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…
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 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 Brexit, means Brexit and at least as the dust settles we are getting some…
‘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…
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…
Illegal Workers Penalties: Quarterly Report Issued
A quarterly report issued by the Home Office has outlined the penalties issued to employers throughout all regions of the UK in the first part of 2016. The changes brought into force by the Immigration Act 2016 will have an even greater impact soon. It is a pertinent time to assess the figures and study the…
TUC Survey Finds That ‘Half Of Women’ Have Been Sexually Harassed In The Workplace
Many people may have thought that sexual harassment in the workplace was a thing of the past, but findings from a TUC survey have prompted their Head, Frances O’Grady, to declare that it is “…alive and well.” The TUC commissioned a survey of 1,553 women and results published this week showed that just over half,…
The Women and Equalities Committee Reports on Pregnancy and Maternity Discrimination
The Women and Equalities Committee released a report on pregnancy and maternity discrimination on 31 August 2016. Ison Harrison’s Yunus Lunat, Head of Employment provides his thoughts on the committee’s findings and the suggestions they have put forward to the Government. The research undertaken by the Department for Business, Innovation and Skills and the Equality…
What The New Immigration Act 2016 Could Mean For Employment Law
After being first announced in the Queen’s Speech of May 2015, the Immigration Bill received Royal Assent a year later on Thursday 12 May 2016 and will now be known as the Immigration Act 2016. The Act introduces new sanctions that will fundamentally affect employment law in the UK and follows on from the Immigration Act…
Disability Discrimination An Increasing Problem In Professional Football
A lack of Black, Asian and Minority Ethnic professionals holding leading positions in professional football in England has been discussed at length and remains an issue, but increasing concerns are also being felt regarding discrimination against professionals with disabilities. The Equality Act (2010) is in place to protect individuals against discrimination on several grounds, including…
Maternity Leave Discrimination Cases On The Rise
When you are in the last weeks of pregnancy and about to leave work, have recently had your baby and are beginning to think about returning to work or you are already back at work, the last thing you need is a difficult time from your employer when you have the huge challenge of parenthood…
Employment Law Team Secures Win For Pregnancy Discrimination Cases
Ison Harrison achieved notable outcomes in two recent pregnancy discrimination cases against a national employer. The cases in question concerned a redundancy situation which the employer claimed had arisen in the workplace. The individuals selected for redundancy were one lady that had just returned from maternity leave and another lady who was due to go…
Meeting with employee’s son amounted to constructive dismissal
A woman has won her case of constructive dismissal after her employers approached her son about her faltering performance rather than speak to her directly. The woman worked for an accountancy firm. She was a competent member of staff and received a positive performance review. However, months later she didn’t receive a pay rise as…
Sex discrimination claims rise as other employment claims fall
The number of sex discrimination claims has risen over the last two years. There were 13,700 cases in 2013 compared with 10,700 in 2012. Research from the Times newspaper shows that they now make up 55% of all discrimination claims, whereas they made up just over 33% two years ago. Sex discrimination claims are now…
Redundancy offer to over-60s breached Age Regulations
The issue arose after two civil servants were offered a lower redundancy package than their younger colleagues. The employees were both over 60 and entitled to draw a full pension. On this basis, their employers offered them a redundancy package of just 6 months’ salary, whereas their younger counterparts were offered 21 months’. The two…
Man wins victimisation claim over bad employment reference
The man worked for a car sales and repair company but was dismissed because he was over 65 years old. He began proceedings for unfair dismissal and age discrimination. He then went to an employment agency to find a new job. A director at the car company gave him a bad reference. The man believed…
Firm makes employee spend 12 months on garden leave
The issue arose when the employee said he was resigning after working for the company as an investment adviser for 14 years. During that time, he had built up a list of valuable contacts. The company feared that he would take those contacts to one of its competitors and invoked a clause in his contract…
Victim of sexual harassment awarded £13,000 compensation
Elizabeth Cowhig worked for Digital Maintenance Ltd in Kirkby. She claimed that during her five months’ employment there, sales manager Owen Kennard would often approach her and rub her shoulders or kiss her on the forehead. On one occasion he slapped her on the bottom and said: “Sorry, I couldn’t resist that.” She said he…
Pub manager compensated for depression caused by dismissal
The case involved a husband and wife who were employed together to manage a large pub. They lived on the premises with their four children. They worked there for just over a year when the employer became dissatisfied with their performance and dismissed them. A tribunal later ruled that the dismissals were unfair. The husband…
Overtime payments ‘should count towards holiday pay’
