Author Archives for Fiona Wilkinson
Government reforms (1): April Changes – Are you ready?
March 16, 2022 8:00 am Comments Off on Government reforms (1): April Changes – Are you ready?1 April 2022 Increase in National Living and Minimum Wage The new rates are as follows: Age 23 plus: National Living Wage increase from £8.91 to £9.50 per hour; Age 21 to 23 (inclusive): increase from £8.36 to £9.18 per... Read more
Government reforms (2): Compulsory vaccines – to be cancelled
March 16, 2022 8:00 am Comments Off on Government reforms (2): Compulsory vaccines – to be cancelledWhat do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated... Read more
Case update (3): Vicarious liability
March 16, 2022 8:00 am Comments Off on Case update (3): Vicarious liabilityWhat do we already know? We updated you in our December 2020 Newsletter Case update (2): Employer’s liability – the tribunal finds nothing to laugh about in an employee’s practical joke that the High Court in Chell v Tarmac Cement and Lime Ltd found that an employer was not liable for an employee’s practical joke that caused another... Read more
Case update (2): Vexatious grievances and unfair dismissal
March 16, 2022 8:00 am Comments Off on Case update (2): Vexatious grievances and unfair dismissalSummary: Was a dismissal for gross misconduct relating to the raising of vexatious grievances which the employee refused to either pursue or withdraw, fair? Yes, says the EAT in Hope v British Medical Association, available here . Background: If an employee... Read more
Case update (4): Discrimination and time limits
March 16, 2022 8:00 am Comments Off on Case update (4): Discrimination and time limitsSummary: Can a tribunal extend time in a discrimination claim where the employees have waited to issue proceedings while pursuing grievances? Yes, held the EAT in Wells Cathedral v Souter (available here ) but not always. Background: A discrimination claim must... Read more
Case update (1): Holiday pay
March 16, 2022 8:00 am Comments Off on Case update (1): Holiday payWhat do we already know? We updated you in our 2021 Newsletter Issue 3 Case update (4): No carry over for taken unpaid leave on the EAT’s decision in Smith v Pimlico Plumbers that claims for unpaid holiday had to be brought within three months of when the holiday should... Read more
Case update (1): Worker status and substitution
December 22, 2021 8:00 am Comments Off on Case update (1): Worker status and substitutionSummary: Does a courier’s ability to use an app to release their time-slot to other couriers (from the same company) provide sufficient right of substitution to defeat a claim to worker status? No, says the Court of Appeal in Stuart... Read more
Case update (3): Disability discrimination and the menopause
December 20, 2021 8:00 am Comments Off on Case update (3): Disability discrimination and the menopauseWhat do we already know? We have previously discussed legal issues surrounding the menopause and the workplace (see here ). In Anne-Marie Boyle’s blog Menopause – the last workplace taboo? Part 2 she highlighted disability discrimination as a particular risk and that staff with strong menopausal symptoms could well... Read more
Case update (5): Unfair dismissal – Who’s in the know?
December 20, 2021 8:00 am Comments Off on Case update (5): Unfair dismissal – Who’s in the know?What do we already know? We updated you in our December 2019 Newsletter here on the Supreme Court decision in Royal Mail v Jhuti. The Court decided that tribunals have a duty to look beyond a dismissing manager’s reason for dismissal... Read more
Government reforms (5): ACAS Guidance – Fire and rehire
December 20, 2021 8:00 am Comments Off on Government reforms (5): ACAS Guidance – Fire and rehireWhat do we already know? The practice of fire and rehire (also known as ‘dismissal and re-engagement’) is a way in which an employer can change terms within employees’ contracts of employment by giving notice to terminate and offering re-employment... Read more
Government reforms (4): Compulsory vaccinations – Healthcare
December 20, 2021 8:00 am Comments Off on Government reforms (4): Compulsory vaccinations – HealthcareWhat do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19... Read more
