There has recently been a further case on long-term sickness and a worker’s right to accrue untaken annual holiday leave ( Fraser v Southwest London St George’s Mental Health Trust ). Mrs Fraser was on long-term sick leave after she injured her...

Under the Disability Discrimination Act 1995 (now superseded by the Equality Act 2010 ), when deciding whether or not an employer took sufficient steps to comply with its duty to make reasonable adjustments to remove a disadvantage faced by a disabled...

In Williamson & Soden Solicitors v Briars , the Employment Appeal Tribunal (EAT) considered the employment status of a solicitor who was described as a partner of the firm and whose remuneration was by way of a ‘guaranteed profit share’...

There are generally strict time limits that apply when presenting a claim for unfair dismissal to the Employment Tribunal (ET). Normally, a claim must be lodged before the end of a three-month period beginning with the effective date of termination (EDT)....

The Ministry of Justice (MoJ) has issued for consultation proposals for introducing fees for those wishing to lodge a claim with an Employment Tribunal (ET) or an appeal with the Employment Appeal Tribunal (EAT). Currently, the system is free to use and in...

In July, the Equality and Human Rights Commission (EHRC) announced that it had applied to intervene in four cases due to be heard by the European Court of Human Rights, all of which were brought by Christian employees who claimed to be victims of religious...

Every year the firm's Christmas party presents employees with the chance to relax and enjoy the holiday season. However, it is easy to forget that an employer owes its employees certain obligations, even outside work, when the employer has organised the...

The Health and Safety Executive (HSE) has published provisional fatal injury statistics for the year April 2010 to March 2011 . These show that the number of workers killed in Britain was 171, compared with an all time low of 147 deaths in the previous...

Following its Resolving Workplace Disputes consultation and the Red Tape Challenge review of employment law, the Government has announced its proposals for reform. The aim is to replace overly burdensome regulation whilst safeguarding workers’ rights,...

Under the Agency Workers Regulations 2010 (AWR), which came into force on 1 October 2011, agency workers are entitled to have the same basic terms and conditions of employment as if they had been employed directly by the hirer once they have completed a...

Two companies have been fined a total of £450,000 and ordered to pay costs after health and safety failures led to a maintenance worker falling to his death. Christopher Booker, 49, was working at Aberthaw Power Station when the accident happened in...

The Supreme Court has handed down its decision in a case concerning the employment status of 20 valeters who provided car-cleaning services to motor retailers and auctioneers ( Autoclenz Ltd. v Belcher and others ). The valeters had written contracts with...

As reported previously, the Working Time Regulations 1998 (WTR) as they currently stand are not in accord with recent decisions of the European Court of Justice (ECJ) on the interpretation of the Working Time Directive with regard to the interaction of...

Employers are reminded that new National Minimum Wage (NMW) rates came into force on 1 October 2011. The revised rates are as follows: The adult hourly rate of the NMW has increased from £5.93 to £6.08; The development rate (which...

Earlier this year, the Government published a consultation document entitled ‘Resolving Workplace Disputes’. This sought views on various measures aimed at increasing employers’ confidence to take on more workers, encouraging the early...

The Government is calling on businesses to have their say in the latest phase of its Employment Law Review. From today until 19 October, the Government's ‘Red Tape Challenge’ is focusing on more than 160 different employment-related...

An employee wishing to bring a claim of unfair dismissal must do so before the end of the three-month period commencing with the effective date of termination (EDT) of their employment. Where a period of notice is given, the EDT is the date on which this...

Limited liability partnerships (LLPs) are becoming increasingly common. For example, all of the ‘Big Four’ accounting firms have been LLPs for several years now. Recently, the acrimonious bust-up of an LLP led to one of the ex-members suing the...

Following several suspicious deaths at Stepping Hill Hospital in Stockport, Rebecca Leighton, a nurse working at the hospital, was accused of tampering with medical products, arrested and charged. She was consequently banned from working as a nurse by the...

Whilst the Internet, tweeting, blogging and the like have revolutionised the way we communicate with one another, some estimates report that misuse of social networking tools by employees at work costs the British economy billions of pounds a year and...

Businesses are reminded that new reporting arrangements for workplace health and safety incidents commenced today (Monday 12 September). Only fatal and major injuries and incidents should now be reported by phone to the Health and Safety Executive (HSE)....

A recent case ( Gosden v Lifeline Project Ltd. ) demonstrates that it is important for employers to have in place an Internet usage policy and to ensure employees are aware that disciplinary action may be taken over any conduct capable of harming the...

The Government has accepted all the recommendations made in the recent review of health and safety regulation, ‘Common Sense, Common Safety’, and announced a package of measures designed to support its growth agenda and to ease the regulatory...

