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Companies looking to protect their business by relying on non-compete clauses for key employees should check that any post-termination restrictions are reasonable. To be enforceable, they should go no further than protecting an employer’s...
Click here to download the Flexible Furlough Guidance....
The legal system has had to quickly adapt to the challenges faced as a result of the Coronavirus pandemic, and one example of this is the Employment Appeal Tribunal's (EAT) need to take steps to modernise the way their hearings take place. The...
Over the last few months we have seen significant changes across all industries in an attempt to effectively deal with the COVID-19 pandemic. The Tribunals have not been any different. A large number of Employment Tribunal Hearings were postponed...
On Friday, 29 May 2020 Rishi Sunak announced updates to the Coronavirus Job Retention Scheme. The main points announced at the Chancellor's press conference include: The 10 June 2020 will be the last day that employers can place their employees...
The Employment Team have successfully defended an appeal heard in the High Court on a legal point never before determined with binding precedence. The case, led by Grant Shackleston, concerned whether an express confidentiality term in an ACAS COT3...
Since the creation of the Coronavirus Job Retention Scheme on 19 March 2020, the Government has contributed towards the wages of 7.5 million workers and it is estimated that it has cost over £14 billion to date. On 12 May 2020, The Chancellor,...
FURLOUGH LEAVE: EMPLOYEE'S FAQs Download here ...
On 6 th April 2020, the Agency Worker (Amendment) Regulations 2019 came into force which had the effect of abolishing the Swedish Derogation. What is the Swedish Derogation? Before 6 th April this year, Regulations 10 and 11 of the Agency Worker...
Significant changes will be made to the way employers in the UK recruit citizens from around the world following the introduction of a new points-based immigration system from 1 st January 2021, which will mean an end to free movement. The key aim of the...
April 6 is usually an important date in any Employment Lawyer 's calendar as it is one of the two dates each year when legislative changes are implemented. This year has been exceptional, with many focussed on the employment implication of the...
The Supreme Court has just issued an important judgment on the scope of vicarious liability, the principle that an Employer can be legally responsible for wrongs committed by its employees . Although the principle has existed for nearly 200 years, cases...
Yesterday the government issued further guidance for employers and employees on the Coronavirus Job Retention Scheme, to include details of who is eligible and what they could be entitled to. Our Employment Law Team have put together a useful booklet...
Away from Coronavirus, The Employment Tribunals have today updated the so-called Vento bands for damages payable to a Claimant who has been found to have suffered injury to feelings as a result of unlawful discrimination . The bands, which take their...
Employers are on countdown for new requirements on employment contracts. From April, the statutory requirements around statements of particulars are changing and being extended to include all workers, not just employees. It means that anyone...
COVID-19 CLIENT NOTICE Chattertons are open and we are working hard to provide our usual high standard of service to our clients. We are now able to see clients for essential meetings, by appointment only. Most of our advisors are working...
The Employment Law Team at Chattertons have been busy advising our clients in order to prepare for the impact that the coronavirus pandemic may have on the business and their workforce. We have put together a short guidance booklet to help answer...
Chattertons Solicitors are open for business. However we are following government recommendations and would encourage you not to visit any of our offices except by prior arrangement. We are closely monitoring the developments of COVID-19 and are...
The Employment Rights (Increase of Limits) Order 2020 has been laid before Parliament. From 06 April 2020 , the Order will implement a number of changes to compensation limits, such as: - The limit on a 'week's pay' will be increased from...
IR35 and the off-payroll working reform initially came into force in 2017 for public sector organisations. However, on 6th April 2020 the new IR35 rules will come into force, affecting medium/large private sector organisations. Although often...
1. As an employee, am I entitled to pay if I self-isolate? If the employee chooses to self-isolate but are not instructed to do so by a medical professional: Strictly speaking, no. There is no statutory right to receive pay for time away from work...
Last year the Court of Appeal in the case of Chief Constable of Leicestershire v Hextall held that it is not discriminatory to pay men on shared parental leave less than the enhanced rate of maternity pay paid to women on maternity leave. The Supreme Court...
A Sky engineer who was dismissed following failure to follow health and safety rules is successful in claim of unfair dismissal and disability discrimination . Mr Plowright was employed by Sky-in-Home Services Limited as a Field Engineer from March 2007...
A philosophical belief is a "protected characteristic" under the Equality Act 2010. It is unlawful to discriminate against an individual because of their philosophical belief. There is a five-point criteria to be met in order to...
What is TUPE (Transfer of Undertakings)? The purpose of TUPE is to protect employees in the event that the business they work for transfers over to someone else. It means that the employees' terms, entitlements and rights remain the same with the new...
Workplace mental wellbeing is a top concern among employers, according to European-wide research.* According to the World Health Organisation, in the UK, workplace mental illness is estimated to cost 2% of GDP and the latest statistics from the ...
