Category: Employment

FAQ’s on Sexual Harassment in the Workplace

What amounts to sexual harassment? Sexual harassment is unwanted conduct of a sexual nature which: violates your dignity; makes you feel intimidated, degraded or humiliated; Creates a hostile or offensive environment. Who can be a victim of sexual harassment? Men and women. The victim does not have to be of the opposite sex. The victim…

HR Considerations When Buying or Selling a Care Home

Staff are usually the most important asset in a successful business, however when it comes to the transfer of a company to a new owner employees can become an afterthought resulting in costly litigation. In this article we will be looking at the legal obligations on the buyer and seller towards staff. Q1) What is…

cricketer

Racism Faced by Azeem Rafiq from Yorkshire County Cricket Club and the Implications for the Club as an Employer

Following a statement from the newly appointed chairman, Lord Patel, Ison Harrison explores the events surrounding Azeem Rafiq’s claims of institutional racism at Yorkshire County Cricket Club (YCCC) and what this means from an employment law viewpoint. The YCCC is facing widespread criticism following allegations from former player Azeem Rafiq about institutional racism at the…

Furlough Scheme

Furlough Scheme Comes To An End – What’s Next For UK Workers?

Following the global COVID-19 pandemic, the UK Government launched its furlough scheme, a job retention tactic designed to help businesses keep team members employed while they were closed or had a reduced workload. The 30th of September marked the end of the funding, which was extended twice to allow more employees and businesses to benefit….

empty office

The 7 Furlough Facts That Every Employer Should Know

With the ever changing rules around furlough, it is imperative that employers have the right information if they have, or intend to, use the Coronavirus Job Retention Scheme (CJRS), otherwise referred to as the Government’s furlough scheme. In brief, the CJRS/furlough scheme is a Government grant to employers that have staff which are unable to…

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Ison Harrison Throws Legal Advice Lifeline To Businesses With Launch Of ‘In-House’ Employment Law Retainer Service

Press Release – June 2021 Yorkshire law firm, Ison Harrison, has launched a new employment law and HR service after individual case enquiries increased by almost two-thirds since the start of the year. The firm has introduced an innovative ‘in-house’ retainer service, helping businesses navigate difficult workplace issues with unlimited access to first-class legal advice…

public-sector-workers

Exit Payments Regulation Reversal Could Lead To Public Sector Windfall

Public sector workers who have received exit payments for leaving their post, may be due for a cash windfall after the Government agreed to revoke a cap on the figure they could receive. The Restriction of Public Sector Exit Payments Regulations 2020 only came into force last November, and set a cap of £95,000 on…

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Fire & Rehire Tactics On The Rise Due To Pandemic

For most industries, the Coronavirus pandemic has caused serious issues, and this has led to cost-cutting to ensure that companies have the reserves to survive whatever the future holds. This approach has led to a rise in companies using the ‘fire & rehire’ approach to force their employees to change to contracts with fewer benefits….

Legally Speaking Webinar: How to Grow Your Business Through Talented Staff

We are delighted to announce that the first of our free Legally Speaking webinars will take place on Wednesday 13th January 10.30am – 11.30am. Partnering with some genuinely talented speakers Emma Easton, Anna Masheter and Nick Green and lead by Richard Coulthard, Partner and Head of Corporate at Ison Harrison, this event is aimed at ambitious and growing businesses…

workplace discrimination

Understanding Discrimination in the Workplace

If you have Erb’s Palsy, or any disability, you should be comfortable in your workplace.  You should be afforded the same opportunities as your colleagues, and adjustments should be made to the work environment to facilitate this. If you suspect you are being discriminated against at work, you should seek advice. In order to assist…

Contract signing

Settlement Agreement Scheme Will Help With COVID Job Losses

Ison Harrison have launched a ‘same day’ settlement agreement scheme to help employees with the expected surge of redundancies in the wake of the COVID-19 crisis. Just this week, major companies across the UK have announced up to 12,000 job losses, as redundancies start to become the norm in the run-up to the Government’s furlough…

going to work

Reopening Of Schools And Workplaces During The Coronavirus Pandemic – The Employment Law Issues

Following the announcement by the Government that schools would see a gradual phased reopening, Ison Harrison has had a steady flow of enquiries from teachers querying their rights. Many are naturally concerned at feeling pressured to return to work whilst there is still a very real risk of catching Covid-19. This feature discusses the rights…

job retention scheme

Coronavirus Job Retention Scheme Portal Opens and HMRC Updates Furlough Scheme Guidance

