Search site
Call our office
Make an enquiry
On 26 October 2024 the new duty to prevent sexual harassment comes into force. In this update we provide details of the new duty, and the steps employers can take now to prepare. How has the law changed? Under the current law, sexual harassment in the...
Chattertons acted for the Claimant, Mrs Sisson, in her Employment Tribunal case. The Claimant was a Teaching Assistant and suffered severe anxiety amounting to a disability. The Claimant's employment terminated after the school alleged that she had...
In the recent case of Finegan v Ainsty Timber Marketing an Employment Tribunal considered an unfair dismissal claim brought by a director. The Claimant was a statutory director, acting as the Finance Director. He was partly paid in salary and partly for...
A fixed-term contract is a contract of employment that ends on a particular date unless renewed. Employers may use such contracts for temporary projects or surges in work that may not be sustainable. An employee engaged through fixed-term contracts is...
In the recent case of Mr W Norman v Lidl Great Britain Ltd: 1804509/2023 the Claimant, aged 60, had been selected after scoring one point lower than a comparator in his 30s. The Employment Tribunal deemed the selection for redundancy unfair due to flaws...
In the case of Bentinck v Marken Ltd: 3305095/2023 has found that an employee's dismissal was fair. The employer received a complaint from DHL Global Forwarding [“DHL”]. DHL was a client and competitor of the respondent. DHL identified...
In the case of Mr C V David v Jaguar Landrover Ltd an employment tribunal sitting in Birmingham has upheld the Respondent's application for costs in the sum of £20,000. The Claimant brought claims for constructive dismissal and race...
In the case of Mr R Kissick and others v Department for Education: 2202244/2022 an Employment Tribunal has considered when senior personnel are in scope to transfer on a service provision change. Background During 2017, the Department for Education...
A general election is to be held in the UK on 4 July 2024. In this update we provide details of the main employment law policies being pursued by each of the three main parties. The policies listed below are not an exhaustive list. General election 2024:...
New rules to ensure fairness and transparency around handling tips and gratuities will soon go live for hospitality and other service sector businesses. These are designed to ensure an even-handed approach in situations where the employer has...
In 2021, the government asked Acas to investigate the use of so-called "fire and rehire", which is the practice of forcing through changes to employees' terms and conditions of employment by terminating employment and offering re-engagement on...
In the recent case of Mr D Tadesse v The London Borough of Camden the employer was deemed to have failed to make a reasonable adjustment and victimised the employee regarding a proposed relocation after the Claimant had raised a grievance. The Claimant...
In the recent case of C R O’Neill v The Richmond Partnership: 2501671/2023 the Claimant raised an informal grievance, alleging bullying by her line manager, who practiced criminal law. Although the Employment Tribunal found that the Claimant's...
Paternity Leave On 7 March 2024, the Paternity Leave (Amendment) Regulations 2024 (SI 2024/329 ) were made. The regulations introduce the following key changes: To allow fathers and partners to take paternity leave as two non-consecutive blocks of one...
The draft Paternity Leave (Amendment) Regulations 2024 will introduce the following changes: Fathers and partners can take their leave and pay as two non-consecutive blocks of one week, rather than only in one block of either one or two weeks. Fathers...
In the recent case of Miss C Davies v Neath Port Talbot Council and Governing Body of Sandfields Primary School: 1600320/2023 an Employment Tribunal has considered the fairness of a redundancy procedure. The redundancy procedure arose in response to a...
The Government has launched a consultation on reintroducing Employment Tribunal fees. The Supreme Court had previously decided that the former fees regime was unlawful because of the extent to which those fees had restricted access to justice. However, on...
In the recent case of Sturgess v Cambridge Country Club Ltd: 3312598/2022 an Employment Tribunal has upheld a claim for unfair dismissal. The Claimant was dismissed for gross misconduct after the employer received allegations of harassment from three...
Martin Cornforth , Partner in Chattertons Employment Law team, recently provided an update for the National Association of Special Schools (NASS) following their HR & Finance Special Interest Group meeting. The update included information regarding...
In the case of Mr Allister Webb v Anglian Windows Ltd T/A Anglian Home Improvements an employment tribunal considered whether the claimant could be an employee having contracted with the respondent through a partnership. He could only pursue a claim for...
In the recent case of Ms S McAuley v Canterbury Christ Church University: 2300946/2021 an employment tribunal considered the fairness of a redundancy selection. The Claimant suffered from anxiety and depression, which was severe enough to attract...
In the case of Mr J Richardson v West Midlands Trains Ltd an Employment Tribunal considered the fairness of the Claimant's dismissal for two pranks played on a colleague, which were deemed to be bullying and gross misconduct by his employer. The...
In our previous newsletter we noted several updates in employment law including changes to working time, TUPE, and data protection. This month sees more updates announced including: Protection from redundancy during or after pregnancy or periods of family...
