Employment law news
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Flexible working
The minister for Women and Equalities, Liz Truss, has asked employers to make flexible working a standard option for employees. She believes this step would boost both productivity and morale and improve employment prospects for women - who are twice as likely to work...
Health and safety – Covid-19
Offices seem to be worse hit by Covid-19 outbreaks than other types of workplace. Data shows that in the second half of 2020 there were more than 500 outbreaks or suspected outbreaks in offices, more than in supermarkets, construction sites, warehouses, restaurants...
Uber – employment rights
The Supreme Court has confirmed that Uber drivers are workers rather than self-employed contractors. As such, drivers are entitled to basic employment rights such as the national minimum wage, paid holiday and rest breaks The long running Uber v Aslam saga has finally...
Disciplinary and grievance procedures during coronavirus
While many workplaces continue to be affected by the coronavirus pandemic, employment law and the Acas Code of Practice concerning disciplinary and grievance procedures still apply. If you are dealing with disciplinary or grievance procedures, there are some...
Employment tribunals – compensation
If an employment tribunal finds that an employee has been unfairly dismissed, they will then need to decide whether, and how much, compensation should be paid. The tribunal can order the amount it thinks is ‘just and equitable’ bearing in mind the employee’s losses....
Pregnancy discrimination
Section 18 of the Equality Act 2010 deals with pregnancy and maternity discrimination. An employer discriminates against an employee if they treat her less favourably while she is pregnant or on maternity leave, either because of the pregnancy (or any related illness)...
Furlough – updated guidance
The government has updated its advice in relation to the Coronavirus Job Retention Scheme to confirm that employees can be furloughed if they are unable to work some or all of their hours due to caring responsibilities resulting from Covid-19. The guidance says that...
Victimisation
An employee is victimised when an employer treats them badly for raising allegations of discrimination. The discrimination complaints are called ‘protected acts’, because the employee is protected if they raise them. In Chalmers v Airpoint, the EAT has looked at...
Coronavirus vaccination and the workforce
With the coronavirus vaccination programme well underway in the UK, many employers are considering what vaccination might mean for their business. Some companies are announcing that they will dismiss or refuse to recruit employees who aren’t vaccinated. With 23 per...
Constructive dismissal and maternity leave
A constructive dismissal involves the employee resigning in response to fundamental breach of contract on the part of the employer. Normally the employee will need to make it clear both that they are resigning and that the reason for their resignation is the...
National minimum wage
The government has accepted the recommendations of the Low Pay Commission and announced the National Minimum Wage and National Living Wage rates which will come into force from April 2021. Recognising the formidable task of recommending minimum wage rates in the...
Unfair dismissal and redundancy
An employer making an employee redundant will not normally be acting reasonably unless it considers whether there is any alternative work that may be offered. In Aramark (UK) Ltd v Fernandes however, the employee argued that the employer should also have considered...
Whistleblowing
An employee who is dismissed for making a public interest disclosure – whistleblowing – can claim unfair dismissal even without the two years’ continuous service that is normally required. What is more, there is no cap placed on the amount of compensation that can be...