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Hiring for Growth Free Employment Workshop

Hiring for Growth Free Employment Workshop
Pinney Talfourd are delighted to be presenting at the Hiring for Growth Employment Workshop hosted by Brentwood Borough Council on 14 January 2020.​ Our employment law expert Alex Pearce will be joining the panel to discuss the common legal disputes that employers face and how to effectively protect against them. Disputes and employment t...
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35 Hits

The perils of the Christmas party season for employers

xmas-party
​ In the lead up to December and the party season, it can be easy to get carried away with the merry festivities. At this time of year, employers should take a moment to consider the potential employment law issues and go over existing company policies. Where ever the office Christmas party takes place, the location should always be considered an e...
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  620 Hits
620 Hits

Could my employee bring a clown to a meeting?

Could my employee bring a clown to a meeting?
When copy writer Josh Thompson was called to an ominous-sounding meeting in his New Zealand workplace, he guessed that the result would be redundancy. His firm's HR department encouraged him to arrange a companion to support him through the process.  To the delight of the Internet, Thompson chose to hire a clown to accompany him. Thompson, who...
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  170 Hits
170 Hits

What you can learn from Thomas Cook redundancy process

shutterstock_151214337
Travel giant Thomas Cook ceased trading last month, leaving thousands of staff facing redundancy. However, there have been accusations that Thomas Cook failed to follow the proper redundancy procedures and could face penalties as a result. But do you know the correct procedure? The 178-year-old business went into compulsory liquidation on 23 S...
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  224 Hits
224 Hits

How Thomas Cook employees can seek compensation at Employment Tribunal

How Thomas Cook employees can seek compensation at Employment Tribunal
With the news of Thomas Cook's compulsory liquidation, there has been much focus on how holidaymakers can recoup losses but what about the employees? If you worked at Thomas Cook, you may be entitled to compensation by making a Protective Award Claim. The sun has set on beloved British travel group Thomas Cook and with it went the bright outlook fo...
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  234 Hits
234 Hits

How much holiday pay should a part-year worker get?

How much holiday pay should a part-year worker get?
A common formula for calculating pro-rata holiday pay has been ruled as incorrect by the Court of Appeal, meaning that employers must review their methods and contracts. UNISON intervened in the case, which has wide-ranging impact on British businesses that employ part-year workers. The Court of Appeal last week ruled that a teacher's holiday pay h...
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  481 Hits
481 Hits

NDA update: Government announces new restrictions

NDA update: Government announces new restrictions
After a recent report, the Government has announced new legislation to target misuse of Non-Disclosure Agreements, especially those seeking to "cover up" harassment and discrimination in the workplace. Further to the Women and Equalities Committee's critical report last month on the 'cover-up' culture in some workplaces , the Government has propose...
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326 Hits

Supreme Court Case Sparks Changes to Competition Clauses

Supreme Court Case Sparks Changes to Competition Clauses
The Supreme Court has recently overturned century-old guidance on employee competition clauses when an employee's appeal was reversed after she initially argued that a clause's broad phrasing made the restrictions unenforceable. The case has sparked reviews of restrictive covenants within companies across the UK. What does this mean for employ...
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  218 Hits
218 Hits

“Cover-up culture”: NDA use in discrimination cases called into question

“Cover-up culture”: NDA use in discrimination cases called into question
A report damning the use of non-disclosure agreements in discrimination cases has highlighted a 'cover-up' culture in many workplaces and urges the government to make changes to protect workers. We look at the rules, the possible changes – and how UK employers can minimise impact. The Women and Equalities Committee (WEC) has published a report high...
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  300 Hits
300 Hits

Act, don’t discriminate: how UK employers can navigate positive action

Act, don’t discriminate: how UK employers can navigate positive action
Cheshire Constabulary have a new recruit -- hired after an employment tribunal. The police force was ruled to be discriminatory after rejecting the white, straight male during a diversity drive. How can employers avoid the same fate when taking positive action? We look at the difference between positive action and positive discrimination, and pinpo...
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  313 Hits
313 Hits

Time to take care of business - April Employment Law Update

Time to take care of business - April Employment Law Update
April is a busy month for businesses and employment lawyers alike. A number of employment law changes have come into effect in April that HR Directors and employers need be aware of. Employment Solicitor Alexander Pearce provides a summary of these updates:   Employment Tribunal Compensation Limit Change The limit on the amount of compens...
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  484 Hits
484 Hits

Dismissing an Employee for Blowing the Whistle Could Cost You Millions

Dismissing an Employee for Blowing the Whistle Could Cost You Millions
The law provides protection against victimisation or dismissal for employees or workers reporting wrongdoing by their employers or third parties. It is unlawful for an employer to subject an employee to a detriment such as disciplinary action, loss of work or pay, or damage to career prospects on the ground that they have 'blown the whistle', or in...
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  849 Hits
849 Hits

What can you do if an employee owes you money?

