Changes to the National Minimum Wage exemption for live-in domestic workers
Currently the law states that there is no entitlement to the National Minimum Wage (NMW) in respect of work done…
Employment
Post termination restrictions in employment contracts
It is an inevitable part of the working world that employees will leave. This can be for any number of…
Workers have new rights for predictable terms and conditions
A Bill giving workers the right to request more predictable terms and conditions in their working pattern has received royal…
Can employees claim for historic underpayments of holiday pay?
Can employees claim for historic underpayments of holiday pay even if there are gaps of more than three months between…
Court of Appeal injunction protects our client from unfair competition
Putting this issue’s article on post termination restrictions into practice, the Moore Barlow Employment law team acted for an internet…
Menopause in the workplace – hot flush about nothing?
You would think that it didn’t need to be spelt out that more than half of the population are going…
Joey Johnson
About Joey
I am a trainee solicitor currently placed in the Employment team where I will support other solicitors for…
Thomas Denman
About Thomas
I am a diligent and ambitious trainee solicitor currently undergoing my training contract at Moore Barlow, where I…
Employer’s guide to right to work checks
All UK employers have a duty to prevent illegal working and therefore the law prescribes that right to work checks…
What is sexual harassment in the workplace?
Legislation relating to sex discrimination and sexual harassment in the workplace has been a part of UK equality law for…
Settlement agreement guide
It is common to hear about large scale redundancies, or dismissals, in the news. Indeed, it is often the case…
Employment (allocation of tips) Act 2023
What you need to know about the allocation of tips bill
On 2nd May 2023, the Employment (allocation of tips) Act…
Cathal McCabe
About Cathal
I am an experienced employment law solicitor who practices both contentious and non-contentious employment law work.
My clients…
Restrictive covenants and employee competition
In the recent case of Boydell v NZP Ltd and others, the Court of Appeal considered the severability (or “blue pencil”)…
Claire Wagstaff
About Claire
I am an Associate in the employment team and qualified in 2010. My clients range from companies to…
Are employees entitled to flexible working?
One of the significant changes that we have seen in recent years is the broad acceptance that office working Monday-to-Friday…
Enhanced protection and benefits for employees on maternity leave
There are various provisions from which employees on maternity leave currently benefit and these protections are set to be increased…
2023/2024 Annual rate increases
The 2023/2024 annual rate increases came into effect on 6 April 2023.
The annual increases to the minimum wage and…
What is an unless order?
In the recent case of Minnoch and Others v Interserve FM Ltd, the Employment Appeal Tribunal (“EAT”) overturned the tribunal’s earlier…
Tech companies preparing for growth
Insight bite: Tech companies preparing for growth
Despite ongoing economic uncertainty, tech firms remain focused on growth, with a large…
State of play for businesses
Insight bite: State of play for businesses
Business leaders have weathered storm after storm over the past year. Despite recent…
Building back hospitality
Insight bites: Building back hospitality
The pandemic, Brexit and rampant inflation have hit hospitality hard. Staff are harder to come…
Nikita Shah
About Nikita
I am a trainee solicitor in the Employment team at the Richmond office. I primarily support other solicitors,…
What happens to your employees when you sell your business
For every business owner, whether you own a small family run company or a muti-national corporation, there may come a…
Trans discrimination: What employers have to prevent, and how they should go about it
Over the last 10 years, societal awareness of trans rights and the challenges the community faces has grown massively. Unfortunately,…
Settlement agreement guide: what is a settlement agreement?
Everything you need to know about settlement agreements and what to do if you are offered one by your employer.…
Will the UK introduce a four-day working week?
The COVID-19 pandemic has led to increased support among workers for a four-day working week with no loss of pay.…
Upcoming 2023 employment legislation
Following on our recent Looking Back, Going Forward seminar in our Woking office, this article looks at some of the…
Redundancy pools of one – proceed with caution
What significance do the very recent cases of Mogane v Bradford Teaching Hospitals NHS Foundation Trust (EAT) and, as we…
How do employers protect their trans and gender-fluid employees?
When Liz Truss was Minister for Women and Equalities, a year before she campaigned to become Prime Minister, one of…
Long COVID and its impact on mental health
Despite the Equality and Human Rights Commission’s opinion in June 2022, a recent employment case has established that ‘long Covid’ can constitute…
Menopause in the workplace
As we approach World Menopause Day on 18th October we reflect on the state of play in relation to employment law…
Negative Glassdoor reviews
Negative Glassdoor reviews can have a serious impact on employers. Such reviews might make it harder for employers to recruit…
How might the cost of living crisis impact homeworking practices?
Until the start of the COVID-19 pandemic, the United Kingdom’s homeworkers were a relatively low proportion of the workforce. However,…
Employee’s right to take time off for the queen’s funeral
Many employees are asking whether they can take time off on the additional bank holiday that has been announced on…
The Moore Barlow Silicon Cup Regatta continues to raise funds for charity
The IT industry’s biggest sailing event is again creating a fantastic opportunity for networking and team building while fundraising for…
The risk of holding a “sham” redundancy procedure
In the recent case of Rentplus UK v Coulson, the Employment Appeal Tribunal (“EAT”) upheld the Tribunal’s earlier decision to award…
Without prejudice protection upheld after employer sails close to the wind
In April 2022, the Employment Appeal Tribunal (EAT) overturned the original decision in the case of Swiss Re Corporate Solutions Limited…
When is it too hot to work?
