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Was it constructive dismissal or were you a victim of ‘quiet firing’? In the range of issues that can lead to an Employment Tribunal claim, constructive dismissals are some of the most difficult to run to a successful conclusion. The onus falls on the claimant (you) to show that you had literally no other choice … Read more
Employers will face challenges from staff over ‘no jab no job’ vaccine policies. Following the removal of lockdown restrictions this time last month, many employers are struggling with the legal minefield surrounding vaccination policies in bringing staff safely back to the workplace. When restrictions were lifted, the government left the onus on employers to carry … Read more
Menopause related claims increasing. Judging by the increase in Employment Tribunal cases citing the menopause as the cause of complaint, the answer seems to be a resounding yes. Between 2018 and 2020 the number of claimants making reference to the menopause at tribunal tripled, with this year’s statistics looking at continuing on an upward trajectory. … Read more
Mandatory COVID-19 vaccinations. Whilst it has become common practice for employers to include ‘no jab, no job’ clauses in their employment contracts for new employees, mandating compulsory COVID-19 vaccinations for existing frontline care home staff could cause significant problems for employers in the sector. Already open to potential legal challenges of detrimental treatment or discrimination, … Read more
New Employment Rights Act order provides additional health and safety protection to workers. As of the 31st of May 2021 workers will now benefit from additional health and safety protection that previously only applied to employees, thanks to an amendment to the Employment Rights Act 1996. Under the Employment Rights Act 1996 (Protection from Detriment … Read more
New rates apply from 1st April 2021. Millions of the lowest paid workers across the UK are set to benefit from an uplift in the National Minimum Wage and National Living Wage. Not only could this equate to an extra £345 per year for those in full time employment, but this year’s adjustments increasingly favour … Read more
Tom Street’s 10 point Employee Guide to Continuity of Employment/Length of Service UPDATED May 2020 How long you’ve worked for your employer (continuity of employment) is quite a fundamental point when it comes to the application of employment law. For example, you only gain certain statutory rights if you have been employed for a particular … Read more
The quarterly tribunal statistics published on 8 March 2018, for the period from October to December 2017 showed that: The number of single claims received at the Employment Tribunals increased by 90%, which was the highest since the introduction of the fee regimen The number of multiple claims received at the Tribunals increased by almost … Read more
The Supreme Court has recently held that ‘unfavourable’ treatment is different from ‘detriment,’ especially in claims for discrimination arising from a disability. This, in turn, stirred a new discussion about what is the correct definition of ‘unfavourable’ treatment, when it comes to disability discrimination. In the Williams v Trustees of Swansea University Pension … Read more
In 2018 the outcome of a range of UK employment law cases may have long term implications for whistle-blowers and their employers. Employees can be held liable personally for dismissal and other detriment According to the Court of Appeal in the case of Timis and Sage vs Osipov, the personal liability of … Read more