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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.

Failure to respond to Subject Access Request proves costly

Failure to respond to Subject Access Request proves costly

29 November 2016 by Peter Stevens

Under the provisions of the Data Protection Act 1998, an employee has the right to make a Subject Access Request to their employer for copies of data held by the employer regarding them. There are complex rules under the Act as to the data which has to be disclosed, as well as the... read more »

Can a dismissal be fair if final written warning is “manifestly inappropriate”?

Can a dismissal be fair if final written warning is “manifestly inappropriate”?

30 November 2016 by Marianne Wright

Employers are often faced with making difficult decisions, particularly when taking disciplinary action against long serving employees who have a previously clean record. The recent case of Bandara v British Broadcasting Corporation (2016) provides a good example of some of the pitfalls to watch out for. Mr Bandara was employed by the BBC as a... read more »

Holiday pay and commission - the latest instalment

Holiday pay and commission - the latest instalment

23 October 2016 by Peter Stevens

In our February article we reported that the Employment Appeal Tribunal (EAT) had upheld the decision of the Employment Tribunal in the case of Lock v British Gas (2014). The decision was that an employee who is on holiday should be paid the commission that they would have earned had they not been... read more »

Discriminatory or not? – rejecting an “overqualified” job applicant & requiring a new mother to work full-time

Discriminatory or not? – rejecting an “overqualified” job applicant & requiring a new mother to work full-time

23 October 2016 by Anna Rabone

Two recent Employment Tribunal cases, described below, concerned claims for direct age discrimination and indirect sex discrimination. The cases demonstrate that an Employment Tribunal will seek to explore the reasons why a decision has been made by the employer, and allow claims to be successfully defended where those reasons can be established as... read more »

Q&A: Supporting employees who are also carers

Q&A: Supporting employees who are also carers

23 October 2016 by Anna Rabone

Question: We have an employee who has been with us for 5 years. However, for the past 6 months’ her performance at work has been declining. When we informally asked her about this, she explained that she is struggling to get enough sleep because her elderly mother, who lives with her, is unwell... read more »

Are some parents more equal than others?

Are some parents more equal than others?

23 October 2016 by Marianne Wright

In a recent Employment Tribunal case in Scotland, a father was awarded over £28,000 compensation after his employer’s Family Friendly Policy was held to be discriminatory. Mr Snell and his wife both worked for Network Rail and opted to take shared parental leave to care for their baby. The couple decided that Mr... read more »

Q&A: Careless whispers

Q&A: Careless whispers

30 September 2016 by Marianne Wright

Question: I am looking at ways to ‘exit’ a long-serving employee from the business, and would like to have a conversation with him about a Settlement Agreement. I think this will come out of the blue to the employee, as I’ve not previously raised any issues with him. The employee has a disability,... read more »

Sexual harassment: things you need to know

Sexual harassment: things you need to know

30 September 2016 by Anna Rabone

The legal definition of sexual harassment is when a man or woman is subject to unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of either violating the person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Conduct of a sexual... read more »

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