Tribunal decision offers useful insight into how employers may have been exposed to claims during the pandemic.
Film company failed to defend claim on the basis that there was an occupational requirement not to be pregnant.
EAT decision adds to established principles on the reasonableness of paying for a role no longer being performed.
Vaccination requirement will apply to most people working in CQC regulated care homes from 11 November 2021.
Decision that a teacher was unfairly dismissed when they were not prosecuted for criminal charges is overturned.
Women are still more likely to have caring responsibilities despite increase in fathers caring for children.
A look at the key characteristics of a robust employee-owned business and how this should be managed for a successful future.
But EAT makes clear that misgendering may constitute discrimination or harassment.
TUC calls for long Covid to be a deemed disability and highlights the ongoing and potential future impact Covid may have on workforces.
This article considers the main benefits, both financial, commercial and social, from transitioning your business to employee ownership.
Employee ownership can be a preferred option available to businesses when considering succession planning. In this article we consider why.
We consider three formal structures available for employee-owned businesses and why these may be suitable.
Failure to explore negotiations with employee were key factor.
What employers need to know to avoid civil penalties.
Lack of manual handling training in lifting disabled pupil was a fundamental breach of contract.
EAT: The way H&S activities were carried out was not separable from performing the activities.
Tribunal considers application of workplace protection in cases of ‘serious and imminent danger’.
Workers who are permitted to sleep during the shift are not performing “time work” or “salaried hours work”
Considerations for school employers following changes to working from home and shielding advice.
As the country emerges from lockdown, what do employers need to know about the rules on working from home?
EAT decides employees can transfer to more than one employer in a service provision change.
Court of Appeal decision highlights careful balance between freedoms and limitations of expression.
Court of Appeal dismisses latest in series of cases brought by former magistrate.
Employer was entitled to dismiss in circumstances surrounding the refusal.
EAT: assessment of whether employer took all reasonable steps to prevent discrimination should include deciding if a step is likely to be effective.
Regulations introduced in November 2020 have been scrapped due to ‘unintended consequences’
A recent case examines the so-called ‘costs plus’ rule when considering indirect discrimination justification.
Decision took account of employee’s length of service prior to leaving the organisation.
Employers need to be aware of this increasingly important provision.
EAT decision strikes balance between rights and protections created under the Agency Workers Regulations 2010.
EAT: An employer’s motive and conduct in making a role redundant is not relevant to determining if a redundancy situation exists.
DBS recommends employers change recruitment questions about convictions and cautions to reflect these new rules.
Redundancy payments should be based on pre-furlough pay but what happens where employees have no normal hours?
High Court: UK has failed to implement EU law protecting workers from detriment on health and safety grounds.
Recent case considered whether an employer could have prevented a practical joke that caused injury.
Government announces furlough support as previously available at 1 August.
Employees on maternity leave have special protections which employers should be aware of as they make key workforce decisions in the coming months.
Is there a lower expectation of privacy for those working in certain professions?
EAT confirms the Acas Code of Practice applied where a protected disclosure led to dismissal.
Key considerations for employers dealing with requests to work differently in the context of the ongoing Covid-19 pandemic.
What are the legal considerations for school leaders?
Government minister says HMRC is working on planning assumption of 5-10% error and fraud rate.
Unfair to dismiss for reputational damage when this was not put to the teacher as a formal allegation.
Case helpfully clarifies an important aspect of the interaction between reasonable adjustments and s.15 discrimination claims.
Recent case suggests a reasonable adjustment may take the form of an undertaking.
Employers cannot claim the Job Retention Bonus where the employee is under notice of termination of employment before 1 February 2021.
Court identifies significant factors for a tribunal to consider when determining employment status.
Some key legal considerations for employers carrying out formal consultation processes.
Although offering an appeal is recommended, there is no statutory right to one in redundancy situations.
Plans include a Job Retention Bonus for employers who keep on furloughed staff and opportunities for young people.
Recent case highlights the difference between working under a contract of employment and ‘collateral work’.
We consider the ICO’s guidance for organisations conducting testing of employees and provide practical advice for complying with data protection law.
Tax tribunal decision offers helpful summary of the law on employment status.
With new quarantine rules in force, can employers exercise control over where an employee goes on holiday or whether they go on holiday at all?
The Wrigleys employment team is delivering a series of webinars on equality in the workplace this summer.
Decision highlights the limits of a generic confidentiality clause in settlement agreements.
Government outlines changes to the Job Retention Scheme to take place between July and October 2020.
The key risks of changing terms on a TUPE transfer – even when they are beneficial to the employee.
