Author Archives: alison

2018 – Year in Review

2018 Employment Law Round-Up To help you navigate through the most important Employment Law Updates for 2018 we have categorised and summarised them with direct links to each article. Case Law & Law Changes Is it direct discrimination to reject a job applicant based on a perception their condition may become a disability? Can you […]

Government Announce Employment Law Reforms

The Good Work Plan: What do you need to know about proposed employment law reform? You may have heard on the news this week about the announced reforms to employment law. Some reporters have heralded the changes as a major overhaul and reported that it will provide additional rights for millions of workers, however if […]

Why your reputation as an employer is going to be critical in 2019

I have written previously and spoken on the podcast about my views on the future of employment in the UK and the patterns I am starting to see with client’s businesses currently, which is, that it is becoming a candidate’s market when it comes to recruitment. Many businesses I work with are really struggling to […]

Isle of Wight Chamber of Commerce Awards 2018

We were recently shortlisted for the Business Growth Award at the Isle of Wight Chamber of Commerce Awards 2018. The awards ceremony took place on Friday evening (30th November 2018) in Cowes on the Isle of Wight, hosted by Anneka Rice and I am really excited to announce that although we were not winners, we […]

Is an employer liable for the actions of a former employee who commits a serious criminal data breach with the intention of harming his employer?

Yes, held the Court of Appeal, based on the facts in the case of Various Claimants –v- Wm Morrison Supermarkets PLC. The Law In certain situations, an employer can be held responsible for the acts, or omissions, of its employees, if they took place in the course of their employment. This is known as Vicarious […]

Did calling an employee a “Fat, ginger pikey” amount to unlawful harassment?

This was the unusual question considered by the Employment Appeal Tribunal in Evans v Xactly Corporation Ltd. The Law Harassment which is related to a “protected characteristic” is unlawful discrimination under the Equality Act 2010.  Relevant protected characteristics for the purposes of a harassment claim include age, disability, gender reassignment, race, religion or belief, sex […]

Employment News Update – Week Commencing 22nd October 2018

Employment Law News  A round up of the employment law news for the week commencing 22nd October 2018. Clamp down on Personal Service Companies (known as PSC’s) There are reportedly plans afoot in the Treasury to change current tax rules that enable individuals to avoid higher tax and national insurance contributions by working through a […]

Is an employer liable for the actions of an employee at an unplanned staff party?

Possibly, held the Court of Appeal, based on the facts in the case of Bellman v Northampton Recruitment Ltd. The Law In certain situations, an employer can be held responsible for the acts, or omissions, of its employees, if they took place in the course of their employment. This is known as Vicarious Liability. Vicarious […]

Dismissal for Some Other Substantial Reason or SOSR

When can you dismiss an employee for Some Other Substantial Reason? Some other substantial reason or SOSR is a potentially fair reason to dismiss an employee and as you can probably tell by the words ‘some other’ it is designed to cover those scenarios that may not already be covered by the other 4 potentially […]

10 Free things you can do today to be a better employer

10 Simple things to try today As well as advising on how to ‘stay legal’ and avoid Employment Tribunal claims we also strive to improve the world of work for all and in particular we help our business clients to be better employers and provide a great work environment for their staff. It was with […]

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 […]

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 […]

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 […]

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