Steps for employers to take after court ruling restricts rights to monitor staff at work
Sep18

Steps for employers to take after court ruling restricts rights to monitor staff at work

By Barry Warne, head of employment law at hlw Keeble Hawson   Employers are urged to check whether their IT policies are illegal following a landmark decision that restricts their ability to monitor employees’ emails and other electronic communications. The European Court of Human Rights agreed that a Romanian man’s right to privacy under Article 8 of the European Convention on Human rights was breached when he was fired for using an...

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New blow for ‘gig’ employers
Aug10

New blow for ‘gig’ employers

There’s been another blow for the gig economy as Addison Lee becomes the latest company to lose an employment tribunal case regarding employment status. As with Uber and Deliveroo, the Addison Lee business model is that their drivers are self employed but branded with the company’s logo (t shirts and bags). The Tribunal Judge strongly disagreed with Addison Lee’s defence that the Claimant, Mr Gascoigne, was an independent...

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Overtime and holiday pay – new rules employers need to know
Aug10

Overtime and holiday pay – new rules employers need to know

Luke Green, Employment Partner at Hill Dickinson explains the impact of a new ruling on holiday pay. Regular voluntary overtime must be included in holiday pay Many workers will have just received an unexpected boost to their holiday pay, as a result of a recent ruling by the Employment Appeal Tribunal (EAT) that regular voluntary overtime must be included in the first four week’s holiday pay (Dudley Metropolitan Borough Council v...

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Leading employment lawyers predict ‘dam burst’ in employment tribunal claims
Aug04

Leading employment lawyers predict ‘dam burst’ in employment tribunal claims

Leading employment law specialist, Peninsula, predicts a massive surge in employment tribunal claims following a landmark ruling yesterday by the Supreme Court, with Claimants now having an opportunity to pursue a fee-free claim. Upholding a challenge by Unison, the Supreme Court concluded that employment tribunal fees were discriminatory and ruled that the government was acting unlawfully and unconstitutionally when it introduced the...

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Employment Tribunal fees quashed – what will that mean for gig employers?
Aug03

Employment Tribunal fees quashed – what will that mean for gig employers?

Christina Tolvas-Vincent, Partner, and Karen Plumbley-Jones, Managing Associate (PDL) at law firm Bond Dickinson, discuss whether the abolition of Employment Tribunal fees spells bad news for gig employers. In a momentous decision, the Supreme Court held in R (UNISON) v Lord Chancellor that employment tribunal (ET) and Employment Appeal Tribunal (EAT) fees are unlawful because of their impact on access to justice. In this article, we...

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Apprenticeships set to increase social mobility within legal profession
Aug01

Apprenticeships set to increase social mobility within legal profession

The Apprenticeship Levy has the potential to increase social mobility within the legal profession according to specialist recruiter, Clayton Legal. This comes at a time when organisations such as the Chartered Institute of Management are calling on employers to offer higher-level apprenticeships as a route to promoting diversity in their workforces. Since April, all employers in England with a pay bill of over £3 million are required...

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Tribunal fees abolished after landmark Supreme Court decision, HR Leaders react
Jul26

Tribunal fees abolished after landmark Supreme Court decision, HR Leaders react

After a landmark decision today by the Supreme Court, the Government now faces having to repay more than £27m in tribunal fees after the Supreme Court ruled against that fees were unlawful, and that the Government was acting unlawfully and unconstitutionally when it introduced the fees four years ago. The then Lord Chancellor, Chris Grayling, introduced the fees in July 2013, despite widespread opposition from Trade Unions and law...

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Why GDPR & AI could be more disruptive to employers than the “TripAdvisor effect”
Jul21

Why GDPR & AI could be more disruptive to employers than the “TripAdvisor effect”

A new risk analysis paper on GDPR from specialist technology law firm Boyes Turner this week found that promotion by consumer groups of new rights under the General Data Protection Regulation (GDPR) could prove more disruptive to employers than the “TripAdvisor effect”. Post GDPR, control over the future of brands and marketing strategies is likely to shift away from companies and managers towards consumers and employees and according...

