The duty to make reasonable adjustments for disabled employees and applicants arises where a disabled person is put at a substantial disadvantage due to the working environment, both physically and practically, when compared to someone who is not disabled. The obligation was first introduced in the Disability Discrimination Act 1995 and this has been retained in the Equality Act 2010. Where the duty arises, an employer must consider ways in which it may change the working environment to eliminate the disadvantage. Read more
Here at Pure Employment Law we often advise employers on situations involving employees who resign, or threaten to resign. Unfortunately there are a lot of misconceptions and myths about resignations, so we wanted to lay some of the most common ones to rest. Read more
At this time of year, employment lawyers often have a Scrooge-like reputation, warning of potential claims that can arise from the work Christmas party. In fact, claims arising from Christmas festivities aren’t as common as some people would have you believe – but they do happen. Read more
The weather conditions in the UK have played havoc with our normal routines – trains, buses and aeroplanes have been cancelled, and travelling by car has been treacherous in many areas. Schools have been closed, meaning that parents have had to stay at home to look after their children. With adverse weather conditions set to continue during and after the Christmas period, employers are having to find ways to manage the situation. We look at some of the tricky issues that our clients have asked us about: Read more
The announcement that Prince William and Kate Middleton’s wedding is to be marked by an extra Bank Holiday on 29 April 2011 will be great news for many people – but it is likely to leave some employers confused about their position.
This article first appeared on the People Management website.
A drafting problem in the Equality Act 2010 means that there is a risk that it is not possible to validly settle claims under the Act using a Compromise Agreement. The Equality Act came into force on 1 October 2010 and applies to any discrimination claims arising since 1 October, or to ongoing issues that started before that, provided that they have continued beyond that date. Read more
The ACAS Code of Practice was designed to “help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace”. Redundancy dismissals and non-renewal of fixed-term contracts are expressly excluded from the ACAS Code of Practice. However, there is no mention of dismissals for ‘some other substantial reason’. Read more
In a recent case, Celebi v Scolarest Compass Group, the Employment Appeal Tribunal (EAT) illustrated how important it was for employers undertaking disciplinary investigations and hearings to make it clear to the employee exactly what they are being accused of. Read more
During the late 1980s and early 1990s it became clear that when there was a change in the provider of a service, that change may well be governed by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). This meant that when for example local authorities outsourced their refuse collection services, TUPE applied. When TUPE was revised and became TUPE 2006, service provision changes were expressly included in the legislation. The Conservative party stated in April 2010, before the election, that they would seek to rein in these provisions, but the coalition government have now stated that they have no intention of changing TUPE. Read more
The current recession has already caused large numbers of redundancies, and in the Comprehensive Spending Review it was announced last week that there will be hundreds of thousands more across the public sector. In this article we look at the provisions regarding collective consultation, and what happens if employees claim that the rules have been breached. Read more