The UK recently saw soaring temperatures of up to 40 degrees Celsius induced by climate change. This led to extreme…
Planes, trains and postal workers – What to do when they threaten to go on strike?
At the beginning of June, the National Union of Rail, Maritime and Transport Workers (“RMT”) announced that over 50,000 railway…
Could long COVID be classed as a disability?
The Office of National Statistics has recently reported that there are an estimated 1.8 million people in the UK experiencing…
Employee refuses to attend work during lockdown – the tribunal decision
It has been determined that an employee who refused to attend work during the pandemic did not have a reasonable…
New tipping legislation put on hold
Workers and trade unions will be disappointed to learn that the plans have been shelved to introduce legislation which would…
New scheme for legal right to work ID checks
Employers in the UK are obligated to ensure that the people they employ have the appropriate rights to carry out…
Holiday Pay – the right to payment for unpaid annual leave
This article sets out the latest update in the long ongoing case of Smith v Pimlico Plumbers Ltd. The Court of appeal…
Non-compete restrictive covenants clause
Law By Design Ltd (“LBD”), a Manchester based employment law firm which largely works for NHS clients, recently won a…
Employment Law in 2022: What have we seen so far?
The years 2020 and 2021 were unprecedented in many ways; including in employment law terms, with many sectors barely functioning…
Are your employees entitled to take time off for the queen’s platinum jubilee bank holiday
Many employers are asking whether their employees are entitled to take time off for the additional bank holiday in June…
Stay updated with the rising employment rates and limits
As April approaches, businesses should ensure they are ready for the annual increases to the employment rates and limits which…
Smaller firms facing a ‘low workforce morale epidemic’
Recent research reveals what the impact of Covid-19 has been on mental health issues in some of the UK’s small…
Flexible working and your rights as an employer
The working landscape has changed dramatically since the beginning of the pandemic. More employees are working from home than ever…
Gig economy and the importance of defining an employment status
The gig economy has been a hot topic over the past few months, with large companies such as Uber and…
Long Covid and disability discrimination: advice for employers
Long Covid is a relatively new illness which is still not fully understood. The National Institute for Health and Care…
Employers, ensure you meet the legal requirements when hiring
The number of job vacancies available in the UK has hit an all-time high in the past couple of months,…
Employees have the pick of the crop
The number of people in paid employment is up. In August 2021, the number of payroll employees in the UK…
Unfair health and safety related dismissal – Mr B Gibson v Lothian Leisure
Mr B Gibson v Lothian Leisure background
Like many businesses, Lothian Leisure faced issues when lockdown hit during March 2020.…
Harassment and constructive dismissal– Driscoll (née Cobbing) v & P Global Ltd and another
The Employment Appeal Tribunal (EAT) has held Driscoll (née Cobbing) v & P Global Ltd and another that a Constructive…
Government publishes response to consultation on sexual harassment in the workplace
On 11 July 2019, the Government Equalities Office launched a consultation on how best to tackle sexu-al harassment in the…
Covid-19: double vaccinated NHS and social care staff can work despite instructions to self-isolate
On 19 July 2021, the Department of Health and Social Care (DHSC) announced that frontline NHS and social care staff…
Department for Work and Pensions faced with £87.9m tax bill
The Department for Work and Pensions (DWP) has faced a tax bill of £87.9 million, to cover missed tax and…
Compensation received by senior advertising executive following unfair dismissal
The Moore Barlow Employment team acted for an individual with over 20 years’ experience working in the media and advertising…
Favourable settlement reached for employer within days of receiving threat of interim injunction
The Moore Barlow Employment team was instructed by a consultancy specialising in data protection and cybersecurity following the termination of…
Webinar: Determining your workers’ employment status and how to manage legal risks
In the on-going Uber drivers’ case, the recent landmark decision of the Supreme Court has changed the approach that Employment…
Working from home guidance not to be lifted until 19 July
The Prime Minister, Boris Johnson previously indicated that the government’s current work from home guidance will end on 21 June…
Low pay commission publishes non-compliance and enforcement report
The Low Pay Commission (LPC) has published its fourth standalone report: Non-compliance and enforcement of the National Minimum Wage 2021.…
Fire and rehire tactics should be made illegal
A survey conducted for the GMB union has found that 76% of the UK public think that “fire and rehire”…
Acas report on costs of workplace conflict
On 11 May 2021, Acas published a report addressing the impact of workplace conflict on individuals and employers, helping to…
Right to work checks are being extended until 31 August 2021
Employers must ensure that every employee has the right to work in the UK. Right to work checks must be…
Disability discrimination case law – All Answers Ltd v W and Another
In the recent case of All Answers Ltd v W and Another, the Court of Appeal has held that when…
Unintentional indirect discrimination
What is indirect discrimination?
