

Assisted Suicide and Inheritance

10th April 2019 by Melanie Christodoulou

“Prosecution” Ruled a Key Factor in Waiving the Forfeiture Rules The Forfeiture Rules are a set of rules laid down by...

Long-term sickness and dismissal

31st January 2019 by Amanda Okill

Incapacity is a potentially fair reason for dismissal. And while the dismissal of an employee who is on long-term sickness...

Worker status and the right to union recognition

31st January 2019 by Andrew Masters

Most of the cases dealing with the employment status of workers in the gig economy have concerned claims for paid...

Disability Discrimination and early retirement

30th January 2019 by Tessa Robinson

One of the many differences between direct discrimination and discrimination because of something arising in consequence of an employee’s disability...

Meaning of disability

30th January 2019 by Amanda Okill

Some conditions are excluded from the definition of disability. A tendency to steal, set fire to things or abuse others...

Limiting discrimination claims

30th January 2019 by Amanda Okill

Tribunal hearings can be a complicated business, especially when there are multiple allegations of discrimination to wade through. An Employment...

Minimum Wage and ‘sleep-over’ shifts

30th January 2019 by Andrew Masters

A case of particular importance to the care sector is the Court of Appeal decision in Royal Mencap Society v...

Redundancy and alternative work

30th January 2019 by Amanda Okill

Any employer proposing to make an employee redundant should consider whether there is any alternative work that might be offered...

Resignation and unfair dismissal

30th January 2019 by Tessa Robinson

If an employee gives notice of resignation and the employer accepts it, then the normal rule is that the employee...