Authors

Services
People
News and Events
Other
Blogs
Sally Morris
 

Is a dismissal unfair if employers include past incidents?

  • Posted

In a reassuring Judgment for employers, the Employment Appeal Tribunal has found that including previous issues in an investigation report does not render a dismissal unfair. The Employment Appeal Tribunal confirmed the test for a fair dismissal...

Foster carer rights claim goes to Employment Tribunal

  • Posted

A foster carer has filed an employment tribunal claim against a council for unpaid holiday – amid reports that the case could have much wider implications for carers nationwide. Sarah Anderson, a foster carer, said she is used by Hampshire County...

Changes to how the Insolvency Service calculates holiday pay

  • Posted

The Insolvency Service pays holiday pay (along with notice pay and redundancy pay, all subject to various caps) to employees whose employers are insolvent. It has announced that the Insolvency Service will be changing the way it calculates holiday pay so...

How to ensure non-English speaking employees have a fair hearing?

  • Posted

There may be occasions when a company needs to interview an employee whose first language is not English. This is especially the case when an employee has a good enough level of English to get by in their job, but are not in a customer facing role and...

Mentally ill TX Maxx employee "unfairly dismissed", rules Tribunal

  • Posted

An Employment Tribunal has ruled in favour of a TX Maxx employee who was dismissed over a dispute involving a pair of trainers. Ali Sadeghi worked for the retailer for around 13 years, becoming the Kensington store’s general manager in 2016. The...

Who do I state as a Respondent during Acas Early Conciliation?

  • Posted

In most Employment Tribunal cases, a Claimant must provide ACAS with prescribed information before starting proceedings, specifically the names and addresses of the prospective parties. The rules state that if there are more than one prospective Respondent,...

Importance of robust background checks highlighted in Uber ban

  • Posted

Earlier this week, a shock ruling effectively banned Uber, the taxi app firm, from operating in London. Transport for London (TfL) said Uber had failed to, among other things, carry out effective checks of their drivers. These include what’s known as...

Can you resign when there is a dispute about shift patterns?

  • Posted

Adam Gregory worked as a postman for Royal Mail since 1993. He has a daughter from a former marriage, and under an access agreement, he sees her at weekends. Because of this, Gregory approached his line manager in 2012 to limit his working days Monday to...

Employment Law: Settlement Agreements Q&A (Part 3)

  • Posted

Q: Are Settlement Agreements confidential? One of the significant advantages of using a Settlement Agreement is that is allows an employment dispute, or a potential dispute, to be concluded relatively quickly and privately. It is...

Two-thirds of "underpaid" workers are female, says report

  • Posted

Women are “more likely to be paid less” than the National Minimum Wage (NMW), according to new research. The Low Pay Commission (LPC), which published the report, also says women are least likely to complain about underpayment. According to the...

National Living Wage has created unsustainable cost rises

  • Posted

The British Chambers of Commerce has released its annual workforce survey which shows the National Living Wage, the Apprenticeship Levy and auto-enrolment could lead to reduced opportunities for investment and wage growth due to increased costs for...

How do I support a transgender individual in the workplace?

  • Posted

According to new research commissioned by Acas, prejudice can be a daily experience for trans people but poor awareness from employers about the challenges they face can leave them isolated at work. The study shows that employers are not up to speed with the...

Employment Law: Settlement Agreements Q&A (Part 2)

  • Posted

Q: Can I be accompanied to a meeting with my employer? There is no legal right for employees/workers to be accompanied during meetings to discuss or negotiate a proposed termination of employment and Settlement Agreement with their...

New study reveals importance of "KIT" days for new mothers

  • Posted

Women on maternity leave are denied the appropriate training opportunities when compared to colleagues at work, according to a new study. Under current statutory rules, women on maternity leave can agree to have up to 10 keeping-in-touch (KIT) days. Among...

Can employers investigate social media profiles of employees?

  • Posted

Increasingly, employers are looking at online profiles of prospective candidates when recruiting for their businesses. Naturally LinkedIn is the go to social media platform, but what about Facebook, Twitter, Instagram etc. There is no specific prohibition...

Employment Law: Settlement Agreements Q&A

  • Posted

Q: What is a Settlement Agreement? A Settlement Agreement is an agreement (formerly known as a Compromise Agreement) whereby an employee or workers agree not to pursue certain statutory Employment Tribunals claims against their employer....