Indirect discrimination is where a provision, criterion or practice, which are not intended to treat anyone…
Protection from detriment in health and safety
The draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 came into force…
Moore Barlow advises BANAIR (Holdings) on its acquisition of Bright Structures Limited
BANAIR is a growing UK based engineering group with manufacturing in the UK and Poland, and sales markets mainly in…
Webinar: Managing work from home arrangements: considerations for employers
This webinar will give an overview of the considerations that employers need to give to work from home set-ups on…
Right road back to the office
The Government’s roadmap out of the current lockdown has undoubtedly been welcome news for employers, who can now start planning…
Online applications on the line
In the case of Mallon v Aecom Ltd, the Employment Appeal Tribunal was required to delve into the Equality Act…
When a “sleep-in” counts as work
In Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home), the Supreme Court held that…
Document retention period changes
If you are working in HR, it is important that you are familiar with the statutory retention periods for certain…
Navigating the business visitor rules
With the free movement of people from Europe no longer possible following the end of the Brexit transition period, and…
Asda equal pay ruling
In the latest installment of the equal pay claims saga, the Supreme Court rejected Asda’s appeal that shop floor workers…
Uber accepts drivers as “workers”
In Uber BV and Others v Aslam and Others, the Supreme Court looked in detail at the relationship between the…
Webinar: Emerging from lockdown and how to manage the return to the workplace
As the UK continues to progress along the government’s roadmap towards the end of restrictions, many employers are turning their…
Webinar: Looking back going forward: an employment law update
At the beginning of 2020 the focus of Employment Lawyers and HR professionals was on the impact of Brexit on…
Furlough scheme extended until September 2021
The Chancellor of the Exchequer – Rishi Sunak – has announced that the Coronavirus Job Retention Scheme (furlough scheme), which…
Race case out of time
In Adedeji v University Hospitals Birmingham NHS Foundation Trust, the Court of Appeal upheld an employment judge’s refusal to grant…
Gender pay gap reporting
Last year, enforcement of gender pay gap reporting was suspended due to Covid and many firms chose not to submit…
Are you ready for wage rises?
This is the time of year when employment lawyers and HR professionals prepare for the changes to rates and limits…
Indirect sex discrimination – childcare
In the case of Cumming v British Airways plc the EAT considered how to determine if a provision, criteria or…
Is grievance procedure proof of contract?
In Gordon v J & D Pierce (Contracts) Limited, a man’s claim for unfair dismissal was refused because an employment…
Extension to off payroll working rules
Before words like ‘coronavirus’, ‘pandemic’ and ‘social-distancing’ became part of our daily vocabulary, a topic high on the agenda was…
Using the “reasonable steps” defence
Many employers when faced with a discrimination or harassment claim by one employee in relation to conduct by one or…
Recruiting overseas workers in 2021
Recruiting workers from overseas, whether from the EU or further afield, requires employers to navigate the UK’s immigration rules. For…
Treasury Direction extends the furlough scheme until April
The government has issued a new Treasury Direction formally extending the Coronavirus Job Retention Scheme (better known as the furlough…
‘No jab, no job’ – why we don’t advise employers to have a mandatory vaccination policy
We hear in the news this week that Charlie Mullins, famously litigious founder and CEO of Pimlico Plumbers, has announced…
A holiday fit for a queen
In November 2020, the Government announced an extra bank holiday for June 2022 in celebration of the Queen’s Platinum Jubilee.…
How long is ‘longterm’ when it comes to disability?
The definition of disability in the Equality Act 2010 is that a person has a physical or mental impairment which…
Are anxious whistleblowers blowing into the wind?
Recent research by the whistleblowing charity Protect found that UK employers disregarded nearly half of all their employees’ coronavirus-related concerns.…
Health and Safety protections extended to Gig economy workers
The Independent Workers’ Union of Great Britain v The Secretary of State for Work & Pensions and others.A recent decision…
Webinar: Beware the automatic unfair dismissal
Many employers are having to make changes to their business, including restructuring and redundancy programmes. In doing so, it is…
Reminder – Time limits for furlough claims from 1 November
There are new stricter time limits for making claims under the Coronavirus Job Retention Scheme (furlough). These apply during the…
What does Brexit mean for your workforce?
The end of the transition period on 31 December 2020 means your business should be taking preparatory steps now to…
Notice pay for furloughed employees
As we will all now be aware, the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) has been…
Moore Barlow acts on MBO of the Serocor Group
Moore Barlow has advised the management team in their successful management buyout of the Serocor Group, the leading £100m+ turnover…
Settlement agreement guidance – what is a settlement agreement?
