Insightful blogs on employment law, immigration, and workplace HR matters. Stay informed, compliant, and create a thriving work environment.
A recent change in UK employment law has brought important updates about how employers must handle sexual harassment at work. Let’s break down what this means for you as an employer. What is the Preventative Duty? As an employer, you now have a clear legal duty to take steps to prevent sexual harassment in your […]
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In the case of Ramphal v Department for Transport UKEAT/0352/14, the Employment Appeal Tribunal (EAT) considered whether a disciplinary investigation that had been heavily influenced by HR resulted in an employee’s subsequent dismissal being rendered unfair. The EAT allowed an appeal against the decision of an employment judge that an employee had been fairly dismissed in […]
Constructive unfair dismissal and actual unfair dismissal are often confused and misinterpreted. Whether an employee has been constructively unfairly dismissed or unfairly dismissed very much depends on whether they have resigned as a result of a fundamental breach of the employment contract or whether the employee’s employment contract has been terminated by their employer. Unfair dismissal […]
The office party can be an employment law minefield. Problems range from employees drinking too much to instances of misconduct and harassment. And the consequences can be far more serious than just a sore head and a few embarrassing pictures. The most likely claim to arise as a result of a Christmas party is, sadly, […]
What is PILON? PILON (payment in lieu of notice) is a payment made to an employee when employment is terminated without requiring the employee to work their notice. Instead the employee is paid a “lump sum” representing the salary they would have received during the notice period. Why do employers make PILON payments? By making […]
The employment tribunal (ET) held that the Claimant invented the allegations in face of the disciplinary allegations. However, he had been subjected to less favourable treatment on the grounds of this race. In particular, his allegations were not investigated whereas his manager’s allegations were. His employer could not offer an adequate explanation for this. The […]
It is rare for a week to go by without Uber, the billion-dollar taxi-hire app, being in the news. This week alone, stories have poured in from all over the globe detailing the various controversies and complaints brought against this start-up giant. Taxi drivers are suing New York City, blaming Uber for ruining their business; […]
Recently an individual was sentenced to 26 weeks’ imprisonment and was ordered to pay £1,300 compensation to 2 victims at Westminster Magistrates’ Court, having pleaded guilty to providing unregulated immigration advice. The deputy Immigration Services Commissioner, Ian Leigh, said: “Illegally providing immigration advice is a serious offence, and the sentence handed down today reflects this. […]
This has been an ongoing issue for many months and it is not surprising that many employers are unsure whether or not they should include commission when calculating holiday pay now. In the previous newsletters, we have kept you up to date with the case of Lock and Ors v British Gas Trading Limited, where […]
Settlement Agreements are used where an employee and employer want to come to an amicable solution and avoid Tribunal proceedings. On 24 July 2015, the government launched a consultation on simplifying the tax and NICs treatment of termination payments. Proposals include: removing distinctions between types of payment i.e. a PILON payment would also attract tax-free […]
Of course, while some firms like to grow and imagine themselves becoming as big as possible, other firms will focus on minimising their risks and ensuring that they don’t move backwards. Businesses are like people, they have different personalities, different outlooks and different aims. However, no matter whether your business aim is to grow or […]
