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Whistleblowing

Whistleblowing

An employee has the right not be subjected to detriment by their employer on the ground that they made a protected disclosure. In deciding whether treatment is done ‘on the ground’ of making a protected disclosure, the tribunal must decide whether the protected...

Unlimited holiday!

Unlimited holiday!

Stockbrokers at London firm FinCapp have decided to give their employees unlimited holiday entitlement. After a bumper 6 months for workload and profit, the business has decided to introduce the policy to guard against staff burn out. The move will flip the standard...

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Disability discrimination

Disability discrimination

Section 15 of the Equality Act 2010 deals with discrimination arising from disability. This is where an employee is treated unfavourably because of something arising from their disability. An employer will have a defence if it can show that its actions were a...

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Compensation – Acas uplift

Compensation – Acas uplift

Employers must follow the Acas Code of Practice on Disciplinary and Grievance procedures when dealing with employee grievances or dismissing for misconduct or poor performance. If an employer does not follow the Acas Code, an employment tribunal can increase...

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Unfair dismissal

Unfair dismissal

For a dismissal to be fair, the reason (or main reason) for the dismissal must be one of the potentially fair reasons under section 98 of the Employment Rights Act 1996. These are capability, conduct, redundancy, statutory illegality, or some other substantial reason...

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Sickness absence – SSP

Sickness absence – SSP

Eligible employees who are off sick are entitled to statutory sick pay of £96.35 per week for up to 28 weeks. The employee must earn on average £120 or more per week and must be off work for at least 4 days in a row (including non -working days). Medical evidence is...

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National minimum wage

National minimum wage

The law sets out the minimum hourly rates that workers must be paid. It isn’t always as simple as simply paying that minimum rate for each hour worked. Some deductions from the worker’s pay, or payments made by the worker, are relevant and will reduce the amount of...

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Disability and recurring conditions

Disability and recurring conditions

Section 6(1) of the Equality Act 2010 sets out the statutory definition of disability. A person has a disability 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...

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Strike out

Strike out

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the Rules) contains the rules on strike out. Rule 37(1) says that a tribunal can strike out all or part of a claim (ET1) or response (ET3) at any stage of the proceedings, of its own...

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Covid – Religion and belief discrimination

Covid – Religion and belief discrimination

An employment tribunal has found that a fear of catching Covid-19 is not a protected belief under the Equality Act 2010 (EA). Section 10 of the EA says that a belief means any religious or philosophical belief. To be a philosophical belief, the case of Grainger v...

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Having open workplace conversations about menopause

Having open workplace conversations about menopause

Employers should check they are having the right conversations to support those experiencing problems in the workplace because of the menopause. Ellie Temple a Paralegal within the Corporate and Commercial Team here at Wollens explores this. With growing numbers of...

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Collective redundancy consultation and compulsory liquidation

Collective redundancy consultation and compulsory liquidation

It has been a requirement for many years to carry out collective consultation when contemplating a redundancy programme that proposes to make 20 or more employees redundant at an establishment within the period of 90 days.  A failure to do so can result in protective...

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Back to working from home?

Back to working from home?

HR Review has recently reported that the British Medical Association (BMA) has argued that working from home, the wearing of face masks and other measures contemplated in the Government’s ‘Plan B” should now become compulsory again, in light of the rising number of...

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