Under the Equality Act 2010, ‘age’ is one of the protected characteristics. Consequently, if you are treating someone unfairly at work because of their age, you are breaking the law. Age discrimination is one of the most common forms of unfair treatment at work. Therefore, ACAS have published a new guidance to help employers prevent […]
Managing underperformance is an area where Managers tend to get frustrated with HR and the perceived ‘red tape,’ without recognising the importance of their role in managing the issue in the first place. As an Employment Lawyer, performance related concerns largely hit my radar when clients are at their wits end with a poorly […]
In the recent case of Evans v Xactly, the Employment Appeal Tribunal held that the phrase ‘fat ginger pikey’ did not amount to harassment… but when does ‘banter’ become harassment? Mr Evans worked as a sales representative for just short of a year before being dismissed for ‘poor performance.’ Subsequently, Mr Evans brought several […]
In the case WM Morrison Supermarkets Plc v Various Claimants the Court of Appeal confirms Morrisons were vicariously liable for a rogue employee’s misuse of data. In 2013, an Senior IT internal auditor (S) was tasked with providing KPMG specific information which included payroll data for an external audit. S was provided with an […]
Landmark ruling from the Court of Appeal on whether night shift workers who are required to ‘sleep in’ at work are entitled to be paid the national minimum wage for their whole shift, including time spent sleeping. The National Minimum Wage Act 1998 and the National Minimum Wage Regulations 2015 convey that the number […]
Earlier today, the Government published the document ‘The Future Relationship between the United Kingdom and the European Union.’ As you can imagine, it holds an extensive amount of information and therefore, we have reviewed and summarised the update in relation to employment law for you. Theresa May has specified that her proposal to honour the […]
Before dismissing an employee, one of the first things employers review is their length of service. An employee must have two years’ continuous service in order to gain unfair dismissal rights. Where an employee has fallen just short of two years’ service, it is common for employers to assume that they are able to […]
The menopause is a natural part of ageing, which typically occurs when a woman is between 45 – 55 years old. There are many symptoms of menopause that women can suffer from such as problems with memory or concentration, anxiety, night sweats, hot flushes and many more. Under section 6 of the Equality Act […]
Each contract of employment should contain a notice period within the main terms and conditions of employment. Following recent case law, in order to prevent potential financial implications, employers may now want to consider including an express clause in their contracts of employment to specifically state when and how the notice may take effect. […]
The Employment Appeal Tribunal (EAT) has rejected Addison Lee’s appeal in the employment status case Addison Lee Limited v Gascoigne, by upholding the decision that a courier was incorrectly classified as an independent contractor. Section 230(3)(b) of the Employment Rights Act 1996 (ERA), defines a ‘worker’ as an individual who has entered into or […]