How can employers avoid discrimination during the Covid-19 crisis?
We consider the application of the Coronavirus Job Retention Scheme to rural businesses and other Covid-19 related concerns affecting the sector.
The Government has further clarified some details of the Job Retention Scheme.
Many independent schools are facing extremely difficult decisions in the light of the Covid-19 restrictions.
Employers need to consider how they will adapt to make sure policies and procedures are applied appropriately during the current circumstances.
Scheme is open to all employers but those receiving continuing public funding to cover wage costs are not expected to use the scheme.
Dishonesty in investigation report was a fundamental breach of contract.
Advice for employers on how to approach coronavirus and related employment issues
And what impact does this have on the nature of protected conversations?
EAT confirms employee must show the effect of their impairment is 'long term' at the time of the discriminatory acts.
Judge finds views were incompatible with human decency and conflicted with the fundamental rights of others.
Dismissal and breach of right to privacy were justified by potential risk to employer's reputation as statutory safeguarding partner.
Homeworking is becoming increasingly popular but employers should consider a number of important issues before agreeing to it.
Introduction of race criterion in pre-registration of interest interview process was direct discrimination.
Employment tribunal judge was 'overwhelmingly' satisfied that ethical veganism met the necessary tests.
EAT: threat was materially influenced by employee's refusal to work at site after rest break refused.
Election manifestos promise key changes to employment law provisions in the UK.
Recent employment and tax law decisions highlight risk that "self-employed" individuals engaged through their own companies could be employees.
Courts and tribunals are not obliged to follow it, but guidance may be used as evidence in proceedings.
Employee made redundant after employer refused to allow her to continue to job share.
Acas has published guidance for employers on supporting staff who are going through the menopause.
A number of recent developments may extend whistleblowing protection beyond employees and workers.
EAT upholds tribunal's decision that conduct was unwanted but not related to the claimant's sex
How does this request sit within the GDPR framework?
EAT rules that a partly self-interested disclosure could still pass the public interest test
EAT reminds employers and their advisers to be specific.
Court of Appeal confirms school was wrong to pay holiday pay at the rate of 12.07% of earnings.
"Current model is dependent on individual enforcement rather than seeking institutional change" say Committee.
EAT provides useful guidance on a developing area of potential liability for employers.
If someone is employed illegally, will they have any rights under the employment contract or any protection under employment law?
The government is seeking public feedback on a number of work-related topics which may interest you
Court of Appeal confirms perceived disability discrimination claims are permissible under the Equality Act 2010
Making a covert recording could be gross misconduct in some circumstances but the recording may be admissible in the employment tribunal
Employers need to have a clear non-discriminatory reason for action when dealing with religious expression
Employer could not reasonably be expected to know about a disability as employee was unlikely to engage with medical enquiries
Inducements to forgo collective bargaining: the risk of penal awards decreases after Court of Appeal decision.
Double vision correctable by wearing a contact lens in one eye did not qualify as a disability.
No discrimination where special treatment is afforded to women in connection with pregnancy or childbirth
What do you need to know about employing children?
The answer to this is very likely to be…NO
A recent case highlights the difficulties employers face when new evidence comes to light at appeal
EAT decision confirms that the key question is 'what effect does the discrimination have on the individual?'
An agreed exit for school staff via a settlement agreement may be trickier than you think…
A recent case considered a warden and receptionist being on call overnight at a caravan site
Case law has considered the actions of an over-exuberant attendee to an office party in what continues to be a fact-specific area of law
Probationary periods are a common feature of employment – but what exactly are the implications of one?
A disabled employee should have been offered a dedicated parking space as a reasonable adjustment in line with the employer's own policy
Should an employer wait for criminal proceedings to conclude before undertaking an internal disciplinary process?
Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks
Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children
Court of Appeal: TUPE transfer was principal reason for dismissal in the context of claimant's poor relationship with director of the transferee
EAT: teacher's dismissal could not be discriminatory on the basis of the employer's religion or belief but was discriminatory on the ground of sex
Late teacher's estate awarded damages for school's failure to inform the TPS that she had exhausted sick pay and was not in pensionable service
Supreme Court upholds decision that the rules on disclosing multiple spent convictions in an enhanced DBS check are disproportionate and incompatible
The EAT has upheld the decision of an employment tribunal that a live-in carer was an employee of the client even though she contributed to tax & NI.
In December, EHRC published a report on the first round of gender pay gap reporting, focusing on explanatory narratives and action plans.
Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.
Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).
