Archive for 'Employment Law'

New ‘Vento’ bands (compensation for discrimination)

The new bands will apply to any discrimination claims issued on or after 11 September 2017 and will be:-

• lower band (less serious cases): £800 to £8,400
• middle band: £8,400 to £25,200
• upper band (the most serious cases): £25,200 to £42,000
• exceptional cases: over £42,000

These bands will be reviewed in March 2018 and thereafter annually.

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Mental Health At Work

At last mental health is getting the media coverage it needs to change peoples views and lift the stigma once associated with mental illness. An independent review on how employers can better support the mental health of employees, including those with mental health problems or poor well-being, has now been published.

The review, called ‘Thriving At Work’, contains 40 recommendations. These include:-

• all employers should adopt certain mental health core standards, set out in the report;

• public sector, and private sector ...

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New leave allowance for grieving parents

A Bill has been published last month which will entitle parents two weeks paid leave in the sad event that they lose a child under the age of 18. Currently, whilst employers are expected to be understanding and flexible where possibl, there is no legal obligation to allow parents paid time off to grieve.

The Parental Bereavement (Pay and Leave) Bill will entitle all employees to parental bereavement leave, regardless of their service length. Those who have 26 weeks’ continuous service ...

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Finally……Employment Tribunal fees abolished!

The Supreme Court has handed down Judgment in the case commonly known as ‘the appeal against Employment Tribunal fees’.

The court conclusively found that the fees prevented access to justice and that they were therefore unlawful. They are to be abolished and a refund given to all those who have paid fees over the last 3/4 years.

So…… what now? What of those who have been denied access to an ET between 2013 and now?

It is possible that having been found the ...

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National Minimum Wage and National Living Wage April 2017

National Minimum Wage

The National Minimum Wage (NMW) is the minimum pay per hour most workers are entitled to by law. The rate will depend on a worker’s age and if they are an apprentice.

The National Living Wage

The Government’s National Living Wage was introduced on 1 April 2016 for all working people aged 25 and over, and is currently set at £7.50 per hour. The current National Minimum Wage for those under the age of 25 still applies.

The rates from 1 ...

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Other recent interesting cases

Panikulam Paulose v Synergy Health UK Ltd
On 1 March 2017, an employment tribunal rejected an unfair dismissal claim brought by a worker who was caught using scissors to cut his fingernails while working in a sterile environment assembling trays of medical instruments.

Shaw v B&M Retail Ltd
On 28 February 2017, an employment tribunal upheld unfair dismissal and breach of contract claims over an employee’s dismissal for testing positive for methadone. The tribunal found that there were flaws in the ...

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£25,000 award for apprentice whose apprenticeship ended early

An employment tribunal awarded £25,000 for breach of contract to an employee whose apprenticeship ended early.
In the case of Kinnear v Marley Eternit Ltd t/a Marley Contract Services, the employment tribunal awarded a roof tiler £25,000 over the breach of his contract of apprenticeship.

Mr Kinnear became an apprentice roof tiler with Marley Eternit in October 2014. His contract of apprenticeship should have run until November 2018.

In June 2016, he was advised that there had been a downturn in business ...

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Holiday requests – when can an employer say ‘no’?

Its holiday time and employers usually find themselves receiving an increasing number of holiday requests.

Whilst an employer may want to grant holiday requests, this simply isn’t always possible. Consideration must be given to ensure an organisation is adequately staffed to meet business demands, as well as looking after the well-being of the workers. Not always easy!

If an Employer decides to turn down a request it is inevitably going to be a difficult conversation.

Workers have a legal right to ...

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Introducing the new member of our HR team – Claire Carr

Claire is a Human Resources Specialist with over 18 years’ experience working in partnership with management teams to deliver effective HR and business solutions.

During this time, Claire has worked within a range of business sectors including financial services, accountancy, manufacturing, IT and public sector services. She has successfully advised businesses on key HR matters including complex employee relations and employment legislation requirements.

Claire has also created and developed practical HR solutions for small businesses, where they may be vulnerable to non-compliance, ...

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Exclusivity clauses in zero-hours contracts finally banned

Some two months after claiming that they had been banned, the government has finally acted to outlaw the use of exclusivity clauses in zero-hours contracts from 26 May 2015. This and other employment law-related measures are contained in the first commencement order made under the Small Business, Enterprise and Employment Act 2015.

The provisions of the Act, as they affect employment law, coming into force on 26 May are:

Section 153 – this section bans the use of exclusivity clauses in ...

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