Employment and Company & Commercial Law Updates
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Employers can take guidance from a Court of Appeal decision which says clearly that employers can consider all of the circumstances surrounding an illness, and not be confined to incomplete occupational health reports. The case puts the emphasis on the employer making their own enquiries. Read More
After a number of successful fundraising events earlier in the year, for our final activity we decided to join forces with PinPoint Media and Gloucester Rugby to raise awareness about Bettridge School, a community special school based in Cheltenham. Darren Sherborne, director at Sherbornes, said “We have a long-standing relationship with the Club, we have been sponsors for some time and we are their solicitor. We knew we could count on them for their support.” Read More
The European Court of Justice handed down a judgment on 30th November that might have wide ranging implications for employers and must be understood, if only to assess the risk posed to any business. Read More
Employers who have failed to pay workers the minimum wage face being served with a Notice of Underpayment which can require them to not only pay the arrears to the worker/workers but also pay a fine and be publicly named. Read More
An employer is under an obligation to satisfy itself of an employee’s right to work, and the fines for failing to do this can be substantial. In a case in the Appeal tribunals, a case has been examined where an employer wrongly required evidence of the right to work of a Jamaican employee (who is not subject to immigration control). Read More
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they cannot admit to having looked at an employee’s emails. Read More
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More
Last year, the courts decided that if overtime was compulsory, it should be included in the amount of a week’s pay for the purpose of holiday pay calculation. Now, the courts have progressed this by ruling that voluntary overtime needs to be included in the calculation, particularly when it is worked regularly. Read More
Employees will no longer have to pay to start a claim in Tribunal after the Supreme Court unanimously quashed the fees regime introduced by the government in 2013.
Fees for Tribunals have deterred a great many claims in Tribunal, not only for unpaid wages but for discrimination and unfair dismissal as well. Tribunal applications dropped 70% after fees were introduced, and most lawyers agreed that an unpaid wages claim for say £150 would be futile with the Tribunal fee being more than the amount in question. Read More