There is nothing we can do to prevent Employment Tribunal claims being made, and there is unfortunately an unavoidable cost for the employer in defending any such claims. Even if the employer / the Respondent is successful in defending the claim, it is very rare that they will be able to recover their costs, unless […]
Updated 08/02/2023 Resignations, ill health capability, misconduct, redundancy, any of these reasons can lead to the employee or employer giving notice to the other. It is important to ensure notice expectations for both parties are clearly set out in the main statement of terms and conditions at the start of employment, so when the time […]
Frequently employers find themselves in a position where an employee is suffering due to mental health issues at work. For some employees, their mental health may impact performance at work, it could lead to short term absences, while for others their mental health may cause them to be unfit for work on a long-term basis. […]
A question that frequently arises when a person can no longer do their job for health reasons and moves to a “lesser” role, is whether their pay should continue as it was or drop to the rate for the new job. When there is disability in the picture, which is usually the case, the question […]
In a recent employment tribunal case, an employer has been found guilty of failing to make temporary reasonable adjustments for a disabled employee, which, as a result, cost the employer in excess of £75,000 in an employment tribunal award. Employers have a legal duty under Equality Act 2010 (s.20) to make reasonable adjustments for disabled […]
The Employment Rights Act 1996 provides protection to workers who have made a protected disclosure . A dismissal will be automatically unfair if the reason, or principle reason, for the dismissal is that the individual has made a protected disclosure. In addition, workers are protected from being subjected to a detriment on the grounds that […]
Following consultation in 2018 on the misuse of confidentiality clauses in relation to workplace harassment or discrimination, the Government has now announced its proposals for reform. This response is coupled with the launch of further consultation on how to tackle the wider issue of sexual harassment in the workplace. Workplace Harassment It is accepted that […]
When an ‘economic entity’ is sold on, it is probable that the Transfer of Undertakings (Protection of Employees) Regulations (TUPE) 2006 will apply. When TUPE applies the duty to inform and consult will be triggered, ignore this TUPE consultation process at your peril. In a recent case, an employer through no fault of its own, […]