The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr Neal, was contracted to work a 35-hour week made up of five seven-hour shifts. His terms also stated that he may have to work overtime when necessary. In practice, he…
Queen’s Speech will have an impact on businesses
The Queen outlined a raft of new Bills which the Government is introducing to strengthen the economy and reduce Britains deficit. The Immigration Bill is intended to reform immigration law so that Britain “attracts people who will contribute and deter those who will not”. The Bill will bring landlords into the fight against illegal immigration…
Date set for introduction of Employment Tribunal fees
From that date, subject to the necessary Parliamentary approval, employees wishing to bring a claim to a tribunal will have to pay fees on a sliding scale depending on the nature of the claim and the number of claimants. Level 1 claims include breach of contract, equal pay, holiday pay, redundancy issues and wages. Level…
New minimum wage rates include increase for apprentices
The Low Pay Commission (LPC) had recommended that the rate for apprentices should be frozen following concerns about compliance, but the Government has decided to go ahead and increase it. Business Secretary Vince Cable said: “The independent Low Pay Commission plays a crucial role in advising the government when setting the National Minimum Wage every…
Victim of sexual harassment at work awarded compensation
Noeleen McAleenon says she was subjected to inappropriate contact and degrading comments about her sex life while working for Autism Initiatives NI. She complained to her employer then later resigned because she felt her concerns were not being properly addressed. The employer spoke to the man involved and he admitted that he may have acted…
Musician receives £73,000 compensation for unfair dismissal
Murray Johnston was principal oboist with the Welsh National Opera for 34 years but was sacked in 2008. The company said his playing had fallen below the high standards required. However, Mr Johnston claimed the dismissal followed 16 years of bullying and harassment by the company’s musical director at the time, Carlo Rizzi. He said…
Awards for unfair dismissal to be limited to one year’s salary
Employment relations minister Jo Swinson said the change would be introduced in an amendment to the Enterprise and Regulatory Reform Bill, which is currently going through parliament. Ms Swinson said: “Employment tribunals are costly for everyone, in terms of money but also time and stress. “We need to tackle unrealistic expectations about the levels of…
Redundancy reforms designed to help businesses and employees
The main change is to reduce the minimum period before large scale redundancies can take place from 90 days to 45 days. This affects redundancy programmes involving more than 100 employees. The Government will also legislate to make clear that fixed term contracts which have come to an end are excluded from obligations for collective…
Tribunal says 12-month contract was short-term and outside of TUPE
The company, Liddell’s Coaches, had five 12-month contracts to transport children to different locations while their school was being rebuilt. It lost four of the contracts when the time came to re-tender. It therefore laid off one its drivers, assuming that he would transfer to the new bus company under TUPE. However, the new company…
Manager wrongly demoted after posting comments on Facebook
Adrian Smith is a Christian who worked for Trafford Housing Trust (THT). He was demoted after he posted comments on Facebook on the subject of gay marriage in church. He posted the comment: “The bible is quite specific that marriage is for men and women. If the state wants to offer civil marriage to same…
Firm named and shamed for flouting National Minimum Wage
The move is part of an initiative by the Department for Business, Innovation and Skills (BIS) to name and shame companies that don’t adhere to NMW regulations. It shows the Government’s determination to get tough on companies that don’t fulfil their responsibilities to their employees. The case involved Treena Professional Hair and Beauty salon in…
Criteria for ‘naming’ firms who flout National Minimum Wage
To help employers comply with the regulations, BIS has outlined the following seven points that could put a firm at risk. An employer only has to meet one of these points to be named: i. There is evidence that the employer knowingly or deliberately failed to comply with their NMW obligations. ii. There is evidence…
Former postal worker wins race discrimination claim
Abdul Musa first complained about racist behaviour by his co-workers in 2006. The Royal Mail investigated the complaint and one of its employees at its depot in Blackburn was dismissed. However, the problems continued. Other employees at the depot, who were angered by their colleague’s dismissal, refused to speak to Mr Musa. The Royal Mail…
Ten million people unaware of pension reform
Workers at large companies will now be automatically enrolled into workplace pension schemes unless they choose to opt out. Their employers will be responsible for enrolling them into the National Employment Savings Trust or another suitable scheme. The changes came into effect for large companies on 1st October. Employees at smaller companies will be enrolled…
Employment law changes ‘to ease burden on businesses’
Ministers are planning to reduce the compensation cap for unfair dismissal claims, reduce the number of vexatious claims and promote the use of settlement agreements. However, they have decided against introducing compensated no fault dismissal. The proposals, which are subject to public consultation, include: Promoting the use of settlement agreements. The Government’s consultation document sets…
Crane driver awarded £38,000 for disability discrimination
