Some employers treat their staff disgracefully but, no matter how bad their conduct may be, the objective of the tribunal system is not to punish them but to compensate those who suffer at their hands. A case on point concerned an immigrant worker who was plunged into depression after suffering extortion at his boss’s hands….
Our Chartered Legal Executive, Lucy Watson, provides answers to some popular questions about Employment and what to do if you are facing problems in the workplace. What is Employment Law? Employment law is a set of laws that deal with the rights of employees and the responsibilities of an Employer. Employment law covers a wide…
We asked our Chartered Legal Executive, Lucy Watson, some popular questions on starting up a new business and how Tayntons can assist business owners with issues that could potentially arise. Which areas of Employment can Tayntons assist with to help business owners? Our employment specialists are highly experienced and have supported businesses of all sizes…
Our Chartered Legal Executive, Lucy Watson, comments “When companies collapse, it can sometimes leave employees high and dry. However, a recent Tribunal decision found that an employee taking swift legal action is not without government protection when a company goes bust. ” “In this particular case a holiday company encountered severe financial difficulties, and entered…
Is it directly or indirectly discriminatory that men are paid less when on shared parental leave than women on maternity leave? In a ground-breaking decision, the Court of Appeal has answered that burning question in the negative. Women are entitled to 52 weeks’ leave after giving birth, 39 of them paid. The first six of…
We participated in Solicitors Chat on Twitter answering questions about how employers can support employees when it comes to expressing their gender identity. Our Chartered Legal Executive, Lucy Watson, was on hand to provide some much needed guidance. We’ve set out our answers out below. 1.What are The Equality Act 2010 and The Gender Recognition…
Our Chartered Legal Executive, Lucy Watson, comments “Discriminating against an employee due to their disability is unlawful, however it does not mean that an employer has to ignore health difficulties when deciding if an employee is fit enough for a particular role. This has been reaffirmed by the Court of Appeal in this latest case…
We participated in Solicitors Chat on Twitter answering questions about why good communication between clients and solicitors is so important. Our Chartered Legal Executive, Lucy Watson, was on hand to provide some much needed guidance. We’ve set out our answers out below. How do you help your clients understand their case when it comes to…
Our Chartered Legal Executive, Lucy Watson, comments “Although not a necessity to have legal representation for an Employment Tribunal hearing, failure to gain legal advice from an early stage could result in your claim being struck out or badly pleaded. In this matter a claimant’s claim was incorrectly struck out by the Employment Tribunal, to…
Mental health is an issue employer’s simply can’t afford to ignore. Almost one in three people have experienced mental health issues while in employment. Statistics show that mental ill-health is the leading cause of sickness absence within the UK, which is costing on average £1,035 per employee per year. The stigma of stress and depression…
When considering allegations of workplace gross misconduct, it is often not enough simply to establish that a forbidden act occurred, without going on to discern the reasons for it and whether those reasons are linked to a disability. A tribunal made that point in finding that a diabetic lorry driver was unfairly dismissed after he…
We participated in Solicitors Chat on Twitter answering questions about social media usage and employment Law, looking at what employers will think about employee posts. Our Trainee Legal Executive, Lucy Watson, was on hand to provide some much needed guidance. We’ve set out our answers out below. When it comes to employees expressing their opinion…
Employers are reminded that new National Living Wage (NLW) and National Minimum Wage (NMW) rates apply from 1 April 2019. These are as follows: The NLW, which applies to those aged 25 and over, will increase from £7.83 to £8.21 per hour; The NMW for 21- to 24-year-olds will increase from £7.38 to £7.70 per…
In a guideline ruling, the Court of Appeal recently found that two care workers were not entitled to be paid the National Minimum Wage (NMW) for time when they were asleep during sleep-in-shifts. Noting that the conflicting authorities had given rise to a need for clarification of the law on the point, the Court found…
We participated in Solicitors Chat yesterday on Twitter answering questions about gender-balance in the workplace and looking at the law around gender equality and discrimination in the workplace. Our Trainee Legal Executive, Lucy Watson, was on hand to provide some much needed guidance. We’ve set out our answers out below. 1. What is The Equality…
The Court of Appeal has given important guidance on the correct interpretation of the Working Time Regulations 1998 (WTR) in ruling that a railway signalman’s rights were not breached by his employer’s failure to afford him a 20-minute uninterrupted break in every six hours he worked. The signalman provided relief cover at a number of…
The Government has published guidance explaining the powers available to Employment Tribunals (ETs). This is based on feedback from users of the service which suggested there was a lack of awareness on this issue. Using case law examples to illustrate how ETs have used the powers at their disposal in the past, the guidance aims…
Workplace disciplinary proceedings are always tense and it is vital to remember that their reasonableness is likely to be examined in detail by Employment Tribunals (ETs) after the event. In a case on point, a carpenter who was sacked after being accused of describing gay people as his pet hate succeeded in unfair wrongful dismissal…
With parts of the UK expecting heavy snowfall over the coming days, employers and employees will be preparing themselves for the potential impact of severe weather conditions. So where do employer’s (and employee’s in return) stand if your employee’s can’t attend work due to adverse weather? Do you have to pay employees if they are…
Whether it is a workplace disciplinary or grievance, or even a redundancy procedure, none are pleasant experiences for either employers or employees. It is therefore understandable that employers may wish to deal with them as quickly as possible and without following their own procedures and policies. However, by doing so may cost employers heavily in…
Not all disabilities are obvious and employers cannot be guilty of discrimination if they are unaware of a worker’s impairment. The point was made by a decision of the Employment Appeal tribunal (EAT) concerning a postal worker who suffered from chronic hypertension. The man’s condition, which was diagnosed four years before he began the relevant…
