Author Archives: alison

Unfavourable treatment of an employee on maternity leave: An example

maternity discrimination

Sending an email to an employee on maternity leave to inaccessible account could be ‘unfavourable treatment‘ In the case of SW Yorkshire Partnership NHS Foundation Trust v Jackson it was recently decided that sending an important email to an employee on maternity leave to an account she did not have access to, could amount to […]

How to deal with a complaint of sexual harassment by an employee

sexual harassment at work

Sexual harassment at work What is sexual harassment? Sexual Harassment is one of the most difficult situations a worker can face. The legal definition of Sexual Harassment is any ‘unwanted conduct of a sexual nature which has the purpose or effect of violating the dignity of a worker, or creating an intimidating, hostile, degrading, humiliating […]

A key case giving guidance on suspending staff during an investigation

Suspension of teacher was not a repudiatory breach In the recent case of Mayor and Burgesses of the London Borough of Lambeth v Agoreyo, the Court of Appeal has held that a school had reasonable and proper cause for suspending a teacher in order to investigate allegations that she had used unreasonable force against two […]

How to be the best employer: Tip number 2

be the best employer

Ensure that all employees know why rules and procedures are in place If you create rules and procedures, ensure that you tell your employees why and wherever possible try to discuss and consult with them before making the decision. We all know how frustrating it is to be told to do something or not to […]

How to bring ‘Joy’ to your workspace and increase productivity!

Some ways to ‘Marie Kondo’ your workspace You may have heard of the Japanese ‘tidying’ sensation Marie Kondo, who has developed her own organisation technique, called the ‘KonMari’ method, which she uses to help people tidy their living spaces. If not, we highly recommend you have a look at the method, there is currently a […]

How to be the best employer: Tip Number 1

be the best employer

Ensure that all employees know where they fit in the organisation In order to have effective and engaged employees, regardless of what your business or organisation does, you should ensure that all employees understand what role they play in contributing to the success of the business and how their role, no matter how insignificant they […]

Santan-don’t: The pitfalls of withdrawing an employment offer

What are the potential ramifications for an employer who makes an employment offer and then rescinds it? As has been reported recently, the Spanish banking giant Santander took the controversial decision to withdraw an employment offer it made to then-head of investment banking at UBS, Andrea Orcel. The case, although extreme, highlights the potential ramifications […]

Charity calls for extension of time off for fathers of premature babies

The neonatal charity, Bliss and BBC Radio 5 Live Investigates recently published the results of a survey which asked fathers of premature and sick babies about their experiences at work. 77% of the fathers reported that they are not given enough time off work and around 10% said that they had to leave their job […]

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 […]

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