Men twice as likely to have mental health problems at work

  • Posted

Mental health charity Mind has published the results of a survey which suggests that men are twice as likely to suffer with mental health problems due to work when compared to women. According to the survey of 15,000 employees across 30 organisations, 32%...

McDonald's staff stage first ever UK strike in call for higher pay and more secure contracts

  • Posted

Staff working for multinational fast food chain McDonald’s recently went on strike for the first time known in the UK, in a bid to secure more favourable employment rights. According to reports, approximately 40 members of staff at two restaurants in...

Disciplining employee for quoting Bible is not discrimination

  • Posted

Mr Trayhorn was employed by the Secretary of State as a gardener at a prison. The prison had a chapel, and employed full-time Chaplains. Mr Trayhorn was a Pentecostal Christian, and an ordained minister. As well as his role as a gardener, he volunteered in...

Workers receive back pay after failing to receive minimum wage

  • Posted

As part of the government's routine "naming and shaming" of employers that have failed to pay their staff the national minimum wage, 13,000 workers are set to receive back pay amounting to £2 million. According to the latest list, 233...

Companies to be forced to publish executive wage ratios from next year

  • Posted

Companies will be forced to publish how much more their chief executives are paid compared with the average employee, in a move which the Government believe will promote wage equality. The proposals, due to come into effect June 2018, will form part of a...

Man who shared competitor's food offer on social media "unfairly dismissed"

  • Posted

A man who was dismissed for sharing a competitor firm’s food offer on social media has won an employment tribunal against his former employer, the CIPD has reported. The Manchester Employment Tribunal heard how Michael Hayward had worked for butchers...

Acas Early Conciliation and getting the employer's name right

  • Posted

If a director was named on the ACAS Early Conciliation form and the company an Employment Tribunal Claim Form, should the claim be allowed to proceed (as this was a minor error)? No, held the Employment Appeals Tribunal in the case of Giny v SNA Transport...

Voluntary overtime should be included in holiday pay calculations, says EAT

  • Posted

Regular voluntary overtime must be included when calculating holiday pay, the Employment Appeal Tribunal (EAT) has agreed. Holiday pay is calculated pro-rata, currently 5.6 times your usual working week. The same applies to paid overtime, but this new...

Employers obliged to consult with trade unions on workplace changes, rules Court of Appeal

  • Posted

Employers will be obliged to consult with trade unions around any workplaces issues that could affect workers, according to new guidance from the Court of Appeal. The trade union Unison brought the case alongside two park police officers who had been made...

New Bill to allow grieving parents paid statutory leave

  • Posted

The Government has presented a new bill which, if successful, will allow grieving parents the right to statutory leave. The Parental Bereavement (Pay and Leave) Bill will ensure that parents who have suffered the death of a child will receive paid...

Court of Appeal rules on "public interest" test case

  • Posted

The Court of Appeal has ruled on a significant test case in relation to whistleblowing and public interest. In Chesterton Global Ltd and another v Nurmohamed , the case considers the approach to be taken by tribunals when deciding if a disclosure is...

Workers feel powerless

  • Posted

The Taylor Report on employment in the UK, published today (July 11), has said that it should be made easier for workers to insist that their employers sit down and consult with them. In the course of the 10-month review, one of the key problems that...

Male employee succeeds in sex discrimination claim

  • Posted

Mr Ali was employed by Capita Customer Management Ltd (Capita). Female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ SMP. Male employees were entitled to two weeks’ paid ordinary paternity...

Extend NMW legislation to self-employed, says Resolution

  • Posted

Self-employed workers suffering from extremely low pay should be entitled to the National Minimum Wage (NMW), a charity has claimed. The Resolution Foundation says about half of the 4.8 million people classified as self-employed are low-paid and earn less...

Employees losing almost £3bn a year

  • Posted

Recent research has found that British workers lose almost £3bn a year in unpaid wages and holiday, with recruitment agencies being amongst the most likely to be wrongly paying staff. According to a report from Middlesex University, which forms part...

Workers can claim compensation if not allowed to take holidays

  • Posted

The European Union’s Advocate General has informed the European Court of Justice (ECJ) that workers are entitled to paid leave and can claim compensation if they are not allowed to take holidays. Giving his opinion about a case involving a UK window...