The government has announced a 9.8% increase in the National Living Wage (NLW), raising it to £11.44 per hour, starting from April 1, 2024. Additionally, NLW eligibility will be widened by lowering the age threshold to 21 years for the first time,...
To be a best practice employer, particularly in a fast-growing fintech company, it's crucial to have robust legal employment practices and policies in place. Often it can be difficult to keep up with what is legally required in a fast-growing company...
On 6 th April 2024 the Carer's Leave Act will come into force, giving employees with care responsibilities the right to unpaid leave whilst remaining in employment. According to the charity Carers UK, there are 5.7 million people in the UK who...
Having gained Royal Assent in the summer of 2023, the Employment Relations (Flexible Working) Act 2023 will see significant changes to the way in which employees are able to make flexible working requests and how their employers must consider these...
The Equality Act 2010 legally protects people from discrimination, by ensuring that unfair treatment on the basis of certain personal characteristics, such as disability, is against the law in almost all cases. The protected characteristics are: age ...
We have seen a significant increase in enquiries about the menopause in recent months. At this stage, from a strict legal perspective, the menopause is not, in itself, protected under the Equality Act. However, it can be captured by protection from age, sex...
The government is currently undergoing a consultation, due to take place between 29 January 2024 to 25 March 2024, to consider the re-introduction of tribunal fees for employees to access the justice service when they have an employment law dispute or wish...
Any organisation carrying out a public function and/or providing a service needs to be aware of and comply with their obligations under the terms of the Equality Act 2010 to avoid claims of unlawful discrimination. This includes a responsibility...
Issuing a claim in the County Court can be a daunting process, especially if you are issuing it yourself. However, it is also essential that, if you wish to bring a civil claim of discrimination , you must ensure that your claim is brought correctly, and...
The term positive discrimination refers to the favouring of an individual who holds a protected characteristic, affording them preferential treatment over others, simply because they possess said characteristic. Positive discrimination is not legal, and any...
Employment laws play a crucial role in safeguarding the rights and well-being of employees. They include the prevention and resolution of workplace bullying and harassment. Employers and employees need to be aware and receive training on these aspects to...
Any organisation carrying out a public function and/or service providers needs to be aware of and comply with their obligations under the terms of the Equality Act 2010 to avoid claims of unlawful discrimination. Discrimination is the unequal...
Assistance dogs are auxiliary aids and as such, they are considered to be integral to assisting disabled individuals in coping with various aspects of their day-to-day lives. In the Equality Act 2010, an assistance dog is defined in section 173 as: a...
With 2024 right around the corner, employees and employers alike may be looking to leave ongoing workplace issues in 2023 or address any issues that have been ongoing but left unattended throughout the year. This guide sets out top tips for how to deal with...
If you feel that you have been subjected to discrimination on the grounds of your disability, then generally, you will need to evidence first and foremost that you meet the criteria set out in Section 6 of the Equality Act 2010. Proving that you have a...
What is the value of a discrimination claim? This is a question which is frequently asked by those seeking to pursue a claim under the Equality Act 2010, or by those seeking to defend a claim pursued against them. Financial compensation in these...
Assistance dogs are not viewed to be pets. They are auxiliary aids that have been trained in order to provide assistance to disabled people, who often rely upon their assistance dogs to assist them with their day-to-day tasks. Dogs which qualify as...
There is no doubt that the world is evolving, and technological advancements play a huge role in the modern society of the United Kingdom. At the time of writing, technology forms to be heavily integrated into the life of nearly every human, and most...
The employment tribunal has long grappled with the issue of whether unwanted or unlawful conduct by an employee outside the physical workplace can lead to a successful claim being brought against an employer. Generally speaking, discriminatory conduct...
Employment law is dynamic and ever evolving with legislation often responding to a changing social, economic, technological, and political landscape. Any adjustments in legislation are aimed at ensuring that the rights and protections of both employees and...
Insubordination is defined as employee's deliberate refusal or failure to follow reasonable instructions from their employer. These instructions are likely to be a core part of their job role. It is considered a breach of the employee's duty to not...
Stress can have a significant impact on our mental health, whether it is in regard to work, or difficult situations in our home lives. It is important to know your rights as an individual, and obligations as an employer or service provider, with regard to...
There are a number of different claims which a claimant/complainant may seek to bring if they attempt to access services and are denied the opportunity to do so as a result of their disability. Before bringing a claim of discrimination on the grounds of...
The National Minimum Wage (NMW) is the set minimum hourly rate of pay which employers are required to pay their workers. The rates typically change on an annual basis, in April every year. The rates for 2023 are as follows: Age Rate Ages 23 and...
Wilko has been a mainstay on the high street for decades and this announcement will come as a hammer blow for all its 12,000 employees. For those affected, either in stores, head office or in Wilko’s distribution warehouses, they should be given...
