Maternity leave returns – tricky legal issues An employee’s return to work following their maternity leave can be really positive.  Many women are keen to get back to work (and to drink a cup of coffee uninterrupted!).  Their employer may be grateful for their return too – they’re getting that knowledgeable individual back, the team…
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If you found my first blog on the IR35 reforms helpful, let me share with you contenders 4, 5 and 6 in my ‘most irksome’ list. Number 4 most irksome At number 4 is the fact that when assessing the IR35 question for any contractor you have to work out the ‘hypothetical’ contract that could…
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In our second blog on pregnancy and maternity discrimination, I’m looking at the area of effective communication during maternity leave. In the words of Spandau Ballet, ‘communication let me down, and I’m left here.’  We all know the point of good communication with your employees and it is something that we employment lawyers have been banging on…
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Many of you know that Employment Tribunals are on the increase.  You may not be aware though that one of the largest rises in Employment Tribunal claims comes from pregnancy/maternity dismissal and detriment cases. In the period Oct – Dec 2018 these types of claim had risen 56% (on the same quarter in 2017) and…
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What are the 10 most irksome things about the forthcoming IR35 reforms?  When it comes to preparing for the IR35 reforms in the private and charity sectors next April, the prize for the greatest hassle has several contenders.  Allow me to introduce you to 10 of them over this and a few further blogs. I…
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It is probable that the recent ECJ decision in the case of Federacion de Servicios de Comisiones Obreras v Deutsche Bank may have passed you by.  ‘Record keeping’ and ‘working time’ are hardly terms that put fire in our bellies!   However, this case has shone a light on a small but important section of workers’ working…
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I read the recent furore over United Airlines sacking their staff with mixed feelings and a grim smile. I’ve come across a few cases in the past of staff “selling on” their benefits.  Sometimes they are more than aware that they are committing an offence, but on other occasions it’s not so obvious to them. …
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At our recent Employment Law Update event, I led a slot on ‘menopause in the workplace’. I have been developing a keen interest in this over the last year and I wanted to share some good practice ideas. I also feel compelled to continue to write about menopause after seeing some rather scary (but not…
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In part 1 of our blog, Tamsin James looked at Gross Misconduct from the perspective of the employee.  Here in part 2, Luke Menzies responds from the employer’s viewpoint and provides useful guidance on how to avoid a costly unfair dismissal claim. Luke Menzies: Gross misconduct from an employer’s perspective Rather like a Supreme Court judge, I…
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As a ‘niche’ employment law firm, Menzies Law has seen enough gross misconduct cases to know that matters are not always clear-cut.  With a team of lawyers who represent employers and employee clients (but never from the same place, of course!) we have also seen gross misconduct from both sides. Our experience has shown that…
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