NEW REGULATIONS REGARDING PARENTAL BEREAVEMENT TO COME INTO FORCE THIS YEAR On 23 January 2020 the Government announced that from 06 April 2020 the rights under the Parental Bereavement Leave Regulations 2020 and the Statutory Parental Bereavement Pay...
In the employment blog on 30 October , we reported on the Equal Pay claim being pursued by Samira Ahmed against the BBC. As reported in the press, the Employment Tribunal has now released its Judgment and has found in favour of Ms Ahmed. Firstly, the...
The government announced the National Living Wage and National Minimum wage increases due to come into effect on 1 April 2020. The increases are as follows: Age of employee Old/Current rate (per hour) New rate from April 2020 (per hour) ...
WHISTLEBLOWING NURSE AWARDED OVER £127,000 IN COMPENSATION FOLLOWING A CLAIM IN THE EMPLOYMENT TRIBUNAL Whistleblowing is a term used for disclosing wrongdoing within your organisation. Workers who make what is known as a 'protected...
The recent case of Jakkhu v Network Rail Infrastructure Limited 2019 shows that a dismissal can be classed as a detriment, even if the claimant has returned to work. The Claimant had a history of sickness absence for both disability and non-disability...
Boris Johnson launched the Conservative Party manifesto over the weekend. The key employment related commitments contained within it are: A general commitment to "Achieve the right regulatory balance between supporting excellent business practice...
NHS Trust Ordered to pay £200,000 in compensation for Age Discrimination Last year the Employment Tribunal in Reading heard the case of Jolly v Royal Berkshire NHS Foundation Trust which related to a claim for unfair dismissal and age...
The Liberal Democrat Party published its 2019 Election Manifesto earlier this week. The noteworthy employment-related commitments include: Amending the Equality Act 2010 to include protection for Gender Identity and Expression; and to prohibit Caste...
The Labour party has published it 2019 Election Manifesto. The employment-related pledges in the document include: A Nation Living Wage of at least £10 for all workers ( including those under 21) The creation of a "Ministry of Employment...
The BBC is facing further Equal Pay problems after the claim last year by the then-China editor Carrie Gracie that she was being paid significantly less than comparable (male) BBC journalists. The presenter Samira Ahmed has issued a claim for Equal Pay in...
In the case of Mackereth v The Department for Work and Pensions and another the Employment Tribunal has held that a Doctor was not discriminated against on the grounds of religious beliefs after he refused to address transgender patients by their...
In the recent case of Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that Mr Pazur had been subjected to an unlawful detriment when his employer threatened to dismiss him for complying with Regulation 10 of the Working Time...
The Chancellor, Sajid Javid has announced plans to significantly increase the rate of the National Living wages over the next 5 years. The National Living Wage is currently £8.21 for those aged 25 or over, but at the Conservative party conference last...
In the recent case of Raj v Capita Business Services Ltd , the Employment Appeal Tribunal dismissed an employee's claim that he had suffered harassment under s.26 of the Equality Act 2010. Mr Raj claimed that his female manager had massaged his...
At the labour party conference last month, Shadow Equalities Minister Dawn Butler announced plans to introduce new support and protection for Menopausal workers after a CIPD survey found that 60% of menopausal workers reported that their menopause symptoms...
Slow progress at the Employment Tribunals The Employment Tribunal system (in which the large majority of employment-related claims are heard) is still struggling to handle the increased volume of claims that have been issued since the abolition of fees...
I believe…..that I should be protected in Law…. The Equality Act 2010 is the main piece of Anti-discrimination legislation in the UK; protecting employees from less favourable treatment by their employers on a number of "protected...
Holiday Pay and Term Time Workers Almost all workers are legally entitled to 5.6 weeks' paid holiday a year. This includes agency workers; workers with irregular ours and workers on zero-hours contracts. The Court of Appeal in The Harpur Trust v...
RELIGIOUS DISCRIMINATION: Dismissal after comments against same sex adoption was not discrimination on religious grounds The Equality Act 2010 offers protection to individuals from discrimination because of their religion or belief. This law applies to...
When a Claimant is successful in a claim for discrimination, the Employment Tribunal is entitled to award them extra compensation known as injury to feelings. This is to compensate the victim for the hurt feelings they have suffered as a result of the...
The Court of Justice of the European Union (CJEU) have held in Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE that an employer must keep records of an employee’s hours worked to fulfil their obligations under the Working Time...
The new National Minimum Wage and National Living Wage is set to increase from 01 April 2019 onwards. This new rate will apply to the next pay period that begins on or after the date a rate increase begins or an employee reaches a new age bracket. For...
Maternity Rights The Employment Appeal Tribunal have held that sending a female employee an important email to an inaccessible address whilst she is on maternity leave amounts to unfavourable treatment under the Equality Act 2010. In SW Yorkshire...
The principle of ‘open justice’ is to provide transparency and clarity within the course of employment litigation . This principle is used as the focal reason behind online publications of judgements from Employment Tribunal cases....