There have been two important developments for businesses. Firstly, and importantly HMRC have from today started accepting applications for payments under the Job Retention Scheme (JRS). HMRC chief executive Jim Harra told the BBC’s Today programme that employers had made 67,000 job claims in the first 30 minutes of the scheme operating. The portal can…

coronavirus in the workplace

Employment Law Q&A: Coronavirus In The Workplace

In light of the prediction that infection rates for the Coronavirus epidemic could potentially affect 60% of the population, what are the legal implications and obligations in the workplace? Our Head of Employment Law Yunus Lunat addressees some of the common questions and issues that are being raised by our clients: As an employer, can…

Business handshake

Jacks Law: Supporting Bereaving Parents At Work

New workers’ rights supporting bereaving parents in the death of a child A new law will come into force in April for parents who lose a child under the age of 18. Parents will now be entitled to two weeks of statutory paid parental bereavement leave from work following the death of a child. Jacks…

Pregnancy at work

Three Quarters Of UK Mothers Are In Work

According to new research from the Office of National Statistics, 75.1% of mothers with dependent children are working in the UK. However, fathers with dependent children have a higher employment rate, at 92.6%. With many employers now adopting flexible working hours, 62% of parents stated it was possible to vary their working day to look after children….

Female is contemplation looking over river with red top

Can I Sue My Boss?

Taking the decision to sue your employer is not something you will come to lightly, but sometimes it is necessary. It can be a complex situation to pursue legal action against your employer, and of course it can be costly and emotionally draining also, so you need to fully understand what your chances of success…

Employment Illustration

​5 Things Employees Must Know About Workplace Discrimination

Your employment takes up the majority of your time, so when something goes wrong, it can also have an impact on every aspect of your life. If you suspect you are being discriminated against at work, the first port of call should be to check. It may be against the law if you are being…

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How To Prevent Homophobia And Transphobia In The Workplace

Homophobia and Transphobia in the workplace is more common than one would expect. Stonewall UK (a charity which campaigns for the rights of LGBT people) have produced a work report called LGBT in Britain which surveyed 5000 LGBT workers about their experience in work. Statistics from this and other studies show that: 1 in 5 LGBT people…

#MeToo

Sexual Harassment In The Workplace

In light of the #MeToo movement, the government has pledged to introduce a new code of practice for employers to better understand their legal responsibilities to protect staff from sexual harassment in the workplace. The Solicitors Regulation Authority SRA has also decided to update its guidance for people making allegations of harassment, due to an…

Empty courthouse with legal scales

Everything You Need To Know About Unfair Dismissal

An employee has the right not to be unfairly dismissed. However, in most cases you can only enforce this right in a tribunal if you have worked with your company for 2 years or more on the date of the dismissal. There are limited circumstances where a dismissal could be fair. Some potentially fair reasons…

Can an employer require muslim employees observing Ramadan to take time off?

Can an Employer Require Muslim Employees Observing Ramadan to take Time Off?

***Article updated May 2019*** We are currently running a Ramadan In The Workplace: In Focus series of blog posts. Here we ask “Can an employer require Muslim staff observing Ramadan to take time off?” Yunus Lunat recalls an interesting scenario whereby an employer concerned about the performance of Muslim employees observing fast. The employer was…

How does Ramadan affect business?

How Does Ramadan Affect Businesses?

We are currently running a Ramadan In The Workplace: In Focus series of blog posts. Here we ask “How does Ramadan affect businesses?” What does the fasting month of Ramadan mean to businesses? Does Ramadan really result in a lower productivity and performance? All who are able-bodied enter the fasting period, resulting in shorter sleeping…

The social, psychological health benefits of fasting during Ramadan

The Social, Psychological & Physical Health Benefits Of Fasting During Ramadan

In our latest article, part of Ramadan In The Workplace: In Focus, we look at the social, psychological & physical health benefits of fasting during Ramadan. What’s Ramadan about? Ramadan is 1 of the 5 pillars of Islam and takes place during the 9th month on the Islamic Calendar. People partake in fasting for 30…

Accommodating muslim employees during Ramadan

5 Tips for Accommodating Muslim Employees during Ramadan

As part of our Ramadan In The Workplace: In Focus series of blog posts, here we offer 5 tips for accommodating Muslim employees during Ramadan… Ramadan is a religious holiday observed by Muslims. One of the key features of Ramadan is the practice of fasting during the day. The practice of fasting involves not eating…