If you are in the unfortunate position of being made redundant or your employment is coming to an end for…
Extended Coronavirus Job Retention Scheme Guidance released
On 5 November, the Chancellor announced that the Coronavirus Job Retention Scheme (commonly known as the ‘furlough scheme’) which was…
Government support for jobs and the self-employed is extended into 2021
The government has just announced further extensions to the Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme,…
Update to the Self-Employment Income Support Scheme (SEISS)
SEISS has been extended for a further six months, with two grants available covering each three month period. In order…
Covid-19: Extension of furlough
The Prime Minister has announced that England will be entering into a national lockdown from Thursday 5 November until at…
Covid-19: Job Support Scheme Guidance now available
In September the Chancellor unveiled plans for the Job Support Scheme (JSS) which comes into force from 1 November, taking…
Covid-19: Chancellor announces increased support for jobs
The Chancellor has announced plans to increase support through the Job Support Scheme which is due to come into effect…
Covid-19: Three tier lockdown and extension to the Job Support Scheme
The Prime Minister has formally unveiled plans for a new three tier system for implementing local lockdowns restrictions across England.…
Personality clash dismissal permitted
In most cases, dismissal of an employee without following any sort of formal procedure would lead to the conclusion that…
Dismissal unfair despite no chance of compensation
An employee was entitled to bring a claim for unfair dismissal even where there was no reasonable prospect of recovering…
Foster carers held to be Council employees
In the case of Glasgow City Council v Johnstone UKEATS/0011/18 the Employment Appeal Tribunal (EAT upheld a decision by the…
Employment Tribunal grants interim relief to dismissed employee
In the case of Morales v Premier Fruits (Covent Garden) Ltd the Claimant, Mr Morales, was employed by Premier Fruits…
Week’s pay for a week’s furlough
With many companies starting to make redundancies as the furlough scheme begins to wind down, there has been much discussion…
Covid-19: New Coronavirus Regulations now in force
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force in England at midnight. The Regulations confirm and…
Covid-19: Chancellor announces Job Support Scheme
The government has been under increasing pressure to extend the Coronavirus Job Retention Scheme which is going to stop providing…
Covid-19: Government U-turn on work from home guidance
In response to the rising number of cases of Covid-19, the Prime Minister outlined new measures in an address to…
Webinar: As the furlough scheme draws to an end, what are your workplace options?
As the furlough scheme draws to an end, what are your workplace options? With only a few weeks to go,…
Over two years on: ensuring you are still GDPR compliant as an employer
The 25 May 2020 marked two years since the General Data Protection Regulations (GDPR) came into force. Within the UK…
Webinar: The ongoing challenge of bringing staff back to the workplace
Since 1 August, the government has given employers the green light to bring their employees back to the workplace (provided…
Covid-19: New legislation for redundancy and notice pay of furloughed employees
The government has announced new legislation to ensure that furloughed employees who are made redundant will receive a statutory redundancy…
Covid-19: Travel abroad and compulsory quarantine – how do employers manage this?
Schools have broken up for summer holidays and more employees are now venturing out and going abroad. Already we are…
Webinar: To return to work – or not
The challenges of coronavirus and how employers manage returning to work
We are facing a time of uncertainty as employees…
Coronavirus: Bringing your employees back to work
Michelle Tudor, senior associate in the employment team discusses some of the practicalities and legal issues that may arise as…
Chancellor unveils coronavirus recovery plan to save jobs
Chancellor Rishi Sunak has announced a £30bn plan to boost the economy and prevent mass unemployment as the financial effects…
Case Law: WM Morrison Supermarkets plc v Various Claimants
When is an employer vicariously liable (i.e. responsible) for the conduct of its employee? This came up in the case…
The variations enigma – TUPE and pre-transfer changes
In the case of Ferguson and others v Astrea Asset Management Ltd, four directors and shareholders of an estate management…
The straw that breaks the contract’s back
The concept of the ‘last straw’ in relation to constructive dismissal claims featured in the case of Williams v Governing…
Leaving annual leave too late
We are receiving a lot of enquiries regarding staff holiday and holiday-pay during coronavirus.As we ease our way out of…
Making your workplace Covid-19 secure
As the stay at home rule relaxes and businesses get the green light to re-open, employers are making plans to…
Bracing your company for redundancies
The president of the employment tribunals for England and Wales has said that he expects a big increase of unfair…
Flexible furlough scheme confirmed by Treasury Direction
The Treasury Direction covering the Coronavirus Job Retention Scheme (CJRS) has been updated to cover the amendments to the original…
Flexible furlough scheme
Over the weekend, the government released guidance about upcoming changes to the coronavirus job retention scheme (also known as the…
Changes to the Coronavirus Job Retention Scheme
On Friday 29 May 2020, the Chancellor announced reforms to the Coronavirus Job Retention Scheme (CJRS) (also known as furlough…
New Statutory Sick Pay (SSP) rules for government tracing initiative
The government has launched its contact tracing service in England (similar initiatives available in the rest of the UK). The…
Getting ahead of the game – ensuring employment contracts are compliant
The current lockdown is undoubtedly a strange time for us all. However, it does offer an opportunity to pick up…
Seasonal worker scheme multiplies by four
Following concerns over a lack of migrant labour as a consequence of Brexit, the government is significantly expanding its Seasonal…
An extension to the furlough scheme – but at what cost?
Chancellor Rishi Sunak has announced a further extension to the Job Retention Scheme until 31 October 2020. In his speech…
Extension to the furlough scheme
The Chancellor has today announced that the Coronavirus Job Retention Scheme (“Scheme”) will be extended for four months, until the…
David Ludlow
About David
I am a Partner in the employment law team for businesses and individuals.
