The landscape of employment law is undergoing its most significant transformation in decades. With the introduction of the Employment Rights Act 2025, businesses across England and Wales face a raft of new obligations that fundamentally alter the employer-employee relationship. For business owners and HR personal, staying ahead of these developments is not optional it is…
A Guide for Employees If your employment is coming to an end whether through standard termination or voluntary redundancy you may be offered a settlement agreement. This legal document provides a way to resolve matters efficiently, but understanding the process is essential for protecting your interests as such documents contain a plethora of important legal…
There have been significant strides towards achieving equality in the workplace. However, discrimination, particularly sex discrimination, continues to be a pressing issue. Recognising the need for more stringent measures, new legislation will be introduced after the 26th of October 2024, mandating employers to take proactive steps in combating workplace discrimination. This article aims to shed…
Why the Change Matters Labour has outlined an ambitious agenda to strengthen workers’ rights and enhance job security. While these changes aim to create a more equitable workplace, they also introduce complexities for employers. New regulations may include stricter dismissal procedures, enhanced employee protections, and greater scrutiny of employment practices. For businesses, this means adapting…
Unfortunately, redundancy and potentially settlement agreements are the only logical steps that can be taken when times are tough. A study issued by Acas in 2023 indicated that 3 in 10 employers were likely to make staff redundant over the course of the year, highlighting the difficulties many businesses are currently facing. It goes without…
The government has recently said it may be considering a ‘crackdown’ on sick notes for employees, in an effort to boost the economy. This would effectively involve GPs across the country being told to sign off fewer people from work on the basis of illness. In this article, we will cover: When do you need…
A settlement agreement is a legally binding agreement between employer and employee that sets out the terms on which they will end an employment contract. If you have been offered a settlement agreement by your employer, you are required by law to take independent advice on its terms, to ensure that you understand the implications…
With widespread economic uncertainty and potentially difficult times ahead, commercial legal expert Jaron Crooknorth and disputes expert Alex Lyttle look at how to make sure your business is in the best possible shape to weather approaching storms. Jaron and Alex are both partners at Gloucester law firm Tayntons, where they head up the Commercial and…
Employees have a range of employment rights in respect of issues such as unfair dismissal, unpaid wages, notice pay and holiday pay. When a dispute arises, it can be crucial to define whether an individual is an employee or not. Many directors are also shareholders and work for the company. They split their earnings between…
As an employer, you are required to consider an employee’s request for flexible working reasonably. If you want to decline the request, then you need to give a valid business reason for doing so. When dealing with a request, you should follow the ACAS Code of Practice. Receiving a flexible working request If an employee…
If you are thinking about making an employee redundant, it is vital to follow the correct procedure to avoid the risk of an Employment Tribunal Claim. This article takes a look at the steps you need to follow to comply with employment legislation if you are making up to 20 employees redundant. The redundancy process…
With an end to COVID-19 restrictions finally in sight, employers are gearing themselves up to welcoming their staff back to the workplace. For most of your workers, it will be a welcome return to the old routine of working in a shared space, interacting with colleagues and experiencing a proper division between the workplace and…
Coronavirus Job Retention Scheme As the nation once again adjusts to a second national lockdown, the Chancellor, Rishi Sunak, has announced a five-month extension of the coronavirus job retention scheme (CJRS) from 31 October to 31 March. The CJRS more commonly known as the furlough scheme required employers to contribute from 1 August 2020. From…
By now I am sure your families and you have developed a new if slightly surreal daily routine of working from home and homeschooling (also known as riot police training) the kids. Some parts of Europe have eased their lockdown restrictions and though in the UK the government have announced another 3 weeks of lockdown…
The stark reality is that despite all the steps the Government are taking, unfortunately a number of companies will find themselves under severe difficulty and pressure over the forthcoming months. The Government has acknowledged this and put several emergency measures in place. The measures that have been announced will allow firms to continue trading, in…
Furlough Leave, a phrase which you have possibly never heard of but has an increased significance to both employers and employees. So, what do we know about it so far? Apart from the announcement by the Chancellor, at the minute very little is known about how the new “Coronavirus Retention Scheme” or “Furlough Leave”, as…
The Court of Appeal made clear in upholding a substantial damages award whose hearing was mildly impaired that those with medical conditions or incapacities are not so serious as to amount to disabilities can win compensation if they suffer discrimination in the workplace. The Court of Appeal made that clear in upholding a substantial damages…
There is a risk that well-meaning or light-hearted marketing or advertising campaigns inadvertently stray into the realms of discrimination. A brewery fell into that trap when it marketed a cut-price beer only to those who identified as women in a satirical attempt to highlight the gender pay gap. What Happened? A customer issued proceedings against…
Businesses in which women are under-represented in senior roles invite speculation that the imbalance results from discriminatory sexual stereotyping. A case in the context of the banking sector highlights, Employment Tribunals (ETs) are required to base their decisions not on perception but hard evidence. Outline of the case The case concerned a female vice-president who…
Those intent on changing jobs can easily have their heads turned by glittering offers of remuneration and benefits made over lunch and a handshake. As one case strikingly highlights, it is written terms of engagement that matter. Taking expert advice is the best way to avoid bitter disappointment. What happened? The case concerned two very…
With the current economic uncertainty, the number of Settlement Agreements (previously Compromise Agreements) being offered to employees has greatly increased. They are typically used in redundancy situations. It is a document that many of us have heard of but what is it and what does it do? In essence, it is a legally binding contract,…
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…
As your company grows, so does the risk to it if you are not completely up-to-date with your HR and legal needs. Leaving things to chance, or expecting what you have always done to suit the needs of an expanding business is dangerous. Failing to prepare for all eventualities, will mean your business will prepare…
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…
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…
The Government are attempting to crack down on the use of non-disclosure agreements (NDA) and confidentiality clauses by employers to cover incidents in the workplace including incidents of sexual or racial harassment, by issuing a consultation document on ways to tighten up the rules. The consultation is due to close on 29th April 2019. Tayntons…
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…
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…
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…
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