The Claimant in this case must have been feeling very buoyant after winning a claim for disability discrimination, reeling in large compensation payment. The case Barbara Hall had undergone double hand surgery for carpal tunnel syndrome (CTS) which caused her severe pain in her hands, fingers and...
What is constructive dismissal? It is a claim for unfair dismissal albeit one which an ex-employee can bring against their ex-employer in the Employment Tribunal following their resignation in response to alleged poor treatment of them by their employer that they argue amounts to a fundamental...
Got contractors or workers supplying their services to your organisation personally, or via their own limited company or other intermediaries (personal service company or partnership?). Is your organisation covered by the off-payroll working rules? If yes, then you need to make sure that you have addressed your...
How do you meet your legal obligations over Bank Holidays? There is no statutory right to time off on a Bank Holiday. The statutory obligations are to allow workers to take 5.6 weeks (pro-rated for part-time staff) holiday a year. When that is taken and what that...
Hybrid working is becoming a source of increased litigation Flexible working law has not changed in recent years, but the world has changed around it. It remains fairly simple for an employer to reject a request for flexible working, using one of the set statutory reasons....
What is long COVID? Long COVID is described as COVID symptoms (which can vary) that last for more than four weeks. THE MR Burke V Turning Point Scotland EMPLOYMENT TRIBUNAL CASE Mr Burke was a caretaker, working for Turning Point Scotland from April 2001. In November 2020, Mr...
What are restrictive covenants? Restrictive covenants are clauses (often in the employment contract) which restrict what an employee can do after the termination of their employment for a set period of time. This can also be referred to as a 'called restraint' of 'trade clauses' or...
Being granted a 'sponsor licence' allows an organisation to recruit overseas workers under the Skilled Worker route of the immigration system. This route to hiring new employees can be a complex process, but it is typically a reliable and viable solution for organisations which struggle...
Q. Is it a legal requirement for an employer to have a disciplinary procedure? A. Yes, irrespective of the number of employees. If you only have one employee you are still obliged to have one in place. Q. Does the disciplinary procedure have to be referred to...
What legal issues does this area of law present? Essentially, this discrimination is one of the lesser-known areas of the Equality Act 2010. It was introduced at a time when a woman would typically be given notice simply due to having got married. Times have changed,...