I enjoy advising and representing…
Coronavirus Job Retention Scheme online portal is now live
The Coronavirus Job Retention Scheme online portal is now live and can be accessed through the Government Gateway. There is…
The job retention scheme: further guidance
Following on from our previous updates on the Coronavirus Job Retention Scheme, both the government and the Treasury have provided…
Guidance for Furlough Scheme for Employees
Over the weekend, HMRC published some much needed additional guidance about the Furlough Scheme (otherwise known as the Coronavirus Job…
Changes to written statements of terms
Section 1 of the Employment Rights Act sets out the right for an employee to be given a statement of…
Employment law factsheet 2020
Whilst businesses are busy organising their workforces during the current Covid-19, there are a number of changes effective from 6…
Data privacy implications of the Coronavirus (COVID-19) pandemic
Data privacy law has always tried to strike a balance between individual rights and overwhelming social needs. With the COVID-19…
Job retention scheme – new guidance
The government has updated its guidance on the Job Retention Scheme which we have summarised below.
Two additional requirements for…
Assistance if you are self-employed
Following on from our articles on the Job Retention Scheme, we address here the support available from the government for…
Immigration for schools update: sponsored students affected by Coronavirus
The Home Office has released updated guidance to deal with individuals affected by travel restrictions associated with coronavirus (COVID-19).
Tier…
Naomi Greenwood
About Naomi
With over twenty years of specialist experience, I guide HR professionals, in-house counsel, senior management and individuals through…
Katherine Maxwell
About Katherine
I am a partner and head of the firm’s employment law team and work from our Richmond and…
Applying for a visa to come to the UK during the coronavirus epidemic
At present, UK Visas & Immigration case working and compliance teams are still functioning and pending applications are being processed,…
Coronavirus (COVID-19) – employment issues update
Further to our Coronavirus Employment Law Issues article issued recently, we now have the latest information and guidance concerning the employment law…
Settlement Agreements: ensuring a MOORE favourable exit
If you are an employee and your employer has just mentioned a ‘settlement agreement’, you are probably wondering what is…
Immigration update: Coronavirus (COVID-19) guidance
The Home Office has updated it’s guidance for individuals affected by travel restrictions associated with Coronavirus (COVID-19).
Due to travel…
Firms failing to pay minimum wage
According to the Resolution Foundation think tank, one in four people over the age of 25 are beingpaid less than…
Can a birthday card be discriminatory?
A legal secretary, Miss Munro, whose colleagues asked about her 50th birthday and sent her abirthday card, claimed she suffered…
£9,000 settlement for transgender woman
A transgender woman who claimed she was rejected for a job as a temporary sales assistant withDebenhams has received a…
Government sexual harassment survey
In one of the largest ever surveys of its kind to be carried out, the Government EqualitiesOffice is surveying thousands…
£17,000 for sacked pregnant worker
Liz Earle beauty company has admitted to falling “short of our standards” after they were ordered to pay £17k to…
Samira Ahmed wins equal pay tribunal
One of the BBC’s most high-profile presenters, Samira Ahmed, has won the equal pay tribunal shebrought against the broadcaster.
Ahmed,…
Employees living on site
Many roles in the UK require employees to live close to their place of work.
Sometimes, employees are required to…
Employee loses company £200,000 in fraud
An employee who was a victim of a £200,000 email scam has been told she does not have torepay £108,000…
When can holiday pay be rolled over?
The European Court of Justice (ECJ) recently heard two combined Finnish cases concerningemployees who hadn’t been able to take full…
£700,000 awarded to headteacher sacked for having sex with 17-year-olds
A primary school headteacher who was sacked for having sex with two 17-year-old boys has wonnearly £700,000 in compensation.…
New NHS Visa
The Conservatives are planning to introduce a “NHS visa” as part of their proposals for an Australian style points based…
Restrictions to the Tier 1 (Exceptional Talent) visa, are they required?
This visa is for leading individuals in the fields of science, humanities, engineering, the arts and digital technology. It has…
Casual seasonal workers and holiday pay
A casual worker is entitled to paid holiday, and their entitlement pay is calculated pro rata by reference to the…
UK Innovator and Start Up Visa, is it a success?
It seems that these new visa’s which were introduced earlier this year are very difficult and hardly anyone is able…
Wrongly calculated holiday pay
Harpur Trust v Brazel [2019]…
Tesco manager unfairly dismissed
An ex-Tesco manager, who said she was “left in the dark” about changes to her role and subsequently suspended for…
Vegetarianism not a philosophical belief
Conisbee v Crossley Farms Ltd and others
In an intriguing case, the Tribunal considered whether vegetarianism is a belief, and…
Employer claim response too generic
Upton-Hansen Architects v Gyftaki…
Supervisor ordered to pay compensation
In an “unusual” move, a tribunal has ruled that a supervisor (as opposed to the employer) should pay a Claimant…
Immigration changes scheduled for the 6th October 2019
The main change will be the amendment of the Shortage Occupation List, with many roles being added to the list…
Are you liable for an employee’s Facebook post?
