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Redundancy
Before dismissing an employee for redundancy a fair employer will take reasonable steps to look for an alternative – including offering the employee a chance to be considered for suitable vacancies elsewhere in the organisation. In Aramark (UK) Ltd v Fernandes the...
A partial release from lockdown?
On Sunday Boris Johnson announced a partial return to work for some workers and on Monday a little more detailed was provided but what does this mean in practice? Well it is quite clear that people who can work from home should still do so for the foreseeable future....
Coronavirus – The Employment Law Implications
We are all reeling from the shock of the Coronavirus pandemic but what has changed and what do we know now? Sick Pay The Government has changed the rules on statutory sick pay ("SSP") during the Coronavirus outbreak to entitle those who are self isolating and those...
Disability discrimination
To satisfy the definition of 'disabled' under the Equality Act 2010, an employee must show that they have a physical or mental impairment which has a substantial and long-term effect on their ability to do day to day things. To be long term, the impairment must have...
Shared parental pay
You may remember the Court of Appeal decision in Chief Constable of Leicestershire v Hextall last year. The Court of Appeal decided that it was not discriminatory to pay men on shared parental leave less than women on maternity leave. The special treatment women...
Age discrimination – compulsory retirement
An employer must be able to justify any compulsory retirement age (CRA) by showing it is a proportionate way of achieving a legitimate business aim. An employment tribunal will look at why the CRA is necessary and appropriate, whether there is any alternative to the...
Whistleblowing
Workers are protected from being treated badly by their employer because they have made protected disclosures about malpractice. In Jesudason v Alder Hey Children's NHS Foundation Trust, the Court of Appeal has looked at whether an employer's attempts to set the...
Unfair dismissal – knowledge of employer
The Supreme Court decided last year that knowledge of a manager other than the dismissing officer can be attributed to the employer when establishing the reason for the dismissal (Royal Mail v Jhuti – where the real reason for dismissal, whistleblowing, was hidden...
Unfair dismissal – criminal charges
The Employment Appeal Tribunal has looked at whether it is fair to dismiss an employee who has been charged with a crime. In Lafferty v Nuffield Health, the employee was a porter at a charity. He had 20 years' service and a clean disciplinary record. One of his duties...
Coronavirus
Coronavirus (COVID-19) is grabbing the headlines as it spreads over the globe and more cases are diagnosed in the UK. The impact of the virus on employees and business is worrying for employers. Some guidance has been published recently which employers might find...
Employment & Business Club hits the road for 2020
Expert advice in the ever-changing world of business is being offered by a specialist club organised by the team at Wollens solicitors. The Wollens Employment and Business Club has proved to be very popular with businesses of all sizes and is now back for 2020. It...
Whistleblowing in a public or private capacity?
Section 47B of the Employment Rights Act 1996 says that an employer must not treat a worker badly (subject them to a detriment) if they have 'blown the whistle' on wrongdoing (made a 'protected disclosure'). In Tiplady v City of Bradford Metropolitan District Council,...
Equal pay
The Equality Act 2010 sets out the law in relation to equal pay. Male and female workers should be paid the same for doing the same job (like work), work which is given the same rating under a job evaluation scheme (rated as equivalent) or work of equal value, unless...