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…
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