Forbes v LHR Airport Ltd…
Ruling on unreasonable covenants comes as a relief
Tillman v Egon Zehnder Limited.…
Health is everyone’s business
Wanting to reduce ill-health related job loss in the UK, in July this year the government launched aconsultation entitled “Health…
Heatwave calls for flexible working
During last month’s scorching heat wave, the Trade Union Congress (TUC) called foremployers to let staff work flexible hours or…
Protecting new parents from discrimination
Pregnancy or maternity discrimination is illegal under the Equality Act, yet up to 54,000 women a
year still feel forced…
Should the salary threshold for Tier 2 workers be reduced?
There are suggestions that the next Prime Minster should lower the salary threshold from £30,000 to £20,000. Industry experts believe…
Would an Australian points based system work in the UK?
Boris Johnson has recommended that we move towards an ‘Australian style’ points based system. We already have a points based…
Tribunal procedure – strike out
ICTS Limited v Visram.…
Employers knowledge of disability scrutinised
Baldeh v Churches Housing Association of Dudley and District Ltd.…
Parental leave – equal pay?
A recent ruling by the Court of Appeal (COA) has clarified the differing purposes of sharedparental leave (ShPL) and maternity…
Offensive language during training
Theresa Georges v Pobl Group Ltd.…
HMRC loses another IR35 appeal
Atholl House Productions Ltd v HMRC.…
Should the government guarantee the rights of EU Citizens living in the UK?
The Commons Home Affairs Committee said technical issues had ‘blighted’ the scheme with some struggling to navigate the online application…
10 firm-wide promotions at Moore Blatch
With the firm’s continued growth and success, Moore Blatch, a top 100 law firm focused on supporting people, families and…
Should employers sponsor their highly skilled EU Workers if there is a no deal Brexit?
If the UK leaves the EU with no deal, we are now recommending that employers should at least consider sponsoring…
Don’t shoot the whistleblower
The aim of integrity, health and safety, and fair competition should apply to most, if not all, industries and therefore…
Make your employees beam with a share scheme
Employee share schemes are increasingly common and increasingly seen as a cost-effective incentive for rapidly growing businesses in a range…
Employees can investigate before end of police inquiries
In the case of North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal confirmed that an employer…
Personal injury quantifiable in rest-break claims
The case of Grange v Abellio London Ltd will be of particular interest to employers as it confirms that non-compliance…
Not all workers get 20 uninterrupted minutes off
In the recent case of Network Rail Infrastructure v Crawford, for workers deemed “special workers”, compensatory rest need not be…
When is a worker an employee?
In a recent landmark case that was hailed the ‘first public sector gig economy victory’, a group of art educators…
When sacking isn’t religious discrimination
In the case of De Groen v Gan Menachem Hendon, a teacher was sacked from an ‘ultra-orthodox’ Jewish nursery in…
No more staff parties?
Following a recent compensation claim for £300,000 against Cancer Research UK by one of its employees during a staff party,…
New start-up and innovator visas encourage entrepreneurs to the UK
The Government has introduced two new visa routes for entrepreneurs.
The start-up visa, this visa is for those wishing to…
Is there a post-brexit solution for farm workers?
The issues in relation to retaining agricultural workers surmising rotting fruit mountains have been widely reported by the media. Talk…
If the beast from the east struck again
A year ago this month ‘The Beast from the East’ cold wave hit the UK, causing chaos up and down…
Iceland in frosty wage – Dispute with HMRC
Iceland Foods are in a dispute with HMRC over the company’s Christmas savings scheme.…
Pay-gap reporting deadlines loom
Gender pay: New legislation introduced in 2018 requires large employers (250 employees or more) to publish their overall mean and…
Restrictive covenants under scrutiny in landmark case
In the case of Tillman v Egon Zehnder Ltd, the Supreme Court is considering whether professional services firm Egon Zehnder…
Top athlete fails to win employment status
Former Team-GB cyclist Jess Varnish brought an Employment Tribunal claim against British Cycling and UK Sport, with the aim of…
How to protect your business after Brexit
With so much uncertainty about Brexit, many employers are anxious about the status of their EU employees and employment in…
What is unfavourable treatment in discrimination?
The Supreme Court (“SC”) has clarified what amounts to “unfavourable treatment” for the purposes of a claim for discrimination arising…
Sharp rise in Employment Tribunal claims
There’s been a dramatic rise in Employment Tribunal claims since fees for bringing an employment claim were abolished in July…
When is a resignation not a resignation? The case of East Kent Hospitals University NHS Foundation Trust v Levy
In the case of East Kent Hospitals University NHS Foundation Trust v Levy, an employee in the Trust’s Records department…
Job hunters focus on gender pay gap
Six out of ten women would take into consideration an organisation’s gender pay gap when looking for a job, according…
Morrisons loses at High Court
The supermarket Morrisons has failed in its challenge to the High Court that it be held liable for a security…
Gay cake’ ruling provides lessons for employment law
On 10 October 2018, arguably one of the most highly anticipated court judgments of our time – in the so-called…
Christmas party bust-up: boss to blame. The case of Bellman v Northampton Recruitment Ltd
An employer can be held liable for the unlawful actions of one of its employees if it takes place during…
Drug and alcohol tests: what employers need to know
Barratt Developments recently announced it would introduce randomised drug and alcohol testing for staff to combat increased risks on building…
Workers taking sick days drops to record low
Nearly 9 in 10 HR professionals have noticed that employees are spending longer at work than is required of them.…
Government launches LGBT action plan
Following a national survey of LGBT people, the Government Equalities Office (GEO) has published the LGBT Action Plan: Improving the Lives…
Confused about holiday pay?
