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Sally Morris
 

ICO Guidance: Sharing Data in Mental Health Emergencies at Work

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On 1 st March 2024, the ICO published new guidance for employers on sharing personal data during workplace mental health emergencies. The ICO acknowledged that employers may need to share personal information about employees’ health to emergency...

New EHRC guidance on menopause in the workplace

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The headlines have been filled today with news of the publication of the Equality and Human Rights Commission (EHRC) new guidance for employers in relation to supporting those suffering from menopause symptoms in the workplace. The symptoms of...

New ACAS Code of Practice on flexible working

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Flexible working laws are due to change with effect from 6th April 2024. The new code incorporates all of the proposed changes to the legislation from April 2024, including reaffirming the 8 business grounds that can be relied on by an employer to reject an application.

Holiday pay calculations to change

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Managers on the look-out for changes in employment law following Brexit need to prepare for new holiday entitlement and pay calculations. The Retained EU Law (Revocation and Reform) Act 2023 became law in June, setting out how EU-based laws are to be...

What you need to know before hiring seasonal workers

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Seasonal agricultural work - What you need to know before hiring seasonal workers Seasonal agricultural work is an important part of the UK's farming industry. It provides an opportunity for farmers to hire workers for a short period of time, like...

How should employers be supporting workers with endometriosis?

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Endometriosis Month - How should employers be supporting workers with endometriosis? Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. March is Endometriosis Action Month, which aims to raise...

November 2021 Employment Law Bulletin

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November 2021 Employment Law Bulletin Welcome to our Employment Law Bulletin for November 2021. This month’s bulletin focuses on a number of key developments and of course the ever changing landscape in relation to COVID vaccinations. Increase in...

Minimum wage for on call and sleep in shifts

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Several businesses rely upon members of staff to be on call, with many organisations paying these individuals a flat rate or sometimes no pay at all for simply being on call. This presents a number of problems: Is the individual an...

Coronavirus Job Retention Scheme extended for businesses

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The Chancellor Rishi Sunak has announced the Government’s Coronavirus Job Retention Scheme will be extended by a further 5 months from 30 th April to 30 th September 2021. The key points are as follows: The scheme has been...

IR35 changes delayed until 2021

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The current rules and regulations surrounding IR35 were originally introduced in 2000 by the Government in an attempt to tackle perceived tax avoidance. The target was individuals setting up personal service companies to provide services to just one other...

World Menopause Day

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18th October was World Menopause Day; a day which is observed around the world to raise awareness of the impact of the menopause. The menopause occurs in all women, and commonly begins between the ages of 45 and 55, although some start experiencing symptoms...

Brexit - What are the implications for employment law in the UK?

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These useful Q&As have been put together by the Employment Team at mfg Solicitors LLP and considers some of the potential implications of the UK leaving the UK in selected areas of employment law. If you have any queries with any...

Employees failing to take holiday allowance may move elsewhere, says report

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Around two in five UK employees report taking a maximum of just half their annual leave entitlement, according to a new study. Glassdoor, which published the research, added that the average employee takes just 62 per cent of their allowance. Likewise,...

What can you tell an employee to wear in the workplace?

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What can you tell an employee to wear in the workplace? New rules on employee dress code may give employers more clarity on what they can and can’t tell workers to wear. The guidelines, published here , follow a review by the Government Equalities...

Can employees safely confide in managers about mental illness?

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A new report has looked into the stark impact that stress and mental health has on workers following research that absence is costing the economy some £26 billion per annum. The findings explore workers’ reluctance to discuss these important...

Ministry of Justice to contact those due refund over employment tribunal fees

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The Government is making a u-turn on its initial decision not to contact people who were forced to pay employment tribunal fees . The change of plan was announced by the current Secretary of State for Justice, David Gauke, who said that the refund scheme...

When does a notice of termination take effect? New Judgment says from when it is read

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A notice of termination takes effect from when the employee actually reads it, the Supreme Court has ruled. The judgment follows the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood. The Supreme Court found in favour of NHS worker...

Zero-hours contracts rise despite employment rights push

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The number of zero-hours contracts rose significantly in 2017, despite the drive to level the playing field between workers and employers. The Office for National Statistics (ONS), which published the figures, revealed that the number of contracts...

EMI scheme: important changes for employers

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Employers who pay employees in share options should take note of important new changes which came into effect this month. In a recent announcement, HM Revenue & Customs (HMRC) revealed that EU State Aid approval for the Enterprise Management Incentives...

New rules seek to address agency worker rights

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The Advisory, Conciliation and Arbitration Service (Acas) has updated its guidance on agency workers. Employers need to be aware of the changes and update their policies if any or all of the changes apply to them. What’s new? The new rules look to...

New National Minimum Wage comes into force

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More than 2.5 million workers returning to work today from a long bank holiday weekend will find that they’ve received an above-inflation pay rise. On Sunday 1 April, the National Minimum Wage (NMW) increased from £7.50 to £7.83 - a rise...

Human rights group calls for ban on non-disclosure agreements in the workplace

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The Equality and Human Rights Commission (EHRC) has called for new legislation preventing employers from using non-disclosure agreements to “sweep sexual harassment under the carpet”. It added that “corrosive working cultures have silenced...

