Category Archive: Employment

If You Think You May Be Disabled, Don’t Forget To Tell Your Employer!

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…

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How to prevent Christmas party fallout for Employers

Nobody wants to be a Scrooge at Christmas, but as an employer you need to be aware of the risk of unpleasant incidents occurring and take preventative steps to stop you suffering a hangover and the risk of Employment Tribunals long after the festive period has ended. Employees may not be aware or understand that…

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Employer Pays Heavily for Over-Hasty Disciplinary Process

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…

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Statistics May Not Prove Discrimination, But They Can Be Persuasive

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…

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Mental Health Awareness in the Workplace

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…

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Legal Advice Essential if You Want to Win Your Employment Case

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,…

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Dismissal without a Right of Appeal is Almost Always Unfair

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…

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Interpreting Contracts – It is Express Terms that Matter, not Hindsight!

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…

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Whistleblowing – Information or Allegation? Guideline Ruling

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…

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Can you be working when you’re asleep? Court of Appeal Says No!

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…

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