‘Flowers V East of England Ambulance Trust’This case centres around a group of claimants who worked for East of England…
£16k for schoolgirl in Pizza Hut sexual harassment case
Pizza Hut have been ordered to pay £15,800 to a schoolgirl who was working as a receptionist in a Pizza…
Unfair dismissal claims: When do statutory notice periods need to be added to qualifying service?
‘Lancaster and Duke Ltd v Wileman’…
Should you pay national minimum wage for sleep-in/on-call workers?
‘Royal Mencap Society v Tomlinson-Blake’This case considered whether two care workers (Mrs Tomlinson-Blake and Mr Shannon) were entitled to national…
An employer can still raise issues on remedy despite failing to lodge a claim on time
The Court of Appeal has recently ruled that an employer who failed to lodge an ET3 in response to an…
Dismissal for misconduct without prior warning
The case of Mbubaegbu v Homerton University Hospital considered when dismissal for misconduct without prior warning can be reasonable. It…
Case law update – confusion over shared parental leave
In our last monthly update we commented on the case of Ali v Capita Customer Management Ltd. This case concluded…
Employment contracts failure to detail when notice is given
The case of Newcastle Upon Tyne NHS Foundation Trust v Haywood considered the matter of when the notice of termination…
Disabled workers pay gap widens
The pay gap for disabled workers is at its highest since 2013, and disabled workers now earn on average £1.50…
Pimlico Plumbers lose in Supreme Court
Self-employed plumber Gary Smith has won his case against his former employer, Pimlico Plumbers. The case concerned whether Gary was…
Windrush day – what really happens at Home Office appointments?
We recently attended an appointment at the Home Office with one of our Windrush clients who has been considerably affected…
A brief examination of new Government plans to help Windrush families
The Government has published new guidance for undocumented Commonwealth citizens, Amber Rudd has resigned and Sajid Javid has been appointed the new Home Secretary,…
Ensure you understand how to tax notice pay when it is paid in lieu following recent changes to the law in this area
This April saw the most significant change to the taxation of termination payments in many years. The intention of the…
The gender pay gap- did you fail to report?
More than 1500 companies who employ over 250 people failed to report their gender pay gap results on the 4th…
The high street suffers despite falling unemployment – ensure redundancy policy is fair
We have just seen the lowest unemployment figures since May 1975, but despite this positive outlook, in many parts of…
The Equalities and Human Rights Commission identifies widespread Sexual Harassment failures
The Equalities and Human Rights Commission has identified widespread failures by employers to set out sufficient processes and policies on…
Facebook’s data processing scandal could set the tone for GDPR claims
Ahead of the implementation of the GDPR on 25 May, Facebook and its relationship with Cambridge Analytica could set a…
Recruiting seasonal workers after Brexit – possible solutions?
The issue of immigration has featured prominently in the Brexit debate. Following the decision to leave in June 2016, the…
Failure to enhance shared parental leave is not direct sex discrimination
The case of Capita v Ali concerns a father who took shared parental leave so that his wife could go…
Agency workers cannot be paid more to avoid equal terms of employment
Regulation 5 of the Agency Workers Regulation 2010 (‘AWR’) states that an agency worker is entitled to the same basic…
Are you doing the Resident Labour Market test correctly?
The recent High Court decision in R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin) case illustrates…
£47,000 for transgender Primark employee following “shocking” discrimination
Gender reassignment is a protected characteristic under the Equality Act 2010. Yet a case recently emerged in which a female…
Tesco’s £4bn equal pay bill
Tesco is facing an £4 billion equal pay claim from thousands of female shop workers. If this claim is successful,…
Are your employees making the most of shared parental leave?
Despite shared parental leave being introduced in 2015, only 2% of those couples eligible for the leave have chosen to…
Are you ready for gender pay reporting?
While gender pay reporting currently only applies to organisations employing over 250 people, it’s advisable that any organisation employing over…
GDPR- are you ready?
As you will be aware by now, the GDPR comes into force in the UK on 25th May 2018. If…
Employee dismissal – being aware matters
In a complex and ongoing case, the Court of Appeal reversed a ruling by the Employment Appeal Tribunal (“EAT”) which…
Uber loses a battle but the war continues
In our previous update, we advised you that the Employment Appeal Tribunal (“EAT”) had held that Uber’s drivers are to be…
A guide for employers on navigating the festive season challenges
Christmas can be a notoriously tricky time for employers, with numerous social events and of course the inevitable office Christmas…
13 years of Back Holiday Pay for Window Salesman
A window salesman has been awarded 13 years of unpaid holiday pay by the European Court of Justice (“ECJ”) in…
Should a part-time worker be paid 50% of a full-time salary?
