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February 27, 2014

Employment Tribunal Fees to stay…for now

Employments Tribunal fees were introduced last year, requiring claimants to pay fees up front. In reaction, UNISON challenged the validity of the imposition of fees, but was eventually unsuccessful. UNISON said that the fees are “unjust and discriminatory” and had been widely criticised as having denied people access to justice. Given that the majority of people who would want to bring a claim in the employment tribunal have recently lost their jobs, it is difficult to argue that the fees wouldn’t have an effect on a person’s…

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February 7, 2014

Employment Tribunal fees – Judicial review fails

UNISON has failed to overturn the introduction of fees for Claimants in the Employment Tribunal system. The High Court in The Queen on the Application of Unison v Lord Chancellor has turned down UNISON's judicial review application against the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 (the ‘2013 Order’). On the surface this looks great for employers, since it is likely fewer employees will challenge their treatment at work as a result of these fees. That said, there is now a fee remission…

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January 30, 2014

HSE clamps down on risks from harmful substances

The Health and Safety Executive (HSE) Construction Division is cracking down on poor management of risks from harmful substances. Heather Bryant, the HSE’s Chief Construction Inspector has said that employers in the construction industry have lost their way when it comes to protecting employees and others from the effects of harmful substances. There is a wide range of harmful substances present on a typical building site, including materials that builders bring onto sites, such as paints and sealants, as well as those produced on site,…

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construction worker working against sunset
December 23, 2013

Could you get paid for sleeping?

It seems that it’s OK to sleep on the job in certain situations, according to the outcome of a recent Employment Appeal Tribunal. The Tribunal (EAT) decided that employees required to "sleepover" at a specified location in the course of their work are entitled to be paid the National Minimum Wage for such hours, regardless of whether their sleep is interrupted. The outcome in this case (Whittlestone v BJP Home Support Ltd) will be particularly relevant to those employers in the care and security sectors.…

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December 20, 2013

Hot tub anyone?

Hot tubing…it may sound like a ridiculous concept but it’s something that Civil Courts use all the time. A Judge gets two or more experts that are involved in a case round a table - or in front of the bench - to put their opinions forward. That way, the Judge is aware of the agreed (or not) issues, avoiding lengthy protected hearings or correspondence. So what is the relevance of this concept to HR and Employment Law? Well, actually, it’s something that many firms…

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November 28, 2013

Moorepay launches cloud-based Time and Attendance solution

UK businesses lose millions every year through inefficient payroll reporting, incorrect data entry and even timecard fraud. Business owners are constantly looking for solutions that save money without sacrificing their efficiency or productivity. Just five minutes of lost time per employee per day may result in a business losing over £100 per employee per year, even at the minimum wage. But now, employers may never have to worry about their employees’ attendance again, thanks to the launch of an innovative new cloud-based time and attendance…

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November 28, 2013

Has the number of tribunal claims increased?

A flood of claims were submitted to tribunals earlier in the year, and it's no surprise why... Earlier this year, in July, fees became payable to lodge both an employment tribunal claim and an appeal. As a result, an issue fee of £250 and a hearing fee of £950 are now payable should an applicant wish to submit a claim for discrimination or unfair dismissal for example. Simpler cases, for such things as unauthorised wage deductions or unpaid redundancy payments, attract a much lower fee…

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black and white front of courthouse
November 27, 2013

Coping with adverse weather conditions

The UK’s most powerful storm in 26 years, St. Jude, meant there was widespread public transport disruption and road closures, with many commuters struggling to get to work. Extreme conditions like snow and ice often plunge the UK's transport network into chaos. As a result, employers are faced with a wide range of employment issues regarding absence and attendance, pay, leave, health and safety and employee rights. Must I pay those who cannot attend work due to the weather? An employer is under no obligation…

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October 30, 2013

Ground Zero for zero hours?

Is it the beginning of the end for zero hours contracts? Over the summer months, the media had a field day with a succession of startling revelations about the use of “zero hours.” This is the somewhat contentious arrangement in which no specific weekly hours are prescribed. Employees may not be offered work from week to week. Perhaps it wasn’t too surprising for McDonald’s and Burger King to be under the employment spotlight but when accusations also hit brand leaders like Boots and Sports Direct,…

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gone fishing sign
September 30, 2013

Avoiding disability discrimination

Over 10 million people in the UK have a limiting long term illness, impairment or disability - with around 1 in 7 disabled adults of working age. The employment-rate gap between disabled and non-disabled people decreased from around 36% in 2002 to around 29% in 2010. To put this into context, the 2010 statistics show that 48% of disabled people were employed compared to a non-disabled rate of 78%. Disability Discrimination Legislation The law relating to disability discrimination is governed by the Equality Act 2010.…

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disabled spot paint