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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.

Knowing your employees’ rights

1 August 2011 by Nicola Brown

It is well known that when an employee attends a disciplinary hearing, they have a statutory right to bring a colleague or a trade union representative to accompany them at the hearing.  A number of recent cases appeared to be showing a growing trend of increasing the scope of this right to include... read more »

Tribunal time limits - ignorance is bliss?

1 August 2011 by Nicola Brown

Employees who want to bring a claim in the employment tribunal for unfair dismissal (or most other claims) must submit their application so that it is received by the tribunal within 3 months from the date of dismissal, or other act complained of.  This means that the tribunal has to receive the claim... read more »

Homophobic comment or passing comment?

1 August 2011 by Nicola Brown

In Grant v HM Land Registry, the Court of Appeal has held that in order for something to amount to harassment under the discrimination legislation, it must be something which is more than trivial.  Harassment occurs where a person engages in unwanted conduct related to a relevant protected characteristic (in this case... read more »

When can discrimination be justified?

1 August 2011 by Nicola Brown

The law protects people against discrimination on the basis of a large number of protected characteristics, for example sex and race, but can discrimination ever be justified? The short answer is sometimes!  Where there is direct discrimination, for example a refusal to employ someone because they were gay, then that can never be justified,... read more »

Take heed of that warning

19 May 2011 by Nicola Brown

The Employment Appeal Tribunal has handed down its findings in two recent cases, both of which indicate that an employer should always take care when dismissing an employee on the back of a final warning.  In both cases, flaws were found in the procedure the employers had followed when issuing the final warnings,... read more »

Making reference to the past

19 May 2011 by Nicola Brown

Many employers nowadays are very cautious about giving references for former employees. It is common for references to be limited to only the most basic information such as the employee’s start date, end date, and job title. But a recent case has shown that employers need to be wary of any comments made... read more »

Take notice!

19 May 2011 by Nicola Brown

It is well known that in employment law, notice under a contract usually only takes effect once it has been effectively communicated to the other party.  But when does the clock start ticking on the notice period once it has been communicated?  It is in the interest of employers and employees to be... read more »

Frequently asked questions: Part-timers and holidays

19 May 2011 by Nicola Brown

One of the questions that we get asked most often, by employers and employees, is how best to deal with Bank Holidays where employees work part-time. It is unlawful to treat a part-time worker less favourably than their full-time equivalent (unless the difference in treatment can be justified). In most cases, this means that... read more »

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