Pregnancy at work

Another Pregnancy Discrimination Success for Ison Harrison Solicitors’ Employment Department

Following a string of successful cases in the employment tribunal, our employment specialist, Yunus Lunat, celebrates another victory in a case for Pregnancy Discrimination. Following a four day hearing at which the Claimant was represented by Yunus Lunat, she was found to have been constructively unfairly dismissed and also subjected to direct pregnancy and maternity…

Interviewees with ? over their faces

10 Common Interview Questions To Avoid

A new study by Hyper Recruitment Solutions found that out of the 1,000 hiring managers questioned, more than half admitted to asking inappropriate and personal questions to the candidates they were interviewing. The study also asked 1,000 interviewees about their experiences at interviews and found that 1 in 5 felt they were mistreated during an…

Female office worker on laptop

Reasonable Adjustments An Employer Should Make For Erb’s Palsy Sufferers

Living with Erb’s Palsy requires a number of adjustments to be made both at home and at work. The key to this is information and understanding. At home there is likely to be a support network and specialist help at hand, but at work it is often the case that a lack of knowledge and…

Contract signing cartoon

Can I Be Sacked Whilst Off Work Sick?

One of the most commonly discussed issues relating to human resources and employment law during my 15 years with Ison Harrison, is this question of whether an employee can be dismissed whilst they are on sick leave. The simple answer is “yes they can”, however the employer must first go through a staged process of…

Sad man

My Employer Is Bullying Me – What Should I Do?

Cases of bullying at work are unfortunately quite common, even when this involves your boss rather than a colleague. Such issues often arise when a person is new to a job, but can also develop after you have been in a job for a number of years and your line manager changes. You should not…

Snow and slippery road sign

Travel Disruptions and Employment Law

Are employees entitled to pay if adverse weather disrupts travel? By UK law, employees are not automatically entitled to pay if they are unable to get to work due to travel disruptions or bad weather. If your employer deducted your pay, you would possibly have the right to bring a claim on the basis of…

Gavel Books

Schoolgirl Awarded £15,000 in Damages for Sexual Harassment

A teenage schoolgirl wins £15,000 in damages for sexual harassment after she was targeted by her boss at Pizza Hut, in Stratford East London. The 16 year old teenager had taken on her first ever job at Pizza Hut in 2016, working 10 hours per week as a receptionist. Employment Judge Catrin Lewis described the…

Parents holding babies hand

Advice For Going Back To Work After Maternity Leave

Advice For Going Back To Work After Maternity Leave Going back to work after maternity leave can be a daunting prospect. Mentally, childbirth can be a very challenging period for the mother and the idea of working again may not feel as appealing as it did when you left to have your baby. There can…

Questions and answers

Yunus Lunat joins Acas HR Masterclass Conference 2018

Our head of Employment Law Department Yunus Lunat, will be joining the Acas HR Masterclass Conference 2018, advising on workplace inclusivity: “Beyond Diversity- what real inclusion in the work place looks like.” Yunus is a long standing member here at Ison Harrison Solicitors, and has more than 15 years’ experience, specialising in inclusivity in the…

Formula One Car

Formula One Mechanic Suffers Broken Leg During Race

There are thousands of accidents in the workplace every year, but rarely do millions of people across the globe witness a workplace accident happen live on television. The victim of the accident in question was Francesco Cigarini and the reason millions of people saw him break his leg live was because it happened during a…

Legal scales

I’m a Casual Worker and Had an Accident at Work – What Do I Do?

Winter is often a time when the opportunity to gain casual work increases, as companies look to meet the demands of the festive season and beyond. They may take on these staff using a variety of means, but this mix of recruitment methods can cause confusion for workers if something goes wrong. Here, we make…

Contract signing cartoon

A Guide to TUPE and What It Could Mean for You

Often, the first time an employee will encounter the TUPE Regulations is in the context of a redundancy situation. It’s certainly a complex area- but what do the regulations mean in practice? Yunus Lunat, Partner and Head of Employment Law at Ison Harrison, makes sense of the rules here. TUPE stands for Transfer of Undertakings…

