Author Archives: Abigail Stiles

Why should you use a specialist solicitor for your legal advice?

Legal Specialists How much thought do you/would you give to your choice of Solicitor or adviser? To what extent do you consider their expertise or experience? For me, as a Solicitor, if I am referring a client to a fellow professional for advice on a topic that I am not familiar with I will look […]

The Supreme Court finds aspects of criminal record disclosure checks unlawful

Criminal record disclosure at work The Supreme Court has recently rejected a Government appeal and upheld a Court of Appeal ruling in favour of a group of individuals who said they could not find work because the current statutory regime requires them to disclose old and minor criminal convictions. The Law There are currently two ways in […]

How to reduce Employee stress

Stress at work Employers are required by Health and Safety law to protect their employees mental and physical health and two out of every five workers say that stress at work has affected their health. The causes of stress vary from long working hours, difficult bosses or colleagues, to poor working conditions. Although it is […]

More Change in the “Gig Economy”

Developments in the ongoing ‘self-employed’ v ‘worker’ debate The well-known delivery company Hermes has just reached a deal with the GMB union to create a new “self-employed plus” status for its couriers. This new employment model has been created by Hermes to fix its troubled relationship with their numerous gig economy workers and comes after […]

Co-workers can now be personally liable to a whistleblower for their post-dismissal losses

Whistleblowing liability In the recent case of Timis v Osipov [2018] EWCA Civ 2321, the Court of Appeal has confirmed that employees who have been dismissed for making a protected disclosure can also bring a claim against an individual colleague for detriment suffered following a dismissal and a claim for vicarious liability against the employer, in […]

Redundancy and Maternity Leave: Reforms on the Horizon?

Proposals announced to enhance protections available to parents returning to work The Government launched a consultation on Friday 25th January 2019 with regards to proposals aimed at giving greater protection against redundancy to pregnant women and new mothers. The law currently provides that, if a woman on maternity leave is selected for redundancy, she is […]

5 Questions to ask candidates to get a measure of their commitment to the job

Recruitment: Getting the right people For seasonal businesses the annual recruitment exercise will be beginning shortly and here on the Isle of Wight there are a large number of businesses and organisation’s that rely on large numbers of seasonal staff to help them through the busiest times of year. Many of our clients are concerned […]

Can covert recordings be used as evidence?

Evidence in the Employment Tribunal With the prevalence of mobile phones and the audio capabilities that they have, as an employer you may wonder whether a covert recording of a meeting, made by an employee, could potentially be used against you as evidence in an Employment Tribunal. The answer is not always simple, however past […]

FREE Employment Law Update for Businesses and HR Professionals

Date for your Diary  We would like to invite you to our Free Employment Law and HR Update for Employers event on Thursday 28th March 2019 at The Quay Arts Centre, Newport, Isle of Wight. A round up of 2018 and what’s new for 2019. An essential event for business owners, managers and HR professionals on […]

Employment & HR: What to expect in 2019

Hot Topics for 2019 1. The Good Work Plan On 17 December 2018, the government published the Good Work Plan, setting out what it described as “the biggest package of workplace reforms for over 20 years”. The plan outlines an intention to improve working conditions for agency workers, zero-hour workers and other atypical workers. There […]

Anonymity Orders and Tribunal Judgements

A recent appeal case has highlighted the fact that an employment claim, which reaches a Tribunal, is almost always going to be made public when the judgement is published on the Public Register available online. Tribunal hearings are held in public with the public and press welcome to attend. The final judgement and their written […]

Do you have to give a statement of terms of employment to someone you have employed for less than 2 months?

Contracts & Minimum Employment Terms This question was recently considered in the case of Stefanko & Others v Maritime Hotel Ltd. The Law Under section 1 of the Employment Rights Act 1996, employers are required to give employees whose employment will continue for more than 1 month a written statement of employment terms. The details […]

Is Veganism capable of being protected under discrimination law?

The BBC reported early in December that a case is due to come before an Employment Tribunal next year where the Tribunal will be asked to decide whether or not veganism is protected under discrimination laws as a “philosophical belief”. Under the Equality Act 2010 it is unlawful to discriminate against someone in the workplace […]

Holiday Pay: What is Rolled Up Holiday Pay?

It is common practice for employers to pay employees on zero-hour contracts and some seasonal workers for their holiday rather than giving them allocated paid holiday time.This normally takes the form of payments on a monthly basis so that the accrued holiday entitlement is calculated at the end of the month and included with normal […]

Qualifications v Experience

In a recent questionnaire on the Real Employment Law Facebook page we asked employers whether they valued a relevant degree over relevant work experience, when recruiting, and the result was a resounding ‘No’. 100% of our respondents said they would prefer a candidate with relevant work experience over a degree. The result is in line […]

Gender Equality in the Workplace: Still an issue?

Discrimination & Detrimental Treatment at Work I have recently been prompted to write this article about women in the workplace and the inequality that women face for a number of reasons including the fact that I have been instructed by several women in short succession who are clearly being treated to their detriment at work […]

If an employee doesn’t take all of their statutory holiday entitlement in a leave year, do they lose it?

Not necessarily, held the European Court of Justice in the recent case of Max-Planck-Gesellschaft v Shimizu. The Law In the UK, employees have a statutory right to 28 days paid holiday per year. This right is derived from the European Working Time Directive and all member states of the European Union introduced legislation to give […]

Worker Status & the ‘Gig’ Economy: Addison Lee Drivers

This is another case in a long line of cases making their way through the Employment Tribunal system about the status of persons who are working in the ‘gig’ economy. This time it involves the drivers who work for Addison Lee. The Law There are currently three status that someone who works for you can […]

Pregnant Employees: Risk Assessments & Sickness Absence

An employer’s guide to dealing with pregnant employees: Sickness & Risk Pregnancy Risk Assessment Contrary to popular belief there is no legal obligation upon you as an employer to carry out a specific risk assessment for a pregnant employee. Employers are required to protect the health and safety of all employees which includes undertaking a […]

Knowledge of Disability & Discrimination

Does an employer have constructive knowledge of a disability if the employee has denied having one? No, ruled the Employment Appeal Tribunal, based on the facts in the case of Mutombo-Mpania v Angard Staffing Solutions Ltd. The Employment Appeal Tribunal also held that it was up to the employee to provide evidence of the impact […]

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