One of the main reasons that a business will face difficulties or have to pay significant costs in defending a discrimination claim from a customer/service user, is because they do not engage with a complaint or letter before action when it is...
Indirect discrimination will not be deemed unlawful under the Equality Act 2010 if an organisation/person can show that there was a good enough reason for applying a particular provision, criterion or practice. This is called the objective justification...
Discrimination is defined as treating someone less favourably because of a protected characteristic. The protected characteristics are defined in the Equality Act 2010 and are: race, religion or belief, age, sex, sexual orientation, gender reassignment,...
In a world where multiple generations are employed within the same workforce, organisations and employers must ensure that their business is inclusive, and ensure that they manage age diversity fairly and lawfully. What is age discrimination and when is...
Fit notes have replaced sick notes if an employee is off sick. The requirements around the procedures employees need to follow around time off due to illness will depend on their employer’s employment policies and their contract with the...
It pays to recruit good staff but what happens if things go wrong? How would you manage a sickness absence? How effective is your performance management? How would you respond to a grievance or a claim? These are some of the challenges you could face as an...
This is a highly damaging investigation for McDonald's, exposing serious problems with its workplace culture as well as its legal and ethical responsibility to protect employees from harm. McDonald's signed a legally binding pledge with the...
The Neonatal Care (Leave and Pay) Act 2023, which gained Royal assent on 24 th May 2023, will give eligible new parents the right to take up to 12 weeks paid leave, in addition to other entitlements such as maternity and paternity leave, if their baby is...
In the case of Lovingangels Care Ltd v Mhindurwa, the employment appeal tribunal has recently upheld an employment tribunal’s ruling that an employer’s decision to dismiss an employee by way of redundancy, as opposed to placing them on...
It is understood that an NHS hospital trust has been found to have racially discriminated against an employee, when he was treated unequally to a co-worker, an employment tribunal ruled. Judge David Brannan reportedly concluded that the claimant was...
Being diagnosed with anxiety will not automatically mean that you are protected by the disability provisions of the Equality Act 2010. There are very few conditions/diagnoses which are classed as disabilities automatically under the act (including...
Reports that Asda are considering cutting wages for 7,000 staff in south east England is obviously concerning news for employees, particularly in the context of the current cost of living crisis. Pay is often seen as the most fundamental...
The announcement from BT that they are set to cut up to 55,000 jobs is concerning for all its employees and could unfortunately be the start of many companies cutting back on staff in favour of artificial intelligence. The numbers are, on the face of...
A decision earlier this year by the Supreme Court not to allow an appeal against the judgement in Kong v Gulf International Bank (UK) Limited has caused ripples for whistle-blower protections. The Employment Rights Act 1996 provides protection to...
New laws are scheduled to come into effect surrounding workers’ rights to a fair share of money generated through tips. The Employment (Allocation of Tips) Act 2023 , which has recently received royal assent, will aim to protect worker’s...
It is reported that the former manager of EFL league two side, Crawley Town, John Yems, has had his initial 17-months’ suspension from football extended to three years, following an FA appeal and an independent regulatory commission finding him...
It has been reported that a claimant, who was dismissed from her employment, has been successful in pursuing a claim that the stress she endured constituted a disability. It is understood that the case was brought by a claimant who asserted that...
It has recently been reported that, following a research task of over 20,000 individuals undertaken by a charity, the findings reveal how ethnic minority job applicants report to have received “less positive responses to job applications” as...
Any organisation carrying out a public function and/or a service provider under the terms of the Equality Act 2010 needs to be aware of how to deal with complaints of discrimination raised by service users. What to do if you receive a discrimination...
The recent and upcoming strike action across various sectors has hit the news headlines over the last few months. There have been more dates provided for potential upcoming strikes to take place. Whether people approve or disapprove of the strike...
Workplace stress and employee burnout are significant issues in many organisations. While they can affect anyone, at any time, those in leadership or management positions often cite burnout as mitigating factors in their decision to leave a role, or...
In circumstances where you have at least 26 weeks' continuous employment, you have the right to make a request for flexible working under the statutory scheme providing you meet the following criteria: You are an employee You have been...
In recent news, it has been reported that nationwide pub chain, Greene King, has issued a public apology on 15 November 2022 to 12 Irish Travellers, who have remained anonymous, for refusing service in April 2022. It is also understood that the chain...
While this change in legislation to allow UK staff to have the right to flexible working from day one is welcome, it is important to stress that it does not automatically give staff the right to work from home; rather that they can make a formal request....
It has been reported that, during a stay at a London hotel, a resident was disturbed in the middle of the evening by hotel staff and security, due to their assertions that their guide dog was ‘fake’. During the incident, it is understood...
