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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.

Can a temporary condition amount to a disability?

Can a temporary condition amount to a disability?

19 December 2016 by Anna Rabone

When does an illness or injury become a disability affording an individual protection under disability discrimination legislation? This is a question that both the UK Courts and the European Courts have grappled with over the years. The European Court of Justice recently considered this question in the Spanish case of Daouidi... read more »

Increased rates of Maternity Pay, Sick Pay and other payments

Increased rates of Maternity Pay, Sick Pay and other payments

19 December 2016 by Peter Stevens

The Government has announced increased rates for various statutory payments which are to come into force in April 2017. The main changes are as follows: Statutory Maternity Pay: £140.98 per week (currently £139.58) Statutory Paternity Pay: £140.98 per week (currently £139.58) Shared Parental Pay: £140.98 per week (currently £139.58) Statutory Adoption Pay: £140.98 per week (currently £139.58) Statutory Sick... read more »

Purely delighted!

Purely delighted!

30 November 2016 by Nicola Brown

We're very excited to tell you that yet again we have had a fantastic review in the legal directory Chambers & Partners, and both Peter and Nicola have continued their long run as ‘Notable Practitioners’. Chambers and Partners rankings matter in the legal world because they are independent and cannot be bought – they... read more »

Taxi for Uber! Employment Tribunal decides Uber drivers are workers

Taxi for Uber! Employment Tribunal decides Uber drivers are workers

29 November 2016 by Anna Rabone

One of the perennial issues that crops up in employment law is about employment status, i.e. is the individual an employee, worker or self-employed contractor? The answer will determine what rights an individual has. The issue has generated a lot of case law over the years. As we see the rise of the... read more »

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 »

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