Workplace disciplinary proceedings are never pleasant and it is understandable that employers may wish to deal with them as swiftly as possible. However, in one case, an engineering company paid heavily for its impatience in refusing to adjourn a hearing so that a worker could be accompanied by a trade union official. The woman was…
Statistical evidence, however striking, is rarely enough to prove discrimination in the workplace. However, the fact that there was not a single non-white manager of a retail chain’s 81 stores in a particular region certainly had a persuasive impact on an Employment Tribunal (ET). Outline of the Case The case concerned a mixed-race man who…
Whether you are an employee or employer, mental health in the workplace affects at least 1 in 6 of us and work is the biggest cause of stress in people’s lives, more so than debt or financial problems. Tayntons Solicitors have put together some top tips for both employees and employers for staying on top…
Busy Courts and Tribunals do not wait on your convenience and a failure to engage in proceedings can result in your claim being struck out without a Hearing. Exactly that happened to one worker who chose to fight his employment case without the benefit of legal advice. Following his dismissal, the man lodged numerous, unfocused,…
It is nearly always unfair to dismiss employees without affording them a right of appeal. The Employment Appeal Tribunal (EAT) made that point in the case of a pizza restaurant employee who was sacked in the mistaken belief that his right to work in the UK had expired. The competent, capable and well-regarded worker was…
The Law requires that commercial contracts are interpreted on the basis of the words actually used and it is illegitimiate to apply hindsight in order to achieve what might be viewed as a fair outcome. In an important decision in an employment case, the Court of Appeal found that a Judge fell into precisely that…
Workers who disclose information in the public interest are entitled to protection as whistle-blowers – but what exactly qualifies as ‘information’ within the meaning of the Employment Rights Act 1996? The Court of Appeal has considered that issue in a guideline case. What happened? A local education authority employee claimed to have suffered detrimental treatment…
Many employees, particularly in the care industry, are required to sleep in overnight at or near their workplaces in order to provide assistance if needed – but are they entitled to receive the National Minimum Wage (NMW) for hours spent in slumber? The Court of Appeal has tackled that issue in a guideline ruling. The…
Two reasons why you should always seek legal advice before launching employment proceedings are; that strict time limits apply and that a failure to properly focused your claims at the outset can results in all or some of them being dismissed without a hearing. A case concerning a Sales Executive who was dismissed shortly after…
Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The case concerned a company that specialised in providing sports-related tours and holidays. Following a breakdown…
If you are facing disciplinary proceedings at work, it makes sense to contact a Lawyer straight away. The point was made by one case in which a Judge came into the aid of a Consultant Psychiatrist who faced accusations of gross misconduct after a young prison inmate hanged himself. The Psychiatrist worked part time at…
Self-employed or worker? There can hardly be a more burning issue in Employment Law and, in upholding a Plumber’s claim that he fell into the latter category, the Supreme court has impose vital restraints on the so called ‘gig economy’. The man was one of a bank of plumbers that provided their services to…
Employers who do not have robust procedures in place for investigating incidents of alleged staff misconduct frequently pay a heavy price. That was certainly so in one case in which a shop manager who was sacked after being unjustifiably accused of theft won more than £20,000 in compensation. The woman was alleged to have taken…
The 2018 Fédération Internationale de Football Association (FIFA) World Cup commences on Thursday 14th June with a match between Russia and Saudi Arabia that kicks off at 4:00pm UK time in the Luzhniki Stadium in Moscow. Employers who have not already done so should ensure they have policies in place to deal with any issues that…
This week is Mental Health Awareness Week (14-20 May), and this year the Mental Health Foundation is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. According to the Foundation, one in four people will experience a mental health problem at some…
Those who suffer unlawful discrimination in the workplace are entitled to be compensated for injury to their feelings and, following an important Court of Appeal decision, such awards will henceforth be tax free. The case concerned a company director, aged in his mid-50s, who claimed that he had been selected for redundancy due to his…
Failing to pay staff the National Minimum Wage stores up serious financial trouble for the future and employers who do not understand the Law will be stung with a longer tail following a Tribunal’s guideline decision. The case concerned a Head Porter, employed by a Property Management company, who had for well over a decade…
April 2018 brings changes to the Tax on Termination Payments Following consultation by the Government from 6 April 2018 changes will come into force in the way termination payments are treated in regards to tax. Payments in lieu of notice (PILON) As it currently stands if you do not have a contractual PILON any payment…
It is hardly surprising that anyone suffering from cancer is deemed to be disabled under the Equality Act 2010 – but what exactly is cancer? The Employment Appeal Tribunal (EAT) considered that issue in an important test case. The case concerned a catering worker who, after noticing a blemish on her cheek, was diagnosed with…
The distinction between employment and self-employment is perennially difficult to draw but, as one case concerning a senior property professional showed, tribunals are used to looking beneath the surface in order to ascertain where control in a relationship really resides. A highly paid Project Manager of major land deals had given in his notice and…
Determining the true reason for an employee’s dismissal is one of the hardest tasks undertaken by Employment Tribunals (ETs). That was certainly so in one case in which a school’s head teacher was accused of having an ulterior motive for dispensing with the services of its veteran maintenance manager. Concerns had been raised that a…
Restrictive covenants in employment contracts involve the imposition of restraints on employees personal freedom and have to be reasonable to be enforceable. In one case, the High Court ruled that a clause in an engineers contract that prevented him from working for competitors for 12 months passed that test. The engineer worked for a company…
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