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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.

Extra protection for members of the reserve forces

30 September 2014 by Peter Stevens

Peter Stevens As Britain’s armed forces get involved in another conflict in the Middle East, it is perhaps timely that the Government is introducing additional protection for reservists who are dismissed because of their membership of the Reserve Forces. With effect from 1 October 2014, the statutory qualifying period for unfair dismissal will not... read more »

Holiday pay based on actual earnings rather than basic pay?

29 August 2014 by Nicola Brown

Following the case of Lock v British Gas Trading (as covered in our May ebulletin here) we have had a lot of enquiries from employers asking what they should do about holiday pay. Unfortunately, the situation is still somewhat fluid at the moment and it is difficult to give any general advice until the... read more »

Disclosure - a cautionary tale about previous drafts

Disclosure - a cautionary tale about previous drafts

29 August 2014 by Nicola Brown

We have previously looked at the duty to disclose documents in proceedings in the Employment Tribunal (the article can be found here), and basically the duty is to disclose all documents which are relevant to the issue, whether they support your case or not.  There are some exceptions, and these were detailed... read more »

Can someone providing services through a service company be a worker?

29 August 2014 by Nicola Brown

Under employment law, a worker is not simply someone who works, because someone who provides labour could be categorised as an employee, as being self employed, or as being a worker.  The category of worker originates from European law and includes any person who provides personal service, but who is not genuinely in... read more »

Tattoos in the workplace - what's your view?

Tattoos in the workplace - what's your view?

29 August 2014 by Nicola Brown

What is your view on tattoos in the workplace? Attitudes towards tattoos in general have changed dramatically in recent years, and according to a recent survey one in five Britons now has a tattoo, with that number increasing all the time. However, a few employees who have been dismissed as a... read more »

TUPE changes: micro-businesses able to inform and consult with employees directly

29 August 2014 by Nicola Brown

We previously informed you about changes to the TUPE legislation – our article can be found here. The last of those changes came into force on 31 July 2014. A new regulation now provides that employers with fewer than ten employees may... read more »

Can a disciplinary penalty ever be increased on appeal?

Can a disciplinary penalty ever be increased on appeal?

31 July 2014 by Peter Stevens

In the recent case of McMillan v Airedale NHS Foundation Trust , the Court of Appeal had to consider whether the sanction of a final written warning issued by Airdale NHS Foundation Trust against Mrs McMillan could be increased on appeal. Mrs McMillan had been called to a disciplinary hearing in line with... read more »

Warning - a letter can have contractual effect!

31 July 2014 by Nicola Brown

Anna Rabone A recent case involving a Local Authority (Hershaw and ors v Sheffield City Council (2014)) has shown that a letter, in this case written by an HR consultant, can create contractual terms that an employer has to honour. The case concerned a group of employees (market patrol officers) who had their... read more »

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