Employment tribunal was right to take a "realistic and worldly-wise" approach as written contract did not reflect the reality of the arrangement
Court of Appeal holds purser paid 50% of full-time pay when available for work for more than 50% of full-time hours was less favourably treated.
Court of Appeal holds two directors of a company personally liable for dismissal-related losses.
A recent Court of Appeal decision highlights the risk that data controllers will be found liable for damages due to a data breach of a rogue employee
An in-depth look into the recent case of the Supreme Court overturning a decision made by the Court of Appeal of Northern Ireland.
Your chance to have a say on the Law Commission's consultation paper, and other questions about the way employment tribunals work
ACAS has published new guidance to assist employers in preventing workplace discrimination on the grounds of religion or belief.
A reminder of the issues that can arise with school accommodation and how to deal with them.
Wrigleys are pleased to announce 4 promotions in the firm's Leeds office.
Was a job applicant with Asperger's Syndrome discriminated against by being required to sit a psychometric test? Yes, held the EAT
A recent legal ruling on TUPE service provision changes to decide whether activities carried out afterwards are “fundamentally the same” as before.
Draft regulations bring relief to maintained schools with less than 250 employees.
Yes, maybe. Schools should be aware that an unclear COT3 settlement agreement could allow an employee to bring future employment tribunal claims.
In a report relevant for academies and maintained schools, an ICO investigation concluded that charities had breached the Data Protection Act.
In the recent case of ALNO (UK) Ltd v Turner the EAT stressed the need to apply the “multi-factorial” test established in an earlier TUPE case
High Court rules draft Ofsted report was wrong to label segregation of girls and boys discriminatory.
Actions required for ALL schools following key changes to statutory safeguarding guidance from September 2016.
Employers who use the £30,000 tax exemption on termination payments are invited to consult on the proposed reforms.
Schools that have salary sacrifice schemes as a benefit for staff paying school fees can take part in the government consultation on proposed reforms.
Many schools will need to be ready for the new rules on reporting pay statistics for men and women from as early as April 2017.
TUPE transferee obligations can apply where a service changing hands is divided among multiple providers on functional lines, explains John McMullen
We look at the movement in schools towards non gender specific policies and procedures.
Not necessarily, said the Scottish Court of Session (Inner House).
Wrigleys is pleased to announce 3 promotions in its private client and charity property teams.
Since 1 July 2015 independent schools have been grappling with 'Prevent'. How should your school be fulfilling its Prevent duty?
How will the new rules on reporting pay statistics for men and women affect larger independent schools?
When might a member of school staff be making a disclosure in the public interest and so be protected under employment legislation?
What are the key factors leading to the increased cost of employing school staff?
What are the likely effects of a Brexit on those UK employment laws of most relevance to the independent school sector?
The Supreme Court unanimously ruled that an employer was "vicariously liable" for the actions of its employee in an unprovoked attack on a customer.
Recent reports have highlighted the difficulties schools face when parents become involved in these disputes.
Handling negative comments, complaints and criticisms about the school or staff made on social media can be a minefield for the leadership team.
An employer who reasonably believed that an employee was lying about his symptoms was entitled to find gross misconduct.
A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.
A recent ruling by the European Court of Justice provides a classic example for HR practitioners of what constitutes a TUPE business transfer.
A recent ruling in the Employment Appeal Tribunal (EAT) gives clarity about when an employee is “assigned” to an employer before a TUPE transfer.
Did an education trust discriminate against a teacher on the ground of age by replacing her with a less experienced teacher? 'No' ruled the EAT
Wrigleys celebrates another successful year for its trainee recruitment process, and welcomes Trusts and Estates specialist solicitor Kieran McIvor.
A group of our staff cycled 40 miles across the Yorkshire hills, between the Sheffield and Leeds offices to raise money for the Alzheimer's Society.
Wrigleys welcomes the arrival of Laura Moss to its charity team and Alexandra Hempsey to its commercial property and education property teams.
Dementia Friends Champions Charlotte Buckley and Amy Slinn have held Friends' information sessions for 96 people at Wrigleys...and counting!
Review of a recent European Court case concerning the rights of employees in employers' shared services arrangements.
Following the creation of the Disclosure and Barring Service (DBS), on the merger of the Criminal Records Bureau and Independent Safeguarding Authority on 1 December 2012, the Home Office has announced that the new criminal record checking system will be free to volunteers.
For many volunteers, the very essence of voluntary work is the flexibility. It is often that freedom that allows volunteers the luxury to help out their chosen organisation in the precious time that they have to spare. Equally, and it is often remarked that, many charities and social enterprises would flounder or fail without the armies of volunteers willing to help out in those sectors.