Archived Legal Articles from 2019

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Employment & HR


Education pledges in anticipation of the General Election on 12 December


With a raft of issues ripe for discussion in the lead up to the General Election, there is no rest for the main political parties vying for support. Education has always been a crucial social issue, and the pledges of each of the main political parties in relation to education has been eagerly awaited.…

Supreme Court finds for automatic unfair dismissal despite good faith


The Supreme Court has upheld the decision of the Employment Appeal Tribunal In Royal Mail Group Ltd v Jhuti confirming that where there is a hidden reason for a dismissal it will be held to be the reason for the dismissal irrespective of the fact that the decision maker had an alternative admissible…

Employment changes on the radar following manifesto publication


With a raft of issues ripe for discussion in the lead up to the General Election, there is no rest for the main political parties vying for support. The law surrounding employment and the workplace has always been a critical area of debate. But given the particularly wide gulf between ideological…

Long Awaited Pensions Schemes Bill Published


The long-awaited Pension Schemes Bill was published on 16 October, detailing amongst other issues the proposed framework for collective defined contribution, new powers and sanctions for The Pensions Regulator and enabling provisions for Pension Dashboards. It also amends the 2004 Pensions Act…

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Causation and correlation in workplace harassment claims


The Employment Tribunal held in Raj v Capita Business Services that establishing an offensive or humiliating environment alone is not sufficient to establish that the conduct relates to a protected characteristic. In order to prove successful, a claimant must establish that the reason for the conduct…

Supreme Court open up application of whistleblowing rights


The Supreme Court has taken a purposive approach to the interpretation of domestic employment legislation in order to comply with human rights obligations and ensure that a district judge was protected following a whistleblowing claim. The Public Interest Disclosure Act 1998 and Employment Rights…

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Employee accompaniment a laughing matter?


A redundancy, grievance or disciplinary process can be confusing and stressful for both employers and the individual involved. Employment law provides the employee with the right to accompaniment at related meetings by a trade union representative or work colleague to offer a degree of support. Often…

Legal Advice Privilege


Legal advice privilege is a lot like gravity, most people know it exists and are glad it exists, but don't really understand it. If legal advice privilege didn't exist then whilst we wouldn't all float away into the atmosphere, it would make taking effective advice for your organisation much…

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Brexit Update - Working in the UK


In the latest development on Brexit, it has been agreed that the UK will now leave the EU on 31 October 2019, unless a further extension is agreed! However, there still remains a significant amount of uncertainty over what will happen to EEA citizens who are looking to live and work in the UK in the…

Brexit - Extracting the potential impact on workers' rights from the maelstrom


With the pervading sense of uncertainty consuming the arrangements for the UK leaving the EU, it is an unsettling time for both the populace and companies operating within the jurisdiction. One of the many uncertainties is the potential impact Brexit may have on UK employment laws, and consequently…

Managing litigation risk in the gig economy


The Business & Human Rights Resource Centre published the findings of its research into the increase in global gig economy litigation last month in its report titled "The Future of Work: Litigating Labour Relationships in the Gig Economy". The report stresses the need for a rights based…

Managing sickness absence as a result of an injury sustained at work


Accidents happen…just as much in the workplace as they do in the outside world. Employees may unfortunately sustain an injury while at work, which could result in them being off sick. This could be a slip resulting in a broken leg, with multiple operations required, or could be sustained due to…

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Employee fails to secure compensation despite finding of unfair dismissal


The Employment Appeal Tribunal ("EAT") in Beattie v Condorrat War Memorial and Social Club & Others recently upheld a tribunal decision that a procedural failing in carrying out an investigation and a finding of unfair dismissal did not necessarily lead to compensation. The Claimant…

Mistaken belief found insufficient to amount to disability discrimination


In iForce Ltd v Wood , the Employment Appeal Tribunal held that an employee's mistaken belief that her condition was under threat by working conditions did not establish unfavourable treatment due to a disability pursuant to s.15 of the Equality Act 2010. An actual rather than a perceived causal…

Usage of inaccessible work email accounts during employee's maternity leave


The Employment Appeal Tribunal ("EAT") held in SW Yorkshire Partnership NHS Foundation Trust v Jackson that it can be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she can't access. However, it will be…

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Employment Appeal Tribunal finding on religious discrimination in nursery case


Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012. She was living with her boyfriend whilst working at the nursery, in contravention of the strict religious requirements of ultra-orthodox Judaism. This information came to light at a barbeque…

Watch This Space - Changes on the Horizon in 2019


While Brexit currently dominates the majority of our discussions, updates and most frequently, the news, there will be a number of Employment Law developments for businesses to watch out for over the next 12 months. Post-Brexit Immigration rule changes Once the UK leaves the EU free movement…

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Employee, worker or self-employed?


It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…

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