The Advisory, Conciliation and Arbitration Service (ACAS) has issued guidance for employers and employees on coping with the effects of the riots which have recently erupted in London and in other major cities across the UK. The focus of the advice is on...

The Government has announced that as part of its ongoing review of employment law, aimed at eliminating unnecessary ‘red tape’, it will consider in detail the case for reforming: Compensation for Discrimination Whilst there need to be remedies...

If an employee is dismissed following an unfair redundancy selection process, the level of any compensatory award can be reduced if the employer can show that the employee would have been dismissed even if the correct procedures had been followed. This is...

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment law rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where...

A recent case in the Court of Appeal ( Tilson v Alstom Transport ) dealt with the application of the ‘necessity’ test for implying a contract of employment between an agency worker and the end-user business where the worker is fully integrated...

A manufacturing company based in Wigan has been fined £12,500 and ordered to pay costs of £1,703 after a worker lost part of his index finger whilst operating a drilling machine. The 46-year-old employee was drilling holes through an iron bar...

The Government’s review of the operation of health and safety legislation in the UK, 'Common Sense – Common Safety', recommended that the risk assessment procedures for low hazard workplaces, such as many offices and shops, should be simplified...

The scheme whereby the names of employers who breach National Minimum Wage (NMW) legislation are published by the Department for Business, Innovation and Skills (BIS) came into effect on 1 January 2011. The aims of the scheme are to deter employers who would...

A committed Spiritualist has failed in his attempt to persuade the Employment Appeal Tribunal (EAT) that his dismissal from the post of Special Constabulary Trainer was unlawful discrimination under the Equality (Religion or Belief) Regulations 2003 ( ...

As part of its comprehensive review of employment legislation, the Government has published a consultation document, ‘Resolving Workplace Disputes’. This seeks views on measures designed to improve the Employment Tribunal (ET) system and to...

The Department for Business, Innovation and Skills has published guidance for employers and those in the recruitment sector on the Agency Workers Regulations 2010 (AWR), which come into force on 1 October 2011. The AWR will give agency workers the right...

Employers are reminded that the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 came into force on 6 April 2011. This means that the last date on which an employer can lawfully notify an employee of a retirement dismissal using...

The Health and Safety Executive (HSE) has published for consultation a proposed amendment to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). This follows a recommendation in the recent Government-commissioned...

A recent decision of the Employment Tribunal (ET) illustrates that you should think carefully before pressing the email ‘send’ button on what you regard as a private communication made out of working hours. If the email contains material that...

The Government has accepted recommendations from the Low Pay Commission (LPC) and announced that the National Minimum Wage (NMW) will increase by 15p an hour to £6.08 in October 2011. The statutory wage for those aged 18 to 20 years will increase by...

Following the introduction of the Equality Act 2010 , the Equality and Human Rights Commission has produced statutory Codes of Practice on employment; services, public functions and associations; and equal pay. The Codes set out what the legislation...

The Government has announced that the right to request time to train will not be extended this April to employees of small and medium-sized businesses. In April 2010, the right was introduced for employees in organisations with 250 or more employees. It was...

The Employment Appeal Tribunal (EAT) has ruled ( Pinewood Repro Ltd. v Page ) that for consultation during a redundancy selection process to be fair, an employee should be provided with sufficient information in order to be able to challenge his or her...

A compromise agreement is a legally binding agreement by which an employee undertakes to refrain from instigating Employment Tribunal (ET) proceedings against his or her employer or, if proceedings have already commenced, to discontinue them, in return for...

Can an employer sack an employee for gross misconduct without breaching its contract of employment with the employee? This question came before the Court of Appeal in the case of Dunn and another v AAH Ltd . Stephen Dunn had previously been the Managing...

The Government has now published draft regulations abolishing the Default Retirement Age (DRA) of 65, which was introduced by the Employment Equality (Age) Regulations 2006. The Employment Equality (Repeal of Retirement Provisions) Regulations 2011 are due...

The Court of Appeal in Northern Ireland has ruled ( Martin v Southern Health and Social Care Trust ) that a nurse was not ‘on call’, for the purposes of the Working Time Regulations 1998 (WTR), during unpaid rest breaks that were at risk of...

The Health and Safety Executive (HSE) has published key annual figures for the year 2009/2010. The statistics show that: 152 workers were killed at work, a rate of 0.5 per 100,000 workers; 121,430 other injuries to employees were reported under...

The Employment Rights (Increase of Limits) Order 2010 details the maximum amounts of compensation employment tribunals can award, which change annually in line with inflation. The Order was laid before Parliament on 10 December 2010 and applies where the...

