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The Answer In the case of MacLennan v BPS 2024, the employment tribunal ruled that because the trustee in question, who had been elected to the post of President-Elect of the British Psychology Society for the charity, only worked on a voluntary basis thus was not employed by the charity in the cap…
Read moreIn the recent case of Deksne v Ambitions Ltd (2024), the claimant brought a claim against her employer for unlawful deductions from wages, specifically with regard to an underpayment of her holiday pay. Deksne alleged that she was underpaid her holiday pay starting from August 2020 and final holiday…
Read moreEmployers must consider the recent important changes the Home Office has made to it guidance on right to work checks. To be compliant employers must now review their right to work procedures. The Home Office can issue large fines where an employer is found to be employing people illegally. If you a…
Read moreThe Question Can migraines be classified as a disability within the provision of section 6 Equality Act 2010 (EA) even when possible lifestyle changes could help to reduce its impact on day-to-day activities? The Answer For a health issue to be considered as a disability under the (EA), the condi…
Read moreA Private Members Bill has been introduced in the House of Commons, to amend the Health and Safety at Work Act 1974 (HSAWA74). The main provision is to introduce new requirements for employers in relation to violence and harassment in the workplace. Although this is still at the preliminary stage,…
Read moreWith Christmas upon us very soon, many businesses will be recruiting temporary staff to meet increased demand. Invariably, the majority of these new recruits will be young (especially students) and inexperienced workers, recruited directly or via agencies. Employers are reminded that they have manda…
Read moreThe case of Gallagher v McKinnon Auto and Tyres serves as a reminder to employers to always conduct the pre termination discussions fairly and without improper behaviour. The Employment Appeal Tribunal held in this case that the pre-termination negotiations were inadmissible in the employees attemp…
Read morePrior to the Budget on Wednesday 30th October 2024, the government had announced that the National Minimum Wage (NMW) would be increasing. Having delivered her first Budget, the Chancellor declared that over three million workers would benefit from the increases from April 2025, which are outlined b…
Read moreThe Topic Under Regulation 10 of the Maternity and Paternity Leave Regulations 1999, a woman on maternity leave whose job is being made redundant, is entitled to be offered a suitable alternative vacancy where it is available (before the end of her employment under her existing contract) with her…
Read moreA recent case serves as a cautionary warning about the risk of providing an employee a reference. In the 2024 High Court case of Simon Bennett v. Mitie Technical Facilities Management Limited the court confirmed the employer on this occasion was not negligent when he provided prospective employer a…
Read moreThe Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce new preventative duties on employers to take “reasonable steps” to prevent sexual harassment of employees in the course of their employment. The Act comes into force 26th October 2024. What are the Employers' Duties? Th…
Read moreThe latest decision by the Supreme Court has ruled that the football referees have zero hours contracts for tax and NIC reasons. The Supreme Court decided that the contracts required mutuality of obligation and control. Both key ingredients for a contract of employment. The case has been sent back…
Read moreOn 1 October 2024, the Employment (Allocation of Tips) Act 2023 comes into force that will completely overhaul practices over tips, gratuities and service charges (tips). What You Need To Do A new code of practice has been introduced that requires employers to have in place at their place of busin…
Read moreThe Employment Appeal Tribunal (EAT) held in the case of Nelson v Renfrewshire Council that employee failure to complete an employer’s grievance procedure was not relevant when assessing the employer’s liability for constructive dismissal. The correct approach was to assess the conduct of the employ…
Read moreThe Answer The Act received its Royal Assent in September 2023 and was due to come into force September 2024. However, it is now being reported that it will not be introduced. Instead, reports suggest that the new Labour government intends to reinforce existing employment rights for workers. Labou…
Read moreDo employees have a right to equal pay for equal work? In this day and age, the answer might seem straightforward, but - despite this, many large businesses still fall short of compliance.
Read moreFrom the information provided by the Office for National Statistics (ONS) for the year 2023, the total number of people coming to the UK was 1,218,000 of which 10% (126,000) were EU nationals and about 85% (1,031,000) came from outside the EU with the highest numbers coming from India, Nigeria and C…
Read moreThe Health and Safety at Work Act 1974 imposes a statutory duty on employers to take reasonable and practicable steps to safeguard the health, safety and welfare of their staff. This duty of care extends towards visitors and contractors (non-employees) who are present on their site. Although these…
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When workplace grievances escalate, they can sometimes lead to unexpected legal challenges – including defamation claims. A recent High Court case, Maria Joao de Azavedo Camacho v OCS Group, highlights the complex relationship between workplace disputes and defamation.
Read moreThe Question In the recent case of Boohene and Ors v Royal Parks Ltd, was there a breach of section 41 of the Equality Act 2010 – which prohibits discrimination by a principal against contract workers? The Answer The issue of indirect discrimination was considered in Boohene and Ors v Royal Parks…
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