The Part Time Workers Regulations 2000 state that part-time workers cannot be treated less favourably than their full-time counterparts. In…
Can you rely on previous incidents during a later disciplinary investigation?
Any employer knows any dismissal on the grounds of misconduct can only occur after a thorough investigation. It is not…
Are you up-to-date with the rules and requirements of the new Apprenticeship levy?
In April 2017, the government introduced an apprenticeship levy; a tax on UK employers to support the funding of apprentices.…
Sleep-in staff (minimum wage enforcement)
Sleep-in shifts have recently hit the news following a leaked report which revealed many council employees were being paid below…
Check your IT user policies- are you monitoring staff usage appropriately?
A recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the case of Barbulescu…
Important guidance from ACAS on supporting parents with ill and/or premature babies
ACAS has issued new guidance related to employees who have a baby or babies that are ill or premature.…
Are you up-to-date with the new ‘Vento bands’?
Those that are successful in a discrimination claim can be awarded compensation for injury caused to feelings as a result…
Voluntary overtime must be included in holiday pay
The Employment Appeal Tribunal (EAT) has ruled that voluntary overtime must be included when calculating holiday pay.…
Changes to employment law proposed by review of modern working practices (the ‘gig economy’)
The gig economy is often defined as “a labour market characterised by the prevalence of short-term contracts or freelance work,…
Watch out – you may see more employment claims being brought by employees!
On 26 July 2017 the Supreme Court handed down a landmark judgment, finding that tribunal fees for those bringing employment…
Don’t get caught out – check your family friendly policies are not discriminatory
Shared parental leave (SPL), which came into force in April 2015, allows parents to share up to 50 weeks of…
Are you able to ban an employee from wearing a headscarf at work?
In short the answer is yes but only in certain cases. In the recent months there has been a high…
Discrimination should not be inferred simply because the employer’s conduct has been unreasonable
The Employment Appeal Tribunal (EAT) has recently handed down their judgment in Kent Police v Bowler. They confirmed that an…
An update on the gig economy
The term ‘gig economy’ is a fairly new term which you are likely to have heard in the media. Some…
Are your contracts clear on when notice to terminate employment is deemed to be given?
If an employment contract is silent on when notice is deemed to be given, notice of termination doesn’t take effect…
Update on holiday pay cases
The Supreme Court has refused permission to appeal to British Gas in the holiday pay case Lock v British Gas. This provides…
Moore Blatch advises on SecureData’s purchase of Cygnia Technologies
SecureData, a leading cybersecurity services and solutions provider, has acquired cybersecurity company, Cygnia Technologies Ltd, with the legal advice being…
Adekosan v Sainsbury’s Supermarkets Limited – can gross negligence justify dismissal without notice?
Usually when an employee’s employment is terminated, the appropriate amount of notice must be given by the employer. The Employment…
Pimlico Plumbers & Anor v Smith: when is a plumber a worker?
Determining ‘worker’ status has been a major focus in the world of employment law recently, with several high-profile cases considering…
Apprenticeship levy- Are you prepared?
As you may have seen in the media recently, despite Brexit, the new apprenticeship levy (“Levy”) is still expected to…
Tribunal fees report: the introduction of Employment Tribunal fees has “broadly met its objectives” the government concludes
Employment tribunal fees were introduced by the government in July 2013. They range from £390 for a claim for unpaid…
Gender Pay Reporting – A summary of the reporting guidelines and pay calculations
Reporting Guidelines…
Do you operate a holiday year from 1st April – 31st March? If so watch out!
Attention employers! Due to the way that the Easter bank holidays fall this year and next year, it is anticipated…
The National Minimum Wage – make sure your business doesn’t end up on the government’s name and shame list!
On 15 February 2017, the government ‘named and shamed’ more than 350 employers who had underpaid their workers the national…
Is long-term stress a disability?
In the case of Herry v Dudley Metropolitan Council UKEAT/0100/16/LA an Employment Appeal Tribunal (EAT) has provided some welcome guidance…
Dewhurst v CitySprint UK Ltd- latest ‘gig economy’ case on worker status
Last year an employment tribunal heard the case of Aslam, Farrar and Others v Uber where it was held the…
Salary sacrifice changes
In the Autumn Statement 2016, the government announced major changes to salary sacrifice schemes that are due to take effect…
Gender pay gap reporting- is your company prepared?
The final draft of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (“the Regulations”) has now been published…
Jeremy Corbyn calls for laws restricting boardroom pay
According to think-tank High Pay Centre (HPC), by midday on Wednesday 4 January 2017, Britain’s top bosses had earnt more…
The Trade Union Act 2016: an update
Last year we reported on the Trade Union Act 2016 (the “Act”) which received royal assent on 4 May 2016.…
Employee unfairly dismissed via ‘WhatsApp’ but not awarded compensation
In the case of Rehman v Jamia Hanfia Ghosia Mosque an employment tribunal has held that a former employee was…
The Law Society calls for employment law reform in the wake of the ‘gig economy.’
There has been much debate in recent months over the legal employment status of workers within the ‘gig economy’ –…
Key employment law changes expected in 2017
Every year seems to bring with it changes in the world of employment law and 2017 is set to be…