Whistleblowing prison workers "unfairly dismissed"

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Two Liverpool prison workers were unfairly dismissed for whistleblowing, a BBC report has revealed. John Bromilow and Harry Wildman were both sacked after raising concerns about working practices - including carrying out repair work, painting jobs and other...

Employment tribunal claims double since fee ban

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Employment tribunal claims have almost doubled year-on-year since the abolishment of fees, official figures have shown. The data, published by the Ministry of Justice, shows that some 8,173 claims were lodged with the courts in the three months to December...

Pay discrimination costs UK economy £127 billion a year, report claims

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Discriminatory pay practices cost the UK a staggering £127 billion every single year, a new report claims. According to research experts INVOLVE, gender discrimination against women alone costs the UK £123 billion a year in lost productivity,...

Employers need "access to people", says CBI

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“Access to people” is as important as a future trade deal with the EU, according to the Confederation of British Industry (CBI). The warning came shortly before CBI Director-General Carolyn Fairbairn was due to speak to businesses about...

Employment world awaits Pimlico Plumbers ruling

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Later today, the Supreme Court will rule on a case that will have “significant ramifications” on employment law across every industry. Pimlico Plumbers, the gig economy firm, is appealing the case of Gary Smith, a self-employed contractor who...

Share the joy: parents urged to take up offer of shared parental leave

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Since the introduction of Shared Parental Leave (SPL) in 2015, the take-up has been dismally low. Official figures suggest that as many as 285,000 couples qualify for SPL every year, but as few as 2 per cent take up the scheme. Experts also suggest that...

Birmingham joins campaign to promote diversity in apprenticeships

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Birmingham is among the five cities to take part in the Government’s campaign to promote the take-up of apprenticeships among under-represented groups. It was reported this month that the Midlands hub would join Manchester, London, Bristol and...

Gambling shop manager "unfairly dismissed" after refusing to accept pay cut

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A woman was unfairly dismissed by a gambling operator after she refused to take a significant pay cut, reports have shown. Nicola Dinham was a store manager at a William Hill gambling outlet with around 20 years’ experience. In and around July 2016,...

Charity reveals "widespread transphobia" in the workplace

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More than half (51 per cent) of transgender (trans) people have hidden their identity at work for fear of discrimination, according to LGBT charity Stonewall. The organisation said its poll has revealed the “shocking impact of widespread...

HR mishandling amounts to constructive dismissal, says Tribunal

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A former worker of The Royal British Legion was unfairly dismissed, an Employment Tribunal has ruled, after it became apparent that the charity’s HR team had mishandled the employee’s concerns. The Court heard how Carolyn Bickerstaff, who left...

Sacked AA boss lodges tribunal claim

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A former AA boss, who was sacked in July for assaulting a colleague, will take his case to an Employment Tribunal, it has been reported . AA said it was “astonished” at the legal claim brought by ex-chairman Bob Mackenzie. Mr Mackenzie’s...

Management key to securing employees in 2018, suggests survey

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Around half of employees will look for a new job in 2018 because their wellbeing is not being looked after, a new survey has revealed. HR firm Investors in People, which published the report, found that poor management, feeling undervalued, and a lack of...

European Working Time Directive in debate

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The laws surrounding the maximum hours an employee can work in one week may be scrapped under plans currently debated in Parliament. Environment Secretary Michael Gove said he will recommend that the Government should leave the European Working Time...

Employers fined millions for failing to pay the National Minimum Wage

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A number of high-profile employers have been publically “named and shamed” after not paying staff the legal minimum wage. Sports Direct and Primark are among the 260 companies said to have repaid workers millions of pounds. The figures,...

BBC says BAME-only job is legal under Equality Act

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The BBC has been forced to defend itself after it posted a BAME-only (black, Asian and non-white minority ethnic) job opportunity on its website. Conservative MP Andrew Bridgen criticised the BBC for not supporting “those most in need of a leg up and...

Outsourced workers take university to employment tribunal after it refuses "joint employment"

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Outsourced support staff are filing a legal challenge against University College London after it refused to give them the same employment rights as it does its own staff. Experts are saying the outcome of the “landmark” case could affect...

Employees should be able to report sexual harassment "without fear"

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Employees should be able to report sexual harassment “in confidence and without fear”, the Confederation of British Industry’s (CBI) Director General, Carolyn Fairbairn, has said. The CBI speaks for around 190,000 businesses in total,...

Employers must invest into mental health, study suggests

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A new survey has revealed that just one in five employees feel comfortable discussing mental health in the workplace – amid figures that show that 300,000 jobs are lost each year due to mental health problems. Opinium Research, which published the...

Government launch employment tribunal refund scheme

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The Government has now published details on how both employees and employers who paid now-banned employment tribunal fees can apply for a refund. In July 2017, the Supreme Court ruled that paying to bring an employment tribunal claim is unlawful. The...

Foster carer rights claim goes to Employment Tribunal

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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...

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

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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...

Importance of robust background checks highlighted in Uber ban

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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...

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

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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...

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

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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...

Workers receive back pay after failing to receive minimum wage

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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

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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"

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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...

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

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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

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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...

Extend NMW legislation to self-employed, says Resolution

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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

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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...