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Can you discipline staff members or even dismiss them for having a workplace relationship?

Kirsty Hunt
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On Monday it was confirmed that McDonald’s Chief Executive (Steve Easterbrook) had been dismissed for violating company policy because he had “demonstrated poor judgement involving a recent consensual relationship with an employee”. So, is...

Do you have the right to time off work when a family member or a pet dies?

Kirsty Hunt
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In recent news, Emma McNulty (18) was sacked from her job for taking a day off work when her beloved family dog sadly died. This has caused much discussion in the media about the right to time off work, particularly when suffering a bereavement. So do you...

ACAS Report demonstrates effectiveness of Early Concilliation process

Kirsty Hunt
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ACAS has recently published their annual report which confirms that the number of Early Conciliation cases has risen by 20% since last year, with just over a quarter of those cases going to the Employment Tribunal.  This report clearly demonstrates that...

Covert Recordings

Kirsty Hunt
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Can you discipline an employee for making a covert recording? The simple answer is yes! In the recent case of Phoenix House Limited v Stockman heard by the Employment Appeal Tribunal, it was confirmed that it is best practice for both employers and...

10 things you should know at an Employment Tribunal

Kirsty Hunt
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1. What are Employment Tribunals?  Employment Tribunals are independent judicial bodies who resolve disputes between employers and employees over employment rights. They will hear claims such as unfair dismissal, breach of contract, discrimination,...

Shared Parental Leave

Kirsty Hunt
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Does it amount to discrimination if an employer enhances maternity pay but does not enhance pay for those taking shared parental leave?   No, held the Court of Appeal in the case of Capita v Ali and Hextall v Chief Constable of Leicestershire...

Could this be the biggest reform employment law has seen in the last 20 years?

Kirsty Hunt
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New proposals issued by the Government to protect workers following Matthew Taylor’s Good Work Review.  Could this be the biggest reform employment law has seen in the last 20 years yet? Proposals include workers’ rights (not just employees)...

Uber drivers get an early Christmas present

Kirsty Hunt
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Uber drivers get an early Christmas present and win Court of Appeal case!  After an ongoing battle to obtain basic employment rights, Uber drivers have finally been declared “Workers” thereby entitling them to the minimum wage and holiday...

On the up after the Unison judgment?

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Back in July, the Supreme Court removed the requirement to pay a fee in order to bring a claim in the Employment Tribunal. Recent statistics from the Employment Tribunal show that the number of cases received by Employment Tribunals rose by 90% to...

Employment Autumn update

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Employment Tribunal fees – refund scheme open to all If you paid Tribunal fees between 2013 and 2017, you can now reclaim these.   There is an “online form” to fill in (...

Applying for a refund for Tribunal fees - details announced

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You may recall that, in July this year, the Supreme Court ruled that the Employment Tribunal fees imposed by the Government in 2013 were unlawful.  The Government has therefore committed to refund all fees paid by Claimants.  For some Claimants,...

STOP PRESS - TRIBUNAL FEES RULED UNLAWFUL!

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It feels like it is time for some good news! In 2013, the Government introduced Tribunal fees for individuals bringing claims (but not for employers defending them).  At over £1,000 for most claims, it was unaffordable for many individuals (also...

Protection for parents of children with disabilities - and adjustments for Aspergers

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Two recent cases made me reflect on how our work championing children with special educational needs (and supporting their parents) intertwines with our employment practice - challenging discrimination at work. In Northern Ireland, the mother of a...

Plumbers and politics: still searching for the Philosopher's stone on employment status

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Since the decision in Uber, the Court of Appeal has dismissed an argument by Pimlico Plumbers that the relationship between them and their plumbers was a “business model” and found the plumber in question (Mr Smith) to be a “worker” and thus entitled to paid holiday, sick pay and the National Minimum Wage

8 March - International Women's Day

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Today is International Women’s Day: an annual celebration of the social, economic, cultural and political achievement of women. The theme for 2017 is ‘Be Bold for Change’ .  Some of the predictions and statistics around the...

Is your Uber driver working for himself - or for Uber?

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You may well have heard news report over the weekend to the effect that the 40,000 or so UK Uber drivers are now, in fact, “employees”.  Not quite – but nearly. My experience of listening to news reports on issues that I know about...

Travelling time is 'Working Time' rules the European Court of Justice

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Travelling Time – the time spent travelling to and from a first and last appointment by workers without a fixed office is to be regarded as “working time” the European Court of Justice has ruled. This time has not previously been...

Employment news from the first month of the new Government

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Fees for bringing an Employment Tribunal claim are here to stay The Coalition Government introduced fees for submitting claims to the Employment Tribunal in July 2013. The total cost of bringing an employment tribunal is now either £390 (for simple...

Overtime and holiday pay...unravelled

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Holiday pay has been in the headlines this week. Reports have stated that 1 in 6 workers or “millions of employees” can now claim extra holiday pay. This is an exaggeration of the actual position, which is a little more complicated, as Tamsin...