What can You do if an Employee Owes You Money?
An employee can owe their employer money for a number of reasons – for example, if an employee has taken more holiday than they are entitled to, or if they have borrowed money from their employer. Even in cases where an employee has damaged property or stock by carelessness, under the Employment Rights Act 1996 , an employer cannot recover the cost...
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  1444 Hits
1444 Hits

Employment Law - Top Tips for Employers

Employment Law - Top Tips for Employers
​ Employing people seems like a fairly simple process - hire them, then set them to work…but is it really that easy? We round up our top tips for employers when it comes to employment law and legal practices in the workplace. Many employers find the list of employment rights and legal responsibilities intimidating. But conforming to employer's lega...
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  1758 Hits
1758 Hits

Employment Law - Top Tips for Employers - Part Two

Copy of Employment Law - Top Tips for Employers - Part Two
​ Managing a team within the workplace can be a daunting experience - we round up some more of our top tips for employers around appeals, pregnancy and office banter. Many employers are apprehensive when it comes to more 'delicate' issues within the workplace; what exactly should you do when a female member of staff informs you that they're pregnan...
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  1191 Hits
1191 Hits

How sure do you have to be to dismiss for gross misconduct?

How Sure do You have to be to Dismiss for Gross Misconduct?
​ Gross misconduct is defined as behaviour from an employee which is so considered to be so bad that it destroys the relationship between employee and employer. Employers must be aware of the law before heading into this territory – read our FAQs relating to gross misconduct for employers. Where an employee has more than two years' service, they ha...
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  2887 Hits
2887 Hits

Discrimination, Harassment and Victimisation - The Basics

Discrimination, Harassment and Victimisation - The Basics
​ Let's be honest – discrimination, bullying, victimisation and harassment can be portrayed as meaning the same thing – especially in a workplace environment. So what's the difference between each definition? We run through the basics of the legal meanings of discrimination, harassment and victimisation. In the Equality Act 2010, victimisation and ...
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  2893 Hits
2893 Hits

The World Cup at Work - What's Your Game Plan?

The World Cup at Work - What's Your Game Plan?
With the World Cup in Russia in full swing, how can employers manage any disruption and provide flexibility to staff wanting to follow the tournament? Alex Pearce explains. The World Cup is the most prestigious association football tournament in the world, as well as the most widely viewed and followed sporting event in the world, exceeding the Oly...
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  598 Hits
598 Hits

Injury to Feelings and the Working Time Regulations

Working-Time-Regulations
The Court of Appeal has held that compensation for injury to feelings is not available for failing to provide rest breaks under the Working Time Regulations 1998 (‘WTR’).

Pursuant to Regulation 12 (1) of the WTR, workers are entitled to unpaid rest breaks of 20 minutes when working for more than 6 hours per day.

Whilst workers may be required to remain at work or in close proximity to their workplace while taking a rest break, they should not be required to perform any duties.

Where an employer has infringed a worker’s entitlements under the WTR, a worker is able to bring a claim to the Employment Tribunal.  An Employment Tribunal must make a declaration that the worker’s entitlements have been infringed and may make an award of compensation where the complaint is well-founded.

The amount of compensation is such as the Tribunal considers just and equitable in all the circumstances.

Injury to feelings awards have historically been made under discrimination legislation and have also been available in whistleblowing detriment claims. Conversely, compensation for unfair dismissal and breach of contract does not include compensation for injury to feelings.

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  758 Hits
758 Hits

Employment Law Round-Up - New Rates and Limits

National-Living-Wage
It’s that time of year again in which employers have to familiarise themselves with the increases in compensation limits, statutory payments and the National Minimum Wage.

The new rates for 2018/2019 are as follows:

 

Statutory payments for time off work:

Maternity/Adoption pay prescribed rate (max)                                                                                        

£145.18

Paternity pay (max)

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  521 Hits
521 Hits

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