Archive for 'Employment Law'

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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Help for small businesses?

Sajid Javid, the new Business Secretary, has announced the creation of a new “small business conciliation service” which will aim to resolve payment disputes where that business is owed money by a large firm. Based upon an Australian model, the service will allow small companies who are owed money to attempt to resolve disputes without issuing a claim or a winding up petition. If both parties engage, this would be a key tool for small businesses ...

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Severe Weather Warnings – Is Your Business Ready?

The UK has recently been experiencing the effects of a much publicised winter ‘weather bomb’. As we come into the winter months, do not forget that your business may have to deal with the consequences of more severe weather and all the disruption that this can bring both to your employees and your business more generally.

This may be a good time (if you have not done so already), for your business to review what risk assessment procedures you have in ...

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Shared Parental Leave & Pay

What is Shared Parental Leave?

At the end of 2014, new rights to allow parents to share leave following the birth or adoption of their child became law and shared parental leave is now available to parents with babies due on or after 5 April 2015. In essence, shared parental leave (SPL) enables mothers to commit to ending their maternity leave and pay at a future date, and to share the untaken balance of leave and pay as SPL ...

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