It has been reported that a former employee at an accountancy firm has been awarded a sum of £15,995 by the employment tribunal, after it ruled in her favour that she had been discriminated against on the grounds of her pregnancy. It is reported...
The mass redundancy exercise at Twitter is another example of a laissez-faire approach to HR which can seriously harm employee morale and brand reputation. Whilst the majority of Twitter’s employees may be based in the US and Ireland, those...
Following the news of Queen Elizabeth II’s death, the government has announced that the day of her funeral, 19th September 2022, will be a national bank holiday. The government has issued guidance to say that the day will operate in the same way...
Under the Working Time Regulations 1998 (WTR), all workers are entitled to 5.6 weeks’ holiday each year. The WTR make no provision for pro-rating this entitlement for employees whose work may mean they do not work throughout the full year which...
An individual can claim protection from discrimination under the Equality Act 2010 if they can satisfy the employment tribunal that they have a disability. This test will be satisfied if an individual can prove that they suffer with a ‘ physical or...
A recent study by the Department of Health and Social Care reports that over two million people in England may have had long covid. For any of those people whose employment was affected, a recent ruling within the Scottish employment tribunal will be...
There are many that will see this proposed change in the law as a long overdue solution to a decades old problem - a way to plug the gaps left by striking workers and ensure some continuity of service. At the same time, there is a balancing act the...
It has recently been reported in the media that an employment tribunal case has determined that a longstanding employee, of 36 years’ service, was successful in bringing a claim for unfair dismissal and disability discrimination against his...
Under a recent ruling in the employment tribunal, a claimant was successful in her claim that she was unfairly dismissed by her employer as a result of concerns over her ability to ‘focus’ on her work. Following returning from maternity...
The question of whether a person needs to have a formal diagnosis at the time they have been subjected to discrimination, has been a long-standing dilemma for employers and often interpreted in a way by employers as an excuse for their refusal to make...
It has recently been reported that, following an investigation by the charity Birthrights , Black and Asian women are being harmed by racial discrimination in maternity care. Reports included themes of concerns about pain and contractions being...
Clearly employers around the country are on notice of this strike action and the impact that it is likely to have. If they haven’t already, they should now be communicating with staff about how to avoid potential disruption. That could include...
Settlement agreements can bring an end to any claims from an employee such as, claims for unfair dismissal or discrimination arising out of the employee’s employment or termination. If executed properly settlement agreements...
It is a legal requirement that you must receive specialist legal advice before signing a settlement agreement. An employment solicitor can advise you on any potential claims so that you fully understand the legal issues and the value of...
On 29 March 2022, the government launched a long anticipated special educational needs and disabilities (SEND) green paper , recommending a national improved SEND system for children and families. The green paper, which was initially launched in 2019,...
This news from P&O underlines the stark reality for many companies who are still reeling from the impact of the pandemic. The decision to make 800 staff redundant with immediate effect is, quite understandably, devastating for the employees affected...
As more and more people are now working remotely, with colleagues communicating via electronic platforms, it is important that employees and employers be aware of conduct which could still be deemed to amount to harassment, despite the fact that it has not...
A recent judgment in the employment tribunal will be of great interest to the people following or affected by the “jabs for jobs” policy. Government legislation changes have meant that employees within certain sectors have been told that they...
It has been recently reported that a judge has been partly successful in their claim of disability discrimination against The Secretary of State for Justice. It is understood that a fee paid judge, brought claims of breach of the duty to make...
As an entity which could be defined as an Organisation undertaking a Public Function and/or a Service Provider under the terms of the Equality Act 2010, it is important to know how to deal with complaints of discrimination raised by Service Users. By...
Any organisation which is a service provider under the terms of the Equality Act 2010 needs to be aware of how to deal with complaints of discrimination raised by service users. Following the recent introduction of the requirement for individuals to...
Individuals holding the legal protected characteristics of Age, Gender, Race, Sexual Orientation, Marital Status, Pregnancy or Maternity, Gender Reassignment, Religious or Belief an Disability, are protected from discrimination as service users and...
Any organisation carrying out a public function and/or a service provider under the terms of the Equality Act 2010 needs to be aware of how to deal with complaints of discrimination raised by service users. Following the recent introduction of the...
Maternity Action , a UK charity promoting the rights of pregnant women and new mothers, has published a report this month further to conducting a survey into pregnant women’s challenges regarding Covid-19 measures and health and safety within the...
The Yorkshire County Cricket Club has recently made the headlines due to the allegations raised by Azeem Rafiq of race discrimination and harassment. It has come under close scrutiny due to the way it investigated those allegations and have since dealt...
On 11 November 2021 the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (‘the regulations’) came into force. This follows months of consultations and guidance from the UK Government in their...