Office Christmas party

Do’s and Dont’s at the Office Christmas Party

The festive season is approaching and chances are so is your company’s Christmas party. Even though you may be physically out of the office, normal rules apply. The venue you’re at is an extension of the workplace for the purposes of the employment legislation: you are expected to conduct yourself to the usual standards expected of…

personal belongings in box

Settlement Agreement Advice for Employers

Settlement agreements (previously known as ‘compromise agreements’) enable an employee’s contract to be terminated, usually with a financial incentive being offered to the employee in return for them waiving their right to bring claims in an employment tribunal. Why should I consider using a settlement agreement? Settlement agreements are common where an employee is leaving…

Questions and answers

#DiscriminateNoMum Campaign: Maternity Discrimination Q&A With Yunus Lunat

This month we’ve launched a campaign to help stamp out maternity discrimination in the workplace. Our Head of Employment,Yunus Lunat, details how important this campaign is and how he hopes it will encourage more women to come forward. Tell us about the #DiscriminateNoMum campaign… The #DiscriminateNoMum campaign hopes to raise awareness around maternity discrimination and…

Pregnant women at work

Ison Harrison Launches #DiscriminateNoMum Campaign

This month, we are launching a “Discriminate No Mum” campaign to help stamp out maternity discrimination in the workplace: #DiscriminateNoMum Ison Harrison has experienced several recent cases where clear maternity discrimination has taken place. We have represented clients in tribunal cases where women have been selected for redundancy who are either currently pregnant, or who have…

Sickness Absence

Long Term Sickness Dismissals: What is the Law?

Questions relating to unfair dismissal and their relationship with long term sickness absence are common for employment lawyers. Given how frequently such queries arise, our Head of Employment Yunus Lunat tackles this problematic issue below, in the context of a pertinent case. Earlier this year, the Court of Appeal gave judgment in the case of…

Gig Economy

The Gig Economy: What Is It and What’s Next?

The release of the Taylor Review has had the press abuzz, with yet more column inches being filled about the insecure position some workers have, as well as talk of the ‘gig economy.’ Often, people working within niche sectors or under non-standard contracts aren’t clear about their employment status and how it affects them. This…

Supreme Court

Supreme Court Pension Case Breaks New Ground

Under the Equality Act, it has not been possible for same-sex partners to receive spousal benefits from pension schemes, where the funds were paid into the scheme before December 2015. The Supreme Court has now declared this provision to be unlawful, handing down its judgment in the case of Walker v Innospec Limited and Others….

Redundancy

How is Redundancy Pay Calculated?

Whenever the dreaded word ‘redundancy’ is mentioned it can be very alarming. Whatever your circumstances are there can be uncertainty and lots of questions, not least in terms of finances. Here, our Head of Employment Law Yunus Lunat looks at the area of redundancy pay, outlining the law surrounding it and providing useful tips on calculating how much…

Male in wheel chair in workplace

Erb’s Palsy Awareness Week: Reasonable Adjustments in the Workplace

As part of our involvement in Erb’s Palsy Awareness Week, Head of Employment Yunus Lunat looks at the issue of reasonable adjustments in the workplace, something that Erb’s sufferers (and indeed employers) may wish to be aware of. The relevant law: The Equality Act 2010 The Act imposes a positive duty upon employers to help…

Contract signing

What is a Settlement Agreement?

What is a settlement agreement? A settlement agreement is a formal agreement, usually made between an employer and employee. They are most often used as an alternative to the employee bringing a claim in an Employment Tribunal. You may see reference to a ‘compromise agreement,’ which is an older term for the same type of…

Employment Illustration

Employment Law Changes in 2017

A New Year brings with it fresh perspective, and in the HR world, a chance to prepare for what we know is coming, although in some cases we don’€™t quite know when. With 2017, this means Brexit, or should we say €œBrexit, means Brexit€ and at least as the dust settles we are getting some…

Bus sign

‘Wheelchairs v Pushchairs’: the Supreme Court decides

On 18 January, the Supreme Court handed down its decision in First Group Plc (Respondent) v Paulley (Appellant) [2017] UKSC 4 illustrates a case for which in the words of Lord Sumption, ‘there is no ideal solution.’ On 24 February 2012, Mr Paulley, a wheelchair user, tried to board a bus operated by First, but…

Digital signatures

Latest Employment Law Changes For 2016

2016 is seeing some fundamental and controversial changes in employment law introduced by the Conservative Government, which will bring radical change to HR departments throughout the UK. Reforms include changes to pay structures and what we have to report, trade union policies, public sector workers and foreign workers. At Ison Harrison we understand you need…