We take a look at a recent disability discrimination case of The Government Legal Service v Brookes where a multiple choice test for applicants placed a woman with Asperger’s at particular disadvantage and was not justified. ...
Legal Updates
We take a look at some recent cases on this area around service provision changes. The definition of Service Provision Change (SPC) is found at Regulation 3(1)(b) of TUPE and is as follows: (i) activities cease to be carried out by a ...
What is probate and when would I need it? When somebody dies, sometimes it is necessary for you to apply for a grant of representation to be able to deal with the deceased’s assets – this is known as applying for probate. Whether ...
What is religious discrimination? Religion or belief is one of the ‘protected characteristics’ covered by the Equality Act 2010. The Equality Act prohibits discrimination on any of the ‘protected characteristics’. It prohibits ...
Today (1st March 2017) the main provisions of the Trade Union Act 2016 have come into force. Some of the main changes are highlighted below. Increase in ballot thresholds For strike or industrial action to be lawful from 1st March ...
We take a look at a recent Employment Appeal Tribunal (EAT) case which examines the use of expired warnings when dealing with misconduct dismissals. This case involved Mr Stratford who had a poor disciplinary record with his employer, ...
Disputes between neighbours and particularly where one neighbour has a right of way over their neighbour’s property, are not uncommon. Arguments between neighbours and rights of access can be highly emotive and relations between the ...
There are many statistics that are published about the gender pay gap but even having taken into account that women often work fewer hours for child care reasons, there are concerns that on average women are being paid less than men. ...
This update highlights a recent case which considers whether a company was liable for an employee’s attack on a fellow employee at a Christmas party. It is the case of Bellman v. Northampton Recruitment Ltd and it involves looking at ...
In the recent case of Grange v Abellio London Limited the Employment Appeal Tribunal considered the rules around rest breaks under the Working Time Regulations 1998 (the Regulations). Regulation 12 deals with rest breaks and states ...
What is a lasting power of attorney (LPA)? An LPA is a document which allows you to nominate somebody to make decisions on your behalf if you are unable to. There are two types of LPA: Property and financial affairs Health and welfare ...
‘Whistleblowing protection’ refers to the protection afforded to employees and workers when they make a disclosure about their employer’s wrongdoing. They are protected from being victimised, dismissed or being treated detrimentally ...
The question of what someone’s status is, i.e. whether they are an employee, worker or genuinely self employed, has long been a complex area of law and frustrating for employers and lawyers alike. It is important because each has its ...
The on-going saga of Mr Lock’s case against British Gas has recently been to the Court of Appeal. You will recall we have looked at this case previously in our news updates. In brief, Mr Lock was engaged on a basic salary plus ...
ACAS have published a new guide to help employers whose employees who may have life threatening or long term illnesses. It is hoped this guidance will be useful to employers bearing in mind the number of employees who suffer from ...
The following hourly rates of National Minimum Wage (NMW) will apply from 1 October 2016: The rate for workers aged 21 to 24 will be £6.95. The development rate (workers aged 18 to 20) will be £5.55. The young workers rate ...
This is an age old question and, from an employment lawyer’s view, it is one of the first questions to be asked with any commercial transaction: is it a TUPE transfer or not? But for those clients new to TUPE, their first question is ...
It appears we are being bombarded with reports and statistics about how women and new mothers are being treated in workplace. Previously it was the TUC report into the increase in sexual harassment in the workplace, then we heard ...
An investigation into potential disciplinary matters is important for various reasons. For example, any dismissal based on a poor investigation would be likely to be found unfair as any decision by a dismissing officer needs to be ...
Following the TUC survey of 1500 women, which found that more than half of women say they have been sexually harassed at work, we take a look at a recent case where a woman was awarded an injury to feelings award because of sexual ...
There have been many cases involving employer’s dress codes and whether they amount to religious discrimination. One significant case was that of Eweida v British Airways plc [2010] where BA did not allow its staff to wear visible ...
It is almost two years since the law was changed so all employees who have 26 weeks service have the right to request flexible working. There is a duty on employers to consider requests in a reasonable manner, supplemented by a ...