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In a statement, the company confirmed that it had been considering the ban for some time - to bring into line the industry norms, and also in response to uncovering that half of grievance and disciplinary cases over the last two years were related to alcohol.

Other firms such as QBE have previously advised staff not to drink as opposed to an outright ban, leaving it to their managers to decide the most appropriate course of action.

Substance misuse and the law

Under the Health and Safety at Work Act 1974, all employers have a duty to ensure a safe place for work and safe systems of work for their staff.  However, it also looks upon substance misuse which includes both alcohol and drugs (whether prescribed over the counter or controlled substances). Managing substance misuse at a workplace is also likely to engage the Data Protection Act 1998, for example in screening test results for drugs and/or alcohol and HR Records of how the employer have dealt with the worker.  Any results of any alcohol or drug test would amount to sensitive personal data concerning the individuals physical or mental health or condition. 

It is important that an employer has a clear policy in respect of drugs and/or alcohol. The purpose of any such policy is to increase awareness of the effects of alcohol and drugs misuse and to ensure that all staff are aware of their responsibilities regarding alcohol or drugs misuse and related problems. Staff who have an alcohol or drug related problem should be encouraged to seek help at an early stage and staff who have an alcohol or drug related problem affecting the work, are dealt with sympathetically, fairly and consistently.

The employers' stance

It is up to an employer as to whether they take a zero alcohol tolerance approach to the workplace and work-related events, or to limit that to normal working day i.e. the approach taken by Lloyd’s of London.

Tell us about yourself and your role at Pinney Talfourd

What made you decide to make the leap from a paralegal to a solicitor? 

Why did you decide to specialise in Medical Negligence? 

My specialism came from personal experience - a hospital GP misdiagnosed my own mum’s condition. She spent quite a lot of time being poorly but without knowing why, and it wasn’t until her final days that we actually found out what was wrong with her, by which time it was too late. Something could have been done to save her if it was caught early enough.

That feeling of utter helplessness and unnecessary loss is something that I don’t want other people to have to feel.

Sexism in the workplace has been rife in recent news, with MPs demanding that the government look to enforce the law to ban sexist dress rules at work that are discriminatory against women.

The article, published by BBC News touched briefly upon the Equality Act 2010 and the legal standing that women have regarding discriminatory dress rules at work. We look more closely at this legislation to understand what is currently protected under its rule.

The Equality Act 2010 is concerned with discrimination and harassment in respect of the following protected characteristics:

• Age;
• Disability;
• Gender Reassignment;
• Marriage and civil partnerships;
• Pregnancy
• Maternity/paternity;
• Race, religion or belief;
• Sex;
• Sexual orientation.

Under the Equality Act, it is unlawful for an employer to:

• Discriminate directly by treating a job applicant or employee less favourably than others because of sex;

• Discriminate indirectly by applying a provision, criteria or practice that disadvantages job applicants or employees of one sex without objective justification;

• Subject a job applicant or employee to harassment relating to sex, sexual harassment or less favourably treatment because they reject or submit to harassment;

• Victimise a job applicant or employee because they have made or intend to make a sex discrimination complaint under the Equality Act 2010 or because they have taken action or intend to take action in connection with the Act.

Discrimination in employment is generally prohibited, however, there are certain circumstances where an employer may have a defence in respect of an act of discrimination.  For example, there may be an occupational requirement; however, being sexy at work is not a job requirement. 

If you have bought or been given something for Christmas that does not work it is important to know what rights you have.

Most people will have heard of the Sale of Goods Act, which for years has given consumers a right of redress against businesses who sell faulty goods, but few will have heard about a new law introduced in 2015 which strengthens consumer rights.

Nadia Fabri is a litigation solicitor at Pinney Talfourd. Below she explains the increased protection now available to consumers in the UK who purchase goods, services or digital content following the introduction of the Consumer Rights Act 2015.