It has been reported that in a recent employment tribunal decision, an apprentice hairdresser, who alleged that she had been sworn at, been called “dimlow” and had been told to “grow up” and “pull herself together” by...
Artificial intelligence is the development of computer systems which are able to perform tasks which would ordinarily require a human to do. This can be in a wide range of forms such as speech recognition, decision making, and visual perception. It is easy...
It is reported that the employment tribunal has recently ruled in favour of a mother who requested flexible working hours due to childcare reasons. It is understood that the claimant was awarded £184,961 in compensation by the employment tribunal...
This past year, thousands of people across the UK have joined in protest to show support for anti-racism movements, most notably in response to the George Floyd tragedy which took place in the United States in May 2020. Last week, the Advisory,...
It has recently been reported that a former marketing director has been awarded £30,000 following her successful claim for sex and maternity discrimination. The claimant is understood to have been a senior figure at a courier firm, until she was made...
Sexual harassment in the workplace has been unlawful for decades and workers are already offered protection under the Equality Act 2010. Sexual harassment can take place in many forms, the list for what constitutes sexual harassment is extensive, but can...
The issue of discrimination is now a frequently discussed topic, in the news, and social media. Despite the Equality Act 2010 being introduced to protect individuals from suffering less favourable treatment due to a characteristic which is protected,...
Struggling with the impact of the pandemic, Wigan based holiday company Shearings went in to administration as their parent company declared themselves insolvent in May 2020, leaving over 2000 employees redundant. Over 900 employees brought claims...
If you are a woman with childcare commitments who is either unable to work flexibly or requires flexible working hours and you are subjected to a detriment by your employer, as a result, you may be able to evidence that you have been discriminated against...
With the nation’s attention and imagination now firmly fixed on Sunday night’s Euros final, it’s highly likely that Monday will be more of a challenge than it usually is for the country’s workforce. Win or lose, England fans are...
A recent report released by City Mental Health Alliance UK in partnership with Lloyds Banking Group and YouGov, has found that a significant number of employees from all minority ethnic backgrounds have experienced racism in the workplace. The report...
On 10 June 2021, the Employment Appeal Tribunal, in the case of Forstater v CGD Europe & ors, Index On Censorship and EHRC intervening , considered whether ‘gender critical beliefs’, particularly the belief that there are only two...
A recent change in employment legislation has extended the scope of health and safety protection in the workplace. Previously, only employees were protected from detriment (negative treatment) if they took steps to protect themselves from...
A search on any reputable search engine will tell you that the time limit (which is also referred to as a 'limitation date') for bringing a discrimination claim under the Equality Act 2010 in the County Court is 6 months from the date of the...
The past year has transformed ways of working, with many of us commuting to our studies, spare rooms and kitchen tables rather than the office. With home working now likely to become a permanent fixture, the onus is on employers to amend their HR policies...
‘ Navigating the Labyrinth ’, a report published by the Social Mobility Commission on 20 May 2021 has found that individuals working for the Civil Service who come from what are termed ‘disadvantaged socio-economic backgrounds’ are...
We have been facing turbulent times in the business and employment sector with some of the big names that we know and trust not managing to escape unscathed, recently having to publicly close stores. The word redundancy and furlough unfortunately have...
A recent article in the media has reported a bank employee has been awarded £9,692 by an Employment Tribunal following success in a disability discrimination claim whereby it was found that his employer failed to make reasonable adjustments. It...
Discrimination is the unequal treatment of individuals because of a protected characteristic as defined under the Equality Act 2010. This includes discrimination relating to an individual’s race, gender, disability and/or sexual orientation, to name...
In a decision which could cost the supermarket giant millions of pounds, Asda has lost the first stage in its appeal to the Supreme Court in a landmark equal pay case. On 26 March 2021, the Supreme Court upheld the findings of the Employment Tribunal...
Mental health issues at work have reportedly increased during the pandemic, and, like covid-19 itself, has shown an unfortunate level of resilience. Whether working from home or in a covid secure office, whatever your position or status in an...
According to a recent news article, it was reported following an investigation commissioned by the EHRC that a well known holiday company employed a guest list to exclude people of a particular heritage, (in this case, gypsies and travellers) to prevent...
The UK government has recently announced that more than 20 million people in the UK have had their first covid vaccine. By the end of July 2021 the government hopes that the vast majority of the population will have had access to at least their first...
It has recently been reported that an NHS Trust has been ordered by an employment tribunal to pay an employee nurse over £26,000 for subjecting her to unlawful victimisation. It is understood that the claimant noted how there was a lack of...
On 19 February, in a landmark decision, the Supreme Court ruled that Uber Drivers will now be classed as ‘workers’. In 2016, two Uber drivers brought a case before the employment tribunal...