Category Archive: Employment

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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Don’t Launch Employment Proceedings Without Legal Advice

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…

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Employee Disloyalty- A Well Drafted Contract Makes All the Difference!

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…

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Facing disciplinary Proceedings at Work? Consult a Lawyer Today!

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…

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Self-Employed or Worker? – Supreme Court Lays Down the Law

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…

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