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Thousands of working mothers cut short maternity leave over discrimination & job fears
Jul20

Thousands of working mothers cut short maternity leave over discrimination & job fears

Despite the Government announcing a ‘zero tolerance’ approach to maternity discrimination back in February, newly released research has found that it is still a massive problem for UK parents and parents-to-be.  The problem is contributing to women feeling unable to take their full maternity leave, with researchers finding: Only 12% of working mothers take a full year’s maternity leave and almost one in five (18%) take...

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Bus Driver’s Claim for Unfair Dismissal sends warning to employers on Gross Misconduct
Jul20

Bus Driver’s Claim for Unfair Dismissal sends warning to employers on Gross Misconduct

Leon Deakin, Partner and Charlotte Farrell, Associate Solicitor of Coffin Mew, explain why a recent decision illustrates the need to take care during gross misconduct hearings. Disciplinary hearings for misconduct should consider whether there is enough evidence to uphold the allegations of the misconduct.  However, where misconduct is deemed to have occurred, a recent case provides a timely reminder for employers that when...

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Kensington PA awarded nearly £48k in cancer discrimination claim
Jul17

Kensington PA awarded nearly £48k in cancer discrimination claim

An employment tribunal has awarded a woman £50,000 compensation after her former employers accused her of not doing ‘a single day’s work’ while she underwent treatment for breast cancer. Eimear Coghlan, 34, was initially treated with “sympathy and concern” by her boss, Poonam Dhawan-Leach, chief executive of The Hideaways Club in Kensington, however their professional relationship struggled when Ms. Coghlan needed to go for regular...

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So after all the court cases, where do employers stand on holiday pay?
Jul17

So after all the court cases, where do employers stand on holiday pay?

Clare Gilroy-Scott is a Partner in the employment team at Goodman Derrick LLP, the claimant’s legal team in the recent King v The Sash Window Workshop Ltd ECJ case.  She explains what recent case law decisions mean for employers in terms of holiday pay. Employment tribunals continue to consider a number of cases concerning the inclusion of overtime, commission and other variable payments in holiday pay, as well as the...

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Trust, Culture and Diversity are key in ‘The 4th Industrial Revolution’
Jul17

Trust, Culture and Diversity are key in ‘The 4th Industrial Revolution’

Three key themes – trust, culture and diversity – must be the watchwords for businesses with the onset of the “Fourth Industrial Revolution”, according to a leading employment lawyer. Greg Chambers, associate director in the employment team at Osborne Clarke, was speaking at a seminar in Bristol entitled “The Future of Work in a Smart City.” The event was hosted by Hays Recruitment, held at the city’s Engine Shed and formed part of...

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Over half of working parents spending up to £1,800 a year on unnecessary childcare
Jul13

Over half of working parents spending up to £1,800 a year on unnecessary childcare

More than a quarter will pay up to £800 on holiday clubs alone this Summer 41% unaware of legal right to take unpaid parental leave to care for their children 75% have never used unpaid parental leave 61% think unpaid leave should extend to caring for pets as well as children 57% of working parents could be spending up to £1,800 a year unnecessarily on childcare cover after research found that a staggering 41% are unaware of their...

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Good news for whistleblowers as Court of Appeal provides wide definition of ‘Public interest’
Jul12

Good news for whistleblowers as Court of Appeal provides wide definition of ‘Public interest’

The Court of Appeal has for the first time considered the new ‘public interest’ element of the whistleblowing law, the Public Interest Disclosure Act (PIDA). Public Concern at Work intervened in Chesterton Global Ltd vs Nurmohamed held at the Royal Courts of Justice last week. In a judgment that is good news for whistleblowers, the Court of Appeal has found in favour of the individual making the disclosure, providing a wide...

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