August 28, 2014

Obesity considered a disability in EU Law

Morbid obesity could be considered a disability under EU law, according to the European Court of Justice. The Advocate General (AG), of the ECJ, has stated that, while EU law does not generally prohibit discrimination on the ground of obesity, morbid obesity may come within the meaning of ‘disability’ under EU law. The AG’s opinion…

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August 27, 2014

New ‘On-Call’ hours ruling to affect all UK employers

A landmark employment ruling, in which two on-call paramedics won a case against the Scottish Ambulance Service (SAS), will now apply to all employers in the UK. Ambulance paramedics Paul Truslove and Ellouise Wood were attempting to get compensation from the Scottish Ambulance Service over a breach of their rest entitlements under the 1998 Working…

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July 30, 2014

Shared Parental Leave – New challenges for employers

Government plans for more flexible working patterns show no sign of slowing down, with its newly published draft regulations for shared parental leave. The changes were legislated for by way of the Children and Families Act 2014, which has received Royal Assent. The essence of the regulations is that they allow parents more flexibility to…

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July 29, 2014

How long do you have to make a personal injury claim?

If you have been injured through no fault of your own, how much time do you have to make a personal injury compensation claim? If you have been injured through no fault of your own, whether as a result of a: Road traffic accident Accident in your workplace A slip, trip or fall on a…

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June 23, 2014

5000 SMEs may be fined over Auto Enrolment

A lack of understanding about legal obligations could see as many as 5,000 small employers face fines, according to research. A survey from Creative Auto Enrolment of over 500 SME employers revealed that 24% believe they have “hardly heard anything” from the Government about Auto Enrolment – and a quarter believed they have had “minimal…

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June 20, 2014

Maternity Leave – your questions answered?

The regulations around Maternity and Paternity leave can be complex leaving employers unclear on what their obligations are. We have put together some of our most frequently asked questions to simplify it for you. How much leave are pregnant employees entitled to? Every pregnant employee has the right to take up to 52 weeks leave…

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May 31, 2014

Discrimination cases aren’t always straightforward

Workers who think they have been discriminated against are usually entitled to resign and claim against their employers…but not in a recent case. Constructive dismissal claims are usually based upon a single, fundamental breach of contract by the employer or a continuous course of conduct where there is a ‘last straw’ that led to the…

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May 30, 2014

Handling a workplace grievance

Minor grievances should be dealt with informally wherever possible – it’s always better to have an open and honest culture where employees can discuss issues with a manager to prevent them from escalating. It is always advisable to keep notes of discussions and investigations so there is an accurate record showing how and when an…

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April 29, 2014

Does overtime qualify for holiday pay purposes?

Recent months have seen a procession of scary holiday pay judgements. It has been ten years since the Court of Appeal set out useful rules. In the well quoted precedent case of Bamsey v Albon Engineering, it held that “applicants were entitled to holiday pay calculated only on their contractual 39 hour basic working week,…

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How to get sued: Give poor employment references

Employers should proceed with caution when providing a reference for a former employee or else they may be liable to pay compensation. There is a duty of care on the part of the employer to ensure that all the information it provides in a reference is accurate. Even though a reference does not have to…

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April 22, 2014

Penalty! (For Employers in Tribunals)

Judges can now issue financial penalties against employers who lose at Employment Tribunal and are found to have committed foul play – thanks to new powers awarded by the government. There has been much hullaballoo of late about the introduction of fees for Claimants to issue a Tribunal claim in the first place and then proceed to a hearing…

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March 28, 2014

Early Conciliation: In depth

Early Conciliation is being introduced under the Enterprise and Regulatory Reform Act 2013. The Act contains a range of measures which will hopefully provide the right conditions to encourage long term growth and support business success. It address one of the fears that businesses have reported of having to defend an employment tribunal claim. These…

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