Category Archive: Employment

Mental Health Awareness in the Workplace

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…

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Gross Misconduct – A Forbidden Act May Not Be Enough to Justify Dismissal

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…

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Social Media Usage and Employment Law Q&A

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…

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Government starts to crack down on use of Non-Disclosure Agreements

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…

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National Minimum Wage Rates Increase

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…

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Government Updates Guidance on Sleeping Time and the National Minimum Wage

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…

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Gender equality in the workplace Q&A

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…

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Court of Appeal Guidance Update – Working Time Regulations 1998

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…

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New guidance for Employment Tribunals

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…

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Employers – How Reasonable are Your Disciplinary Processes?

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…

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