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Wellbeing in the workplace
supporting wellbeing in the workplace is of increasing importance to employers. One hot topic is how those going through menopause or perimenopause can be best supported. Avanti West Coast’s latest attempt to tackle this may have resulted in a bit of an ‘own goal’....
10 top tips for handling underperforming employees
Employers need their employees to perform effectively and productively in their roles. A functioning workforce is key to business success. What should you do if you have an employee who is underperforming? Here are our top tips: Make sure the employee knows what is...
New Flexible Working rules from 6th April 2024
With effect from 6th April 2024 all employees, regardless of their length of service, will have the right to request flexible working. The Flexible Working (Amendment) Regulations 2023, which were published last December, make it clear that flexible working will, for...
Tribunal was wrong to conclude that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses
There are several different elements which make up the claim of unfair dismissal where an employee has been dismissed for misconduct: The employee must be eligible: they must be an employee and must have over 2 year’s continuity of service. The employer must be able...
Disability discrimination: Reasonable adjustments
Where an employer knows (or ought to know) an employee is disabled, the duty to make reasonable adjustments applies. Employers must make reasonable adjustments to remove any substantial disadvantage that the employee would otherwise face at work because of their...
5 things every employer should know about pregnant employees
Employment law recognises that pregnant employees have a unique position in the workplace and need unique protection as a result. Here are 5 things every employer should know about pregnant employees: Risk assessment – Under Regulation 16(2) Management of Health and...
Extension of redundancy protection for pregnant employees and those on family leave
The law has, for a long time, given extra protection from redundancy to those on maternity, adoption, or shared parental leave. They have the right of first refusal of any suitable alternative roles which exist in a redundancy situation. This protection is, from April...
Family leave pay – rate increases from April 2024
The Government has announced that, with effect from 7th April 2024, the rate of a week’s pay for the purpose of calculating family leave in the UK will rise to £183.04 per week. This rate increase impacts statutory maternity pay, shared parental leave pay, adoption...
Why employers need a reflective response to employee beliefs
Discrimination and freedom of expression continue to pose a challenge to employers, with two recent cases highlighting the complexity of navigating such issues. Businesses need to continually review their recruitment and working practices to keep in step as this area of the law continues to develop.
The Importance of Employees Returning Company Property
A recent criminal case involving an ex-Sainsbury’s worker serves as a reminder to employers to make sure that departing employees have returned all company property before they leave employment. As reported in the Times newspaper, Holly Trevillion worked for...
Are tribunal fees on their way back?
The government has recently issued a consultation paper on re-introducing fees in employment tribunals and the Employment Appeal Tribunal. Tribunal fees were previously introduced in 2013. They were subject to judicial review in Unison v The Lord Chancellor and, in...
Barrister claiming £3 million in a belief discrimination claim has his claim dismissed for being out of time after issuing five months late
In claims for discrimination, it is a legal requirement that a claim is issued (or ACAS Early Conciliation commenced) within three months of the act complained of. This time limit can only be extended in discrimination cases if the tribunal deems, on the facts, that...
Comparators in discrimination claims: employers should not withhold information about comparator characteristics
Claimants in race discrimination claims can face difficulties when they believe that they have been treated less favourably, have an actual comparator in mind but do not know the race of that comparator. In a recent Employment Appeal Tribunal decision, it was held...