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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.

Attendance bonus was discriminatory

Attendance bonus was discriminatory

26 February 2015 by Peter Stevens

Not unreasonably, employers generally want their employees to turn up for work on a regular and consistent basis.  That said, everyone will become sick from time to time, so some level of absenteeism is inevitable.   Some employers operate some form of additional incentive for employees who have a good sickness record, and it... read more »

Flexibility clauses - how effective are they?

Flexibility clauses - how effective are they?

26 February 2015 by Nicola Brown

Nowadays it is fairly common to see a ‘flexibility clause’ in employees’ terms and conditions of employment. The idea of these is to give the employer the ability to make changes to the terms where necessary. However, in the recent case of Norman and others v National Audit Office, the Employment Appeal... read more »

Tribunal time limits and early conciliation

Tribunal time limits and early conciliation

26 February 2015 by Peter Stevens

In May 2014, the ACAS Early Conciliation Scheme became compulsory for claimants wanting to bring an Employment Tribunal claim.  The scheme requires that the claimant contacts ACAS and obtains an Early Conciliation Certificate prior to submitting their claim in the Employment Tribunal. The intention of the scheme is to promote settlement and reduce... read more »

New rates and limits for redundancy payments and unfair dismissal

26 February 2015 by Nicola Brown

As from 6 April 2015 the rates and limits for employment claims will increase in line with the RPI. The main one for employers to be aware of is the limit on a week’s pay which is relevant to statutory redundancy payments as well as the basic award in unfair dismissal cases. * The... read more »

Dealing with older workers

Dealing with older workers

26 February 2015 by Nicola Brown

I was recently asked to give a presentation to a group of employers in the care sector about the issues involved in dealing with workers over 65. There was a lot of interest from the audience, so I thought it would be helpful to do an article about it, as the issues apply... read more »

Long term absence - how long should a employer wait?

Long term absence - how long should a employer wait?

29 January 2015 by Peter Stevens

We are frequently asked to advise employers on how to deal with employees who have been off sick for a lengthy period of time.  But how long should employers wait until dealing with the problem? In The Independent there was recently an article about an Indian civil servant who had been dismissed –... read more »

Surgeon with depressive anxiety disorder was not disabled

Surgeon with depressive anxiety disorder was not disabled

29 January 2015 by Nicola Brown

We deal with a number of queries from clients regarding staff with mental health problems such as depression and anxiety. We advise employers that employees with these conditions may meet the definition of disability and therefore the employees may be protected from discrimination under the Equality Act 2010. The recent case of read more »

Does the duty to make reasonable adjustments apply even when the employee isn’t fit to return to work?

Does the duty to make reasonable adjustments apply even when the employee isn’t fit to return to work?

29 January 2015 by Nicola Brown

The duty to make reasonable adjustments comes from the Equality Act 2010 (and before it, the Disability Discrimination Act 1995). Where an employee meets the definition of disability and that disability puts them at a disadvantage, the employer is under a statutory duty to make reasonable adjustments to avoid that disadvantage. The duty to... read more »

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