The Consumer Rights Act

The Consumer Rights Act is designed to ensure that if something you purchase is faulty, not as described, or not suitable for the purpose for which it was intended, you have the right to insist that the business you bought it from does something about it.

Knowing your rights can help you challenge a retailer or supplier who fails to deliver on their promises. This is something that you might need to do at any time of the year but which tends to happen more frequently after Christmas.

Sale of goods

When a business sells you goods you have the right to be provided with goods that are of satisfactory quality, fit for the purpose for which they are intended to be used and as described in any literature or promotional material. If the goods are not of satisfactory quality, fit for purpose or as described, you have the right to do a number of things depending on the circumstances.

You have a short-term right to reject the goods within 30 days of purchasing them if you wish to do so. This is unless the goods you have bought are perishable, such as food, in which case rejection must happen sooner.

Once 30 days have passed you have the right to request that faulty goods, or goods which are not fit for purpose, or do not match their description, are repaired or replaced. If an attempt at repair or a replacement still falls below the expected standard you then have a further right to reject the goods or to ask for a price reduction.

Supply of services

When a business provides you with a service you have the right to receive a service that is provided with reasonable skill and care, which is charged at the rate agreed and which is performed within the time agreed. Where rates of pay or the timeframe for performance have not been agreed you have the right to be charged a reasonable rate and for the service to be provided within a reasonable time.

Where a business has told you certain things about a service or the person who will be providing it, and those things influenced you in your decision to buy the service, you also have the right to hold the business to account if the things you have been told are not delivered on or turn out to be untrue. This is a new right created by the Consumer Rights Act which makes it easier for consumers to seek redress when promises made by businesses are not honoured.

If services are not provided with reasonable skill and care, or fail to deliver on promises made by the business, you have the right to request that the business performs the service again so that it is performed correctly. Depending on the circumstances you may also have the right to claim a price reduction of up to 100 per cent.

Digital content

When a business sells you digital content, such as computer software and computer games or music downloads and films, you have the right to content which is of satisfactory quality, fit for its purpose and as described. If this does not happen you have the right to request repair or replacement unless this would be impossible or too expensive, in which case you have the right to a price reduction. If the digital content supplied has caused damage, either to other digital content or a device that you own, you may also have the right to claim compensation if you can show that the supplier of the digital content failed to exercise reasonable skill and care.

The rights in respect of digital content are new; previously digital content was treated as a general sale of goods contract and consumers did not have such extensive rights of redress when things went wrong.

The average British worker takes 4.4 days’ sickness absence every year and minor illnesses such as coughs and colds are often cited as the reason. However, more days are lost on average to more serious complaints such as back, neck and muscle pain.

High levels of sickness absence can lead to reduced production, low staff morale, increased costs and poor customer service. For small employers in particular, this can be very disruptive.

Sickness absence policy

You should have a sickness absence policy in place so that employees understand what is expected of them. It should set out your arrangements for sick pay and for reporting and managing sickness absence. It will help managers to deal with sickness absence fairly and consistently.

Special considerations where a director is also a shareholder

Where the director being removed is also a shareholder, removal from office will not usually affect their shareholding and voting rights. In small private companies, where a director is often a shareholder, it is advisable to hold negotiations for the purchase of the ex-director’s shares. Alternately, it may be wise to insert a clause into the articles of association that a shareholder who ceases to be a director is deemed to have given the company a transfer notice in respect of his shares.

Removal by ordinary resolution

A director can be removed by an ordinary resolution of a general meeting under section 168 of the Companies Act 2006. The director can be removed before their period of office has expired, regardless of any other agreement to the contrary.

More information 

Although there was much from Chancellor Hammond’s first Autumn statement to offer the business community some festive cheer, there were equally plenty of measures which may not be so warmly received.

A headline grabbing £1.1bn investment into transport networks, including £220m for traffic easing measures on key roads will certainly be welcomed by all those struggling with delays and congestion. Other highlights include an extra £110m funding for rail, and a commitment for new road building in the Oxford to Cambridge corridor. Of particular benefit for the haulage industry, the Chancellor announced a freezing of fuel duty for the seventh consecutive year at a time when a fall in Sterling is already feeding through to higher pump prices.

