Category

Employment

Agency Workers & Client Vacancies

Agency Workers & Client Vacancies Key Contact: Claire Knowles Author: Juliette Franklin Agency workers’ right to be notified of vacancies does not extend to a right to apply and be considered on the same terms as direct. Recruits In Kocur v Angard Staffing Solutions Ltd and another, the Court of Appeal held that the right of...
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An Update On Vexatious Grievances

An Update On Vexatious Grievances Key Contact: Claire Knowles Author: Katie Shanahan As we know, employees can raise a grievance where they have a concern, issue, or complaint regarding their employment. However, sometimes they can be raised with the intention of being vexatious, malicious, or to deliberately make life difficult for their employer.  Even in these...
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High Court Grants An Injunction Against Tesco To Prevent ‘Fire And Rehire’

High Court Grants An Injunction Against Tesco To Prevent ‘Fire And Rehire’ Key Contact: Claire Knowles Author: Conrad Hazlitt Employers wishing to make detrimental changes to employees’ terms and conditions will often, in the absence of the affected employees agreeing to those changes, dismiss on notice and offer to re-engage on the detrimental terms.  This controversial...
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Holiday Pay & Miscategorising Workers As Self-Employed

Holiday Pay & Miscategorising Workers As Self-Employed Key Contact: Claire Knowles Author: Conrad Hazlitt Recently, in the case of Smith v Pimlico Plumbers [2022], the Court of Appeal upheld part of Mr Smith’s appeal concerning his entitlement to holiday pay in his long-running legal battle with Pimlico Plumbers.  The ruling could have a significant impact on...
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Apprenticeships – A Legal Overview

Apprenticeships – A Legal Overview Key Contact: Claire Knowles Author: Adam McGlynn Apprenticeships can be a useful tool in a business’ strategy. By offering work-based training programmes, employers can benefit from a more reliable intake while apprentices can develop their skills in real-world situations alongside experienced professionals. A traditional apprenticeship will usually last for at least 12...
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Risk management for employers: Are your managers documenting workplace events?

Key Contact: Claire Knowles Author: Conrad Hazlitt Workplace managers have day-to-day interactions with colleagues that you, the employer, may later need to rely on.  Ensuring that the managers in your organisation are properly documenting their interactions will put your business in a far stronger position to later take difficult decisions, such as disciplinary action or bonuses assessments....
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Prince Andrew v Virginia Giuffre – Lessons in the limits of Settlement Agreements

Prince Andrew v Virginia Giuffre – Lessons in the limits of Settlement Agreements Key Contact: Claire Knowles Author: Conrad Hazlitt Prince Andrew’s legal team have failed with attempts to halt civil proceedings against their client after a judge ruled that the royal could not rely on a historic settlement made between Virginia Giuffre and Jeffrey Epstein.  Whilst...
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Whistleblowing & The Impact Of Being “Materially Influenced”

Key Contact: Claire Knowles In the case of Secure Care UK Limited -v- Mr R Mott (2021), the Employment Appeal Tribunal (‘the EAT’) have held that the fact the decision maker was materially influenced by an employee making protected disclosures (‘whistleblowing’) was not the correct test to establish whether the employee was automatically unfairly dismissed. Background...
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National Minimum Wage – What reductions are considered in calculations?

Key Contact: Claire Knowles The National Minimum Wage is the minimum hourly rate that workers are entitled to be paid (‘NMW’). Although, at first glance, this is a relatively straightforward obligation to comply with, an employer must also account for deductions made to a worker’s pay. It is therefore not as straightforward as it may seem,...
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Self-Certification Period Temporarily Extended To 28 Days

Self-Certification Period Temporarily Extended To 28 Days Key Contact: Claire Knowles Author: Dan Evans The government have announced a temporary measure which allows workers to self-certify a sickness absence that lasts up to 28 calendar days, before needing to acquire medical evidence to be eligible to receive statutory sick pay (SSP). A worker would usually only be...
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