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Category: "news"

Flushing out employment status issues

Flushing out employment status issues

Hot on the wheels of the recent Employment Tribunal decisions that Uber drivers and a CitySprint courier were workers (rather than self-employed), the Court of Appeal has recently considered another case of employment status, this time in relation to a plumber working for Pimlico Plumbers. The... read more »

Like a prayer – employees attending religious festivals

Like a prayer – employees attending religious festivals

Holiday requests from employees are usually straightforward, but sometimes difficulties can arise. For example, what about an employee requesting a lengthy period of time off? Most employers limit holiday to no more than two consecutive weeks at a time, unless agreed otherwise on occasions. The added complication can be where... read more »

Dress codes requiring female workers to wear high heels – a tall order?

Dress codes requiring female workers to wear high heels – a tall order?

You may have seen the press coverage last year (and our previous article) about Nicola Thorp who worked as a temporary receptionist. Her agency, Portico, had a dress code in place at the time which required female staff to wear heels of between two and four inches.... read more »

Dismissing employees with short service - traps for the unwary

Dismissing employees with short service - traps for the unwary

We are often asked by our employer clients for advice on dismissing employees who have less than 2 years’ service – the qualification period employees need in order to bring a claim for ordinary unfair dismissal (strictly it is 103 weeks' service). Generally the advice is straightforward, and those clients who... read more »

Brexit – latest key points for employers

Brexit – latest key points for employers

Earlier this month the Government published its white paper “The United Kingdom’s exit from and new partnership with the European Union.” Basically I have read it so that you don’t have to! Although not all of the white paper is relevant from an employment law point of... read more »

Can you dismiss for gross misconduct for something an employee didn’t do?

Can you dismiss for gross misconduct for something an employee didn’t do?

It is of course very well-established law that if an employee does something which amounts to gross misconduct, this entitles their employer to terminate their employment without notice (summary dismissal). But what if the problem has arisen from the fact that the employee has done nothing, i.e. a negligent failure... read more »

Work-related stress: a reaction to adverse circumstances or a disability?

Work-related stress: a reaction to adverse circumstances or a disability?

As we have covered previously, an employee needs to fall within the definition of disability under the Equality Act 2010, in order to have protection against disability discrimination. In the recent case of Herry v Dudley Metropolitan Council, the Employment Appeal Tribunal considered whether work-related stress may amount... read more »

Constructive dismissal - why did he leave his post?

Constructive dismissal - why did he leave his post?

In order to succeed in a claim for unfair constructive dismissal, the employee has to show two things: first, a fundamental breach of contract by his employer; and second that he resigned because of that breach. The normal defence from an employer is that there was no fundamental breach,... read more »

Changing gear? - CitySprint bike courier is a worker, not a self-employed contractor

Changing gear? - CitySprint bike courier is a worker, not a self-employed contractor

The ‘gig economy’ (where people are engaged and paid by companies on a job-by-job basis) continues to generate headlines and give rise to cases in the Employment Tribunals. Hot on the wheels of the Uber case (which we reported on here) comes another employment status case this... read more »

Gender pay reporting – Regulations finally published

Gender pay reporting – Regulations finally published

Finally, after several delays, the Government have published the revised version of the draft Regulations, with the aim of bringing the gender pay reporting requirements into force from 6 April 2017. The revised Regulations were published on 6 December 2016, and contain some important revisions which have been made as... read more »

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