World Menopause Day took place on 18 th October 2023. To mark the occasion, we have produced an article reporting on a recent Employment Tribunal claim concerning the Menopause. Did you know that Menopausal symptoms could be defined as a disability...
Whistleblowing is the action someone takes to report wrongdoing in the public interest. This guide considers protection for whistleblowers in the work place. By law whistleblowers are protected from: unfair dismissal – if someone is dismissed for...
The Workers (Predictable Terms and Conditions) Act received royal assent on 18 September 2023. The new legislation will give employees and workers a right to request a predictable work pattern under the Employment Rights Act 1996, subject to certain...
In the recent case of Borg-Neal v Lloyds Banking Group plc ET/2202667/22 an Employment Tribunal upheld an employee's claims following his dismissal for using an offensive racial term during a race education training session. The employee had worked...
In AECOM Ltd v Mallon , the Employment Appeal Tribunal ("EAT") has upheld an Employment Tribunal's decision that an employer should have made reasonable enquiries regarding an employee's request for an oral rather than a written...
The Working Time Regulations 1998 (SI 1998/1833) (WTR 1998), is the key legislation governing working time in the UK. This Guide covers the key provisions, except for annual leave. Meaning of working time The concept of "working time" applies to...
This guide provides practical guidance for responding to subject access requests made by employees pursuant to the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018). As such this guide is limited in...
Spain's recent Women's World Cup win has been overshadowed by adverse publicity after Spanish football federation president Luis Rubiales, kissed forward Jenni Hermoso on the lips. Fifa decided to "provisionally suspend Mr Luis Rubiales from...
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...
Due to changing work practices during the pandemic, the Government's Flexible Working Taskforce recommended that flexible working should be the default position for all workers post-pandemic. On 20 July 2023, the Employment Relations (Flexible Working)...
In part 1 of our guide to disability discrimination we looked at Discrimination arising from disability . In part 2 of the guide we examine the duty to make reasonable adjustments . Background The Equality Act 2010 ("EqA 2010")...
What is an apprenticeship? Apprenticeships are work-based training programmes, which lead to nationally recognised qualifications. They enable employers to avoid skills shortages. They also allow apprentices to develop skills by working alongside...
Sometimes during restructures, an employer offers to slot an employee into a new role as an alternative to dismissal. However, if the new role is on less favourable terms, the employee may refuse the change; in this scenario an employer will often consider...
As the availability of artificial intelligence is rapidly increasing, the Trade Union Prospect has recently conducted a survey of more than 1000 people, finding that 58% of workers think the government should regulate the use of generative AI in workplaces....
In the case of Miles v Driver and Vehicle Standards Agency the Employment Appeal Tribunal ("EAT") considered the relevance of a decision by an individual to refrain from undertaking certain activities due to a medical condition when assessing if...
Many managers will have to deal with misconduct by an employee. When doing so, a fair procedure should be followed, or any resulting dismissal could be deemed unfair by an employment tribunal. This article explains how to carry out a fair investigation,...
In this part 1 of our guide to disability discrimination we will be considering Discrimination arising from disability and the development of case law. In our next newsletter, part 2 will examine the duty to make reasonable adjustments . ...
Navigating the complexity of employment can be challenging for organisations of all shapes and sizes. Ensuing compliance with employment law when making decisions that impact staff is always important. There are a number of basic legal requirements, for...
In a policy paper dated 10 th May 2023, the Government announced it's intention to, "improve regulation following our departure from the EU, whilst maintaining UK labour standards," by proposing specific changes to the following aspects of...
Holiday pay for the additional bank holiday on 6th May to celebrate the upcoming coronation is giving employers a headache before a toast has been raised to the new King. The long weekend is intended to give the nation the chance to take part in...
March is Endometriosis Action Month, which aims to raise awareness of this condition and to promote better support for those living with it. Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. In...
A crack-down by British Airways on social media posting by staff has highlighted the challenge for employers in keeping policies up to date in a fast-moving digital environment. The new guidance from the airline bans staff from posting when they...
It's no secret that adverse weather can impact businesses, employees, and their livelihoods. From icy roads to severe thunderstorms, extreme weather can disrupt normal operations and leave employers and employees with difficult decisions about how to...
Hospitality workers must receive all gratuities and service charges without deductions in future Hospitality and other service sector businesses need to gear up for gratuity changes, with new legislation designed to tie up loose strings over tipping...
Job seekers wishing to present themselves in a good light by inflating their experience and qualifications may get the job today, but the deception could cost them their future career and even their freedom. That’s the warning following a...
Holiday pay for those who work only part of the year and have no contractually set hours should be calculated on the basis of average earnings, the Supreme Court has confirmed. In a judgement that is likely to mean higher holiday pay payments for many...
Employers harnessing social media or artificial intelligence to reach new recruits and remove bias from their processes may find themselves inadvertently discriminating against the very people they are trying to reach. Figures from the Office of...