Meanwhile, the country’s digital infrastructure is set to be enhanced by generous tax allowances on both 5G, the next generation of mobile communications, and a new fibre broadband infrastructure. With business increasingly moving online this move is set to reap rewards across all sectors and keep the UK attractive for overseas investment.

This was an autumn statement which clearly had one eye on the post-Brexit business environment. In view of this, the Chancellor attempted to dampen fears that a significant number of businesses will relocate by underlining the government’s commitment to cut corporation tax from 20% to 17%. It is hoped that keeping business taxation competitive will help the UK be seen as an attractive place for businesses to locate.

But there were also some less business friendly measures. The increase in the national living wage, estimated to be worth £500 to a full time worker, will increase costs for employers. This will have a wide ranging impact, but those sectors most likely to feel the effects range from catering and hospitality, through to the healthcare industry.

We are delighted to welcome two new members to our growing team at Pinney Talfourd; Lee Kirby and Edward Garston.

Edward Garston

Edward joins our Commercial team as a Senior Associate. Edward has considerable corporate and commercial experience and specialises in company acquisitions and disposals, business sales and purchases, commercial agreements, protecting and enforcing intellectual property rights, joint ventures and debt or equity investment arrangements. His experience has been in sectors as diverse as transport and logistics, manufacturing, care services, software and IT businesses and support services.

Having originally worked in the financial markets, Edward’s niche expertise is lending arrangements. His background offers him a unique advantage within corporate finance transactions and he is regularly instructed by banks, financial institutions and private and subordinate lenders.

Edward’s experience and expertise adds further weight and depth to our Commercial team.

Lee Kirby

Lee joins us as our Practice Director, tasked with developing the efficiency and effectiveness of our lawyers and working environment to maximise our abilities to deliver excellent client service and cost effective advice to our clients.

From April 2017 employees participating in salary sacrifice schemes, in which an employee gives up part of their salary for a non-cash benefit with both the company and worker paying less tax, will be abolished. Most medium and large organisation offer salary sacrifice schemes, which may include gym memberships and mobile phone deals. This is likely to affect lower paid workers the most. Child care, ultra-low emission cars and cycling to work will not be affected. There is some limited comfort with any arrangement in place before April 2017 being protected until April 2018.

Mr Hammond also announced changes to the income tax threshold, which will increase to £11,500 in April 2017. The government will increase the higher rate income tax threshold to £50,000 by the end of the Parliament.

The National Living Wage to rise will increase from £7.20 an hour to £7.50 from April 2017.

Employer and employer NI thresholds will be equalised at £157 per week from April 2017.

Employers are advised to contact their accountant to discuss how these changes will affect their business in advance of the changes. You are also advised to speak to your employment lawyer regarding updates to employment contracts to reflect any changes to salary sacrifice schemes.

The much publicised case of Ashleigh Harris who has been awarded in excess of £3 million pounds following paralysis after being thrown from her boyfriends family horse ‘Polly Perks’, has caused debate and concern from riders, horse owners and yard owners alike over the possible flood gate effect following this litigation. 

An estimated £4billion pounds per year is spent on horses in Great Britain, with over four million people riding each year, as such, there will inevitably be some accidents.

There is, however, a great deal of confusion over the difference between a genuine accident, occurring through no fault of anyone and an accident arising from exposure by another person to an obvious risk of harm.

Burden of proof of the Claimant:

Ultimately, for any case (equine or not) to be successful, it is for the Claimant to prove, on the balance of probabilities, that;

1. The Defendant was negligent
2. The negligence caused the accident
3. The accident resulted in injury and loss.

Each case turns on its own facts and it is therefore important to seek advice from a solicitor, whether you wish to bring a claim or defend a claim being made against you.