Category Archives: General Updates

Taxation of Termination & Settlement Payments

Changes to the way you pay tax on a settlement payment from 6th April 2018 From the 6th April 2018 the rules governing the taxable status of termination and settlement payments is changing. Currently if an employee receives compensation for the termination of their employment, providing it is truly compensation, and not a contractual payment […]

Managing Stress At Work

Managing your employees stress  I was recently contacted by an employee who was departing from his employment with his employer as he had become so stressed by the pressures of his job role and the pressures placed on him by his employer that he became very unwell. This was an employee in a senior position […]

Can you dismiss an employee if the decision to dismiss is made before knowledge of pregnancy?

This difficult question was considered in the case of Really Easy Car Credit Limited v Miss A Thompson when the employer decided to dismiss their employee for conduct and performance reasons but was then told by the employee that she was pregnant. The Law The law affords special protection to employees who are pregnant or on […]

Is it direct discrimination to reject a job applicant based on a perception their condition may become a disability?

Discrimination in Recruitment Yes, according to the case of The Chief Constable of Norfolk v. Coffey [2017] UKEAT, where the Norfolk Constabulary was found to have directly discriminated against a non-disabled job applicant by not offering her a job because they perceived her condition could become a disability in the future. The Law Under the […]

Segregation of sexes in mixed school is direct discrimination

Keeping male and female pupils separate in education is contrary to the Equality Act 2010 A recent case in the Court of Appeal has made waves in the education sector.  As a result of the decision in HMCI v. The Interim Executive Board of Al-Hijrah School [2017], segregation of the sexes in co-educational schools will […]

Height requirement for Greek Police is indirect discrimination

A requirement that police officers be a minimum height is contrary to the Equality Act 2010 Did a requirement that police officers must be of a minimum height indirectly discriminate against women?  This was the question before the European Court of Justice (ECJ) in the recent case of Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri.   […]

Unfair Dismissal and consideration of an Employee’s previous conduct

Can previous conduct which has not resulted in disciplinary action be considered at dismissal stage? This was the question that faced the Employment Appeal Tribunal in the case of NHS 24 v Pillar. The Law In order to fairly dismiss an employee, an employer has to be able to show first that the reason for […]

Detrimental Treatment of Part-Time Workers

Part time worker discrimination  It is not that often that we get a discrimination case under the Part Time Workers Regulations 2000, perhaps because most employers are familiar with the “pro rata” principle whereby part time workers’ pay and benefits should be proportionate to that of full time workers, based on the number of hours […]

The pitfalls and perils of Early Conciliation

Another ACAS Early Conciliation Case  The Employment Appeal Tribunal have recently ruled on another case about the Early Conciliation process and clarified that there must be a separate Early Conciliation form for each respondent. However, in this case the employees claims were allowed to proceed. The Law Since 2014 in the majority of cases employees […]

Can you monitor employee messages?

Employer breached right to privacy by monitoring messages  The European Court of Human Rights’ (ECtHR) has held that a Romanian employer acted in breach of an employee’s right to privacy under article 8 of the European Convention on Human Rights (“the Convention”) by monitoring his messages on a work-related messaging account. The Law Article 8 […]

Potential problems with suspending employees

What are the risks of suspending an employee?  Suspending employees whilst disciplinary allegations are investigated is becoming more frequently used by employers, and in many cases that I advise upon suspension is used incorrectly and without proper consideration for the impact and outcome. In this recent case, a similar situation arose where the employer took […]

What do you do if an employee fails to give notice?

What can you do if an employee leaves without giving their required notice?  The starting point when considering the answer to this question is what is the required notice period that the employee is required to give? If an employee has a contract of employment then it is normal for the notice period to be […]

Supreme Court decision on employment tribunal fees

Employment Tribunal Fees are no longer lawful!   You will have undoubtedly heard in the news about the decision of the Supreme Court that Employment Tribunal fees are unlawful, and as a result they will be removed immediately, meaning that employees who wish to make a claim in the Employment Tribunal will no longer have […]

National Minimum Wage rates – April 2017

  Current National Minimum Wage Rates The National Minimum Wage rates increased from the 1st April 2017 and it is therefore important that you take action to ensure your payroll is correct for all employees. The current rates are: 25 and over: £7.50 – this is known as the National Living Wage. 21 to 24: […]

Suspension at work

What to consider when suspending employees? When faced with a disciplinary situation or allegation you may decide that it is necessary to suspend an employee during the process, however you should ensure that you proceed with care and give full consideration to the reasons and your justification before taking action. Questions to consider include: Is […]

Your Legal Lighthouse

Guiding you through the sea of Employment Laws   How would you describe dealing with employees and HR issues? Stressful? Time-Consuming? Takes you away from making money and moving your business forward? Frustrating? Worrying?   Where do you turn if you don’t know what to do about employee issues? Google ACAS Colleagues Friends Your spouse […]

The General Election & Employment Law 2017

The story so far……. The manifestos have now been published and it is really as to be expected with few developments planned from the Conservatives and Labour clearly focusing their manifesto on the rights of workers and individuals. So what do they actually say which is relevant to Employers….. Conservatives Continue to increase the minimum […]

Time Limits in the Appeal Tribunal

A reminder of the strict time limits in the Employment Appeal Tribunal The time limits in the Employment Tribunal and Appeal Tribunal are short compared to many other legal claims, and as such both employers and employees have run into difficulty with time limits whether that be for submission of a claim or defence or submission […]

The General Election: What does it mean for Employment Law?

The story so far……. At the time of writing (9 am on the 8th May 2017) the various party manifestos have not been released although it is expected that they will be published within the next 7-14 days. In any event the parties have already made suggestions of their election promises which could have a […]

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