Category

Employment

Termination Arrangements: Top Ten Tips

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Below we consider 10 points that should be considered prior to terminating someone’s employment. 1.      Reason. Although it appears obvious to consider at the outset what is the reason for the dismissal, it is important to give this proper thought to ensure it is not unlawful or unfair. Certain dismissals are automatically unfair (e.g. dismissal on the grounds of pregnancy or whistleblowing) and there are 5 fair reasons for dismissal: Conduct, Capability, Redundancy, Statutory Restriction, or Some Other Substantial Reason…

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Update on reasonable adjustments

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Under the Equality Act an employer must take such steps as are reasonable where a provision, criterion or practice (PCP) puts a disabled person at a substantial disadvantage in comparison with those who are not disabled. This reasonableness test is objective and is to be decided by the Tribunal – which is unusual in employment law as Tribunals are not normally allowed to substitute their own opinion. The recent EAT case of Mrs M Linsley v HMRC looked at how…

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April 2019 employment rates and limits

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Quick reference: Rates and Limits A guide to the current rates and limits. Most of the rates set out below are updated yearly. Maternity, paternity and adoption From 7 April 2019 Statutory maternity, paternity and adoption pay £148.68 per week     Sickness From 6 April 2019 Statutory Sick Pay £94.25   National Minimum Wage From 1 April 2019 Age 21 and upwards £7.70 per hour Age 18 – 20 £6.15 per hour Age 16 – 17 £4.35 per hour…

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Whistleblowing – where are we now?

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We take a look at the current protection for workers under the whistleblowing protection The Employment Rights Act prohibits dismissal or detrimental treatment because a worker has raised a protected and qualified disclosure. In order for a worker to gain protection, they need to have made a protected and qualified disclosure which must include: A disclosure of information A reasonable belief that one of the following areas of malpractice has, or is or is likely to take place: Criminal offence…

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The Christmas party – a note for employers

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It is the season when some businesses are planning their office Christmas party and a time for employers and employees to relax and enjoy themselves.   However, responsible employers will have to give some consideration to their staff’s health and safety, especially where alcohol is to be consumed.   This is because of what is known as “vicarious liability”.  It is where an employer can be held liable for the actions of an employee where they are committed “in the course of…

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The tricky relationship between sick leave and holidays

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When an employee is absent through illness, one thing that can be forgotten is the right to holiday. Firstly, a worker accrues holiday even whilst absent through illness. This is especially important to remember if a worker is absent for a long time. A worker is also able to request to take holiday whilst they are absent due to illness. For those on long term sick, they need to use up their holiday entitlement in the relevant leave year.  It…

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Yet another ‘status’ case…

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Addison Lee Ltd v Lange and ors is the latest case looking at status, which is whether someone is self-employed, a worker or an employee. Background Addison Lee Limited is a professional private hire firm, using about 4,000 drivers to service the needs of both commercial and private customers. The three claimants in this case were drivers within the private hire business. They brought claims against Addison for holiday pay and for the the national minimum wage which meant they had…

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Disability discrimination: knowledge of the employer

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Treating someone less favourably because of their disability is prohibited under the Equality Act 2010. Under the Equality Act “discrimination arising from disability” occurs where both: A treats B unfavourably because of something arising in consequence of B’s disability. A cannot show that the treatment is a proportionate means of achieving a legitimate aim. With this type of disability discrimination claim, it will not succeed if the employer had no knowledge of the disability itself. As to what the consequences…

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Philosophical belief under the Equality Act

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Under the Equality Act it is unlawful to discriminate, harass or victimise workers or job applicants on the grounds of their religion, religious belief or philosophical belief. “Religion or belief” is a protected characteristic under the Equality Act, just like for example age or race, and is defined as follows: “Religion” means any religion, and a reference to religion includes a reference to a lack of religion. “Belief” means any religious or philosophical belief and a reference to belief includes…

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Got a new employee and need a contract of employment? Use our Starter Pack

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Our Starter Pack is ideal if you are employing your first employee or you want to update your contracts of employment. The pack gives you the basic HR and legal documentation you will need for employing your first employee and all at a fixed reasonable price. You will have the following precedents: offer letter a junior employment contract disciplinary procedure grievance procedure health & safety policy It is important to have a contract of employment in place to ensure both…

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