The much publicised sacking of Sky Sports presenter Andy Gray serves as a salutary reminder to employees and employers alike that attitudes change and sexist banter is simply not acceptable. Mr Gray, who served as assistant to Ron Atkinson when he was the...

The Government has announced its intention to abolish, by 1 October 2011, the Default Retirement Age (DRA) of 65 contained in the Employment Equality (Age) Regulations 2006 . Meanwhile, a preliminary ruling of the European Court of Justice (ECJ) regarding a...

The Government has confirmed that the Default Retirement Age (DRA) will be abolished, in line with earlier announcements on the subject. Employment Relations Minister Edward Davey said, “Retirement should be a matter of choice rather than compulsion...

The Government has announced that the Additional Paternity Leave Regulations 2010 will be introduced according to the timetable proposed by the previous Government. The Regulations will allow new parents greater flexibility as to how they make use of the...

When a claim is made to the Employment Tribunal (ET), the ET reaches a decision based on an examination of the facts before it. An appeal to the Employment Appeal Tribunal (EAT) can only be on a point of law. The EAT’s job is to identify any flaws in...

The Employment Appeal Tribunal (EAT) has ruled that allowing an employee to leave before the expiry of his or her notice period does not, in itself, affect the effective date of termination (EDT) for the purposes of whether a claim of unfair dismissal was...

The Employment Appeal Tribunal (EAT) has upheld the principle that ‘without prejudice’ communications are not permitted as evidence in court except in very clearly defined circumstances. Without prejudice communications are those which take...

An employer whose bonus scheme for sales staff was not tightly worded enough was recently left to count the cost after an appearance in the Court of Appeal . The employer hired a salesperson on a contract which included bonuses for meeting sales targets....

The Employment Appeal Tribunal (EAT) has reaffirmed ( Todd v Strain and others ) that when there is a ‘relevant transfer’ under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the obligation under Regulation...

The use of questionnaires about job applicants' general health and similar issues before a job offer is made - including before selecting a pool of applicants from whom the successful candidate will be chosen - is prohibited under Section 60 of the ...

The Effective Date of Termination (EDT) of an employment contract is of critical importance when determining whether or not a claim of unfair dismissal is presented to the Employment Tribunal (ET) within the three-month time limit allowed. In Heaven v...

As part of its review of legislation, in order to reduce any unnecessary burden of regulation on businesses, the Government has carried out a consultation on the right of employees to request time to undergo training. The right was introduced by the ...

Provisional figures published by the Health and Safety Executive (HSE) reveal that the number of people killed at work in Britain fell to a record low in the year 2009/2010. Between 1 April 2009 and 31 March 2010, 151 workers were killed, compared with 178...

The ruling of the House of Lords in Stringer and Others v HM Revenue and Customs – that employees who are off work due to sickness for more than a year who have been denied their entitlement to statutory holiday pay can bring a claim under the ...

The Government intends to abolish, by 1 October 2011, the Default Retirement Age (DRA) of 65 contained in the Employment Equality (Age) Regulations 2006 and has published a consultation document on how it proposes to achieve its aim. Under the proposals,...

Doubts had been raised that implementation of the Additional Paternity Leave Regulations 2010, which were passed by the previous Government shortly before the May 2010 General Election, would not proceed as planned. However, the Coalition Government has now...

Since April 2009, the names of employers and individuals who fail to pay Employment Tribunal (ET) awards have been added to the public Register of Judgments, Orders and Fines, once enforcement proceedings have been brought against them in the County Court....

Employers have a statutory duty to allow their employees reasonable time off work to carry out public duties. Such duties include acting as a justice of the peace, as a prison visitor, as a member of a local authority or relevant health or education body, as...

The time limits for lodging appeals in the Employment Appeal Tribunal (EAT) are usually strictly enforced. Where an appeal is from a judgment of an Employment Tribunal (ET), the Notice of Appeal and supporting documentation must be lodged within 42 days of...

Two recent cases have clarified the legal situation with regard to employees who claim discrimination contrary to the Employment Equality (Religion or Belief) Regulations 2003 (the Regulations) after being disciplined for refusing to provide services to...

Nowadays, avoiding jury duty is not easy. The Criminal Justice Act 2003 reduced the list of those persons disqualified from being jurors and removed many of the reasons that had previously been accepted for the avoidance or deferral of service. ...

Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often...

Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required...

Employers should be aware that problems may arise during major sporting events as a result of employees supporting different national teams. In a recent case , a woman claimed that remarks made to her by a colleague during the 2006 FIFA World Cup amounted...

In the light of research carried out by the Health and Safety Laboratory, which shows that worker participation in implementing occupational health and safety measures has a positive effect on health and safety performance, the Health and Safety Executive...

