The question can sometimes arise as to whether an employee is disabled. This occurs often when the employee has a condition which is debilitating, but the employer argues that it is not “long-term” (this being a necessary feature of a condition if it is to be classed as a disability)....

With the year end also being the end of the holiday year for many employers, a case from the Europe Court of Justice about the ability carry over untaken holiday from one year to the next is rather timely.    The purpose of annual leave is to allow workers to...

This morning, I had the good fortune to hear an interview on the radio with the National Guardian for the NHS, Henrietta Hughes. She was there to talk about her role, which involves ensuring that NHS staff feel free to expose wrongdoing, and she is concerned that gagging orders within...

Following our brief update in July this year after the decision in Mencap v Tomlinson-Blake, we have had numerous enquiries from employers who engage sleep-in workers asking us to confirm that they are now off the hook in terms of paying national minimum wage to their sleep-in workers for the...

Sherbornes Solicitors, the Cheltenham based Business Law specialists have strengthened their team with the appointment of William Stebbings as Head of the Commercial Department and GDPR Champion.  William has over 30 years’ experience of Commercial Law having advised the boards at household name companies such as Spirax Sarco and Bulmers...

The Appeal Tribunal has handed down judgment in a case that may shock some employers.   An employee handed in her notice within the admin department of an NHS Trust because she had been offered a job elsewhere in the Trust. The notice said “Please accept one months notice from...

An employer, in this case a company supplying security guards, has found retrospectively that a zero hours worker was entitled to parity in terms and conditions with those staff employed directly by the end user.   In this case, a security company provided a guard to an end user, on...

It is likely that you will have seen or heard that the Government published guidance on how to prepare for a no deal Brexit. With a large amount of employment law stemming from Europe, what rights will remain and what will change with Brexit is a concern for many businesses....

Having a nice summer break? Looking forward to getting back to the office and getting on with the things that really matter…… like GDPR….. But wait a minute, that was so last May’s problem, right? We have our policies in place – what could go wrong, right?? RIGHT??? WRONG! For...

There have been a lot of cases over the past year or so looking at what amounts to working time. This is important as where time is “working time” the national minimum wage is payable. In May last year, we reported an EAT case where it was decided that sleep-in...