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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We can advise you of significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. As always, we will be focused on how the law will affect your workplace in practice, so that you can be best equipped to deal with any changes.

Flushing out employment status issues

Flushing out employment status issues

28 February 2017 by Marianne Wright

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 case, Pimlico... read more »

Like a prayer – employees attending religious festivals

Like a prayer – employees attending religious festivals

27 February 2017 by Anna Rabone

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 a request for holiday... 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?

28 February 2017 by Marianne Wright

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. When Ms Thorp arrived... read more »

Dismissing employees with short service - traps for the unwary

Dismissing employees with short service - traps for the unwary

27 February 2017 by Peter Stevens

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 have sought advice prior... read more »

Brexit – latest key points for employers

Brexit – latest key points for employers

28 February 2017 by Nicola Brown

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 view, I have picked... 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?

30 January 2017 by Nicola Brown

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 to act? Can an... read more »

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

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

31 January 2017 by Marianne Wright

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 to a disability. Mr Herry was... read more »

Constructive dismissal - why did he leave his post?

Constructive dismissal - why did he leave his post?

26 January 2017 by Peter Stevens

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, and there is a... read more »

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