An accountant who stole nearly £900,000 from his employer over a 10-year period was ordered to repay £150,000 (the maximum amount of assets available for seizure) and was sentenced to three years in prison. The employee used his illicit gains to...

A person is regarded as being disabled for the purposes of the Disability Discrimination Act 1995 (DDA) if they have 'a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day...

When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it. The company supplied energy surveys of...

If a contract of employment is deemed to be unlawful, the courts will not allow either party to the contract to enforce their rights under it. In Hall v Woolston Hall Leisure Ltd. , the Court of Appeal held that contracts of employment are...

The Employment Appeal Tribunal (EAT) has ruled that, for the purposes of Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the ‘affected employees’ whose representatives an employer must inform...

As a general rule, out of court settlements of employment disputes are not legally binding in that they cannot exclude an employee’s right to take the matter concerned to an Employment Tribunal (ET). A formal compromise agreement is one of the few...

The EC Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure. The...

With the football World Cup due to start shortly, employers who have not already done so should ensure they have policies in place to deal with any issues likely to arise and that employees fully understand them. Whilst you are under no obligation to make...

HM Revenue and Customs (HMRC) are intent on cracking down on employers who fail to pay workers the National Minimum Wage, particularly those who use migrant labour to undercut competitors. To this end, HMRC has established a Dynamic Response Team, made up...

The Government recently decided to amend the law regarding blacklisting of workers, using powers available to it under the Employment Relations Act 1999 , by prohibiting the blacklisting of workers on account of their union membership or activities. The ...

In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced...

The Government has published guidance for employers on the new right of employees to request time off work for training, which is set to be introduced on 6 April 2010. The right to request time to train was included in the Apprenticeships, Skills, Children...

If you are formulating a dress code for employees, it is important not to treat one sex less favourably, if you are to avoid leaving yourself open to claims under the Sex Discrimination Act 1975 . However, this does not mean that the provisions for men and...

A London-based German banker has had his claim of age discrimination against his former employer, the Canadian Imperial Bank of Commerce (CIBC), upheld by the London South Employment Tribunal (ET). Achim Beck, 42, joined CIBC in 2007 as head...

The Employment Appeal Tribunal (EAT) has ruled ( Cavendish Munro Professional Risks Management Ltd. v Geduld ) that in order to fall within the statutory definition of a protected disclosure under Section 43 of the Employment Rights Act 1996 (ERA), a...

Action Points for Business Clients Corporation Ta x Carry Back of Losses The temporary extension of trading loss carry back from one to three years for losses up to £50,000 continues for company losses arising in accounting periods...

A recent prosecution by the Health and Safety Executive (HSE) serves as a warning to company directors and business owners of the importance of implementing comprehensive, safe systems for working at height. David Boulton worked for Mobile Mini UK Ltd., a...

The Court of Appeal has ruled ( Wilson v Health and Safety Executive ) on the correct approach to objective justification in equal pay claims that arise from service-related pay schemes which have a disparate impact on women compared with men. Mrs Wilson...

The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law , which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the...

Recent allegations of bullying within 10 Downing Street have raised the profile of a subject which receives relatively little coverage outside the employment tribunals, in spite of widespread prevalence in the workplace. Workplace bullying is not only...

The EU Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure. The...

New guidance giving practical advice to businesses and employees on preventing workplace harassment and violence has been published following European level agreement between employer and trade union organisations on the necessity of raising awareness of...

The Government has accepted in full the recommendations of the Migration Advisory Committee (MAC) for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The new list applies to all certificates of sponsorship assigned on...

The publicity surrounding the imposition of a fine of £5,000 on Baroness Scotland, the Attorney General, for a breach of immigration law is a reminder to employers of the need to have systems in place to demonstrate compliance with the laws preventing...

A serious breach of an implied contractual term or the ‘final straw’ in a series of less serious actions which cumulatively undermine an employee’s trust and confidence in his or her employer will amount to a repudiatory breach of the...

The Employment Rights (Revision of Limits) Order 2009 , which details the annual inflation-linked changes in limits on the compensation amounts which can be awarded by employment tribunals, was made on 10 December 2009 and applies where the appropriate date...

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 introduced the concept of a transfer of undertakings by way of a service provision change. This was intended to deal with practical difficulties created, in a wide variety of...

Employment disputes often arise because an employer does not consider that an employee’s condition is one that qualifies them for protection under the Disability Discrimination Act 1995 (DDA). It is therefore important that the definition of...

The Pensions Act 2008 contains provisions which will make it compulsory (from 2012) for an employer to enrol qualifying workers aged between 22 and the state pension age who earn more than a de minimus amount (currently set at £5,035 per annum) into a...