The employment tribunal in Hull heard that the driver, who didn’t wish to be named, had been loyal to his employer and had a good work ethic. He had joined the company in 2007. At the end of 2008 he had surgery to remove part of his left leg following an accident and he eventually…
Employer ‘legally protected’ against libel claim over reference
This was illustrated in a recent case before the High Court. It involved a laboratory assistant, Mr Bol Thour, who had worked for the Royal Free Hospital in Hampstead. He applied for a job at St Bart’s Hospital, which was dependent on him getting a satisfactory reference. The Royal Free provided a reference which said…
Company wins injunction against former employee
The employee had left Churchill Retirement Living Ltd to work for a rival company called McCarthy & Stone Retirement Lifestyles Ltd. While working for Churchill, the employee was subject to contractual duties relating to the company’s confidential information and documents. He admitted that when he left Churchill, he had accessed certain confidential documents and taken…
Government sets employment tribunal fees for employees
The new fee arrangement will be introduced next summer and follows widespread consultation with business leaders and trade unions. Currently, employees don’t need to pay to make a claim. This has led to complaints from some businesses that it is too easy for disgruntled staff to waste time with frivolous claims. Starting next summer, employees…
Man awarded £44,000 after being called gay at work
Michael Austin’s colleagues were football fans. The employment tribunal heard that some of them considered men who don’t like football to be gay. Mr Austin was interested in art. When he spoke about a documentary on Salvador Dali, his colleagues said it was ‘further evidence of his homosexuality’. He was upset and went for a…
Law Club Live Seminar: ‘Employment issues in 2012’
In most industries, employees are the determinants of a productive, successful company. In the next session of our popular Law Club Law CLub Live seminars, we will be focusing on the risks, responsibilities and rewards of Employment, that will lead to a greater understanding of what most firms would consider their most prized asset. The…
Changes to consultation process during large scale redundancies
Under the current rules, companies must consult with their employees for 90 days if there are likely to be large scale redundancies involving more than 100 employees. Employment Relations Minister Norman Lamb wants to shorten this consultation period and improve communication between managers and staff. He believes that would reduce uncertainty for workers and make…
Employees who fall ill on holiday can take time off later
The decision was made in a case brought by Spanish trade unions against a group of department stores. The Court said that the timing of an illness was irrelevant and that workers should be entitled to four weeks holiday per year. If the holiday was interrupted by illness, they should be able to take time…
Be careful what you promise – firm ordered to pay staff bonuses
The firm, which carried out services for a large banking group, was about to be taken over. During an informal meeting with staff broadcast over the internet, it announced that a “guaranteed” minimum bonus pool would be allocated to employees according to their individual performances “in the usual way”. This was followed up a few…
Changes to Employment tribunals come into effect
The Government says it has streamlined the system to reduce some of the burden on employers and reduce the number of vexatious claims. The main changes are: The qualifying period for claiming unfair dismissal rises from one to two years Judges will be able to sit alone in unfair dismissal cases Witness statements can be…
Supreme Court provides ruling on compulsory retirement age
The case involved solicitor Leslie Seldon who was a partner at a law firm. In 2006, he was obliged to retire at the age of 65 under provisions contained in the firm’s deed of partnership. Mr Seldon claimed that this was direct discrimination on the grounds of age. His firm submitted that the law allows…
Agreement to agree did not amount to a binding contract
This can prove costly, as shown in a recent case before the High Court. It involved two businessmen, KarimDhanani and Serge Crasnianski, who discussed setting up a private equity fund together. They signed a letter and term sheet under which it was envisaged that Mr Crasnianski would provide money for a fund to be managed…
Woman receives £76,000 compensation for work
The woman started working as an administrator for her employer in 2002. Within four years her role had increased and she had a number of responsibilities that were vital to the day to day running of the business. She had a pre-existing condition which made her vulnerable to depressive episodes that could be brought on…
TUPE transfer ‘amounted to unfair dismissal of bus drivers
The casearose when the bus operator Centrewest transferred one of its routes in London to another operator,Abellio.The drivers were to keep their jobs but would need to work from a new depot six miles away. They resigned because the extra travel time to work was unacceptable to them. Their claim of unfair dismissal was based…
Businesses are asked for their views on workplace dismissal rules
The move is part of the wide ranging Employment Law Review, which aims to assess the awareness, understanding and the use of the Acas Code of Practice on Discipline and Grievance. The Review will also look at the idea of compensated no-fault dismissal formicro-businesses with fewer than 10 employees. The Business Secretary Vince Cable said:…
The Queen’s Diamond Jubilee – is it a Holiday?
The Working Times Regulation 1998 allows 5.6 weeks’ annual leave. This equates to 28 days full time with part time workers having a pro-rata entitlement. It is important to bear in mind that although the 28 days is generally seen as 4 weeks of 5 days plus 8 bank holidays, the Regulations do not allow…