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Newsletter: March 2023

Welcome to the March edition of the AdviserPlus newsletter. In this month’s newsletter we are highlighting the key increases in both statutory payments and national living wages as well as the changes to the compensation limits awarded by Employment Tribunal. We will also be looking at the gender pay gap reporting requirements, how as an organisation you can support colleagues who are observing the Holy month of Ramadan and answer…
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Newsletter: February 2023

Welcome all to the February edition of the AdviserPlus newsletter. This month’s newsletter highlights some of the key legislative developments around neonatal care and Family-friendly leave and the statutory change that employer’s need to be aware of. There’s new legislation about sexual harassment in the workplace and steps to be put in place to protect employees in the workplace. In addition to this, new legislations regarding data privacy guidance, resignation…
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Newsletter: January 2023

Welcome all to the January edition of the AdviserPlus newsletter. In this month’s newsletter we will highlight some of the key legislative developments that are expected to take effect, or to have a lot of movement, within 2023. The trend at the moment is around creating a better work-life balance for employees and ensuring that employees are treated fairly in unexpected situations. The legislation we will look at includes The…
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Newsletter: November 2022

Welcome all to the November edition of the AdviserPlus newsletter. This month’s newsletter we will look at legislative developments around upcoming flexible working changes, and the extension of bans on exclusivity clauses coming into force. We will also explore some recent case law, looking at how a Provision, Criterion or Practice (PCP) was considered in a redundancy selection, in the ruling in the Hilaire v Luton Borough Council case. Finally, there are some…
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Newsletter: October 2022

Welcome to the October edition of the AdviserPlus newsletter. In this month’s newsletter we highlight some of the key legislative developments around retained EU law and the Revocation and Reform Bill, as well as the repeal of the IR35 legislation. We also explore some recent case law, including in more detail the ruling in the USDAW & Others vs Tesco Stores Ltd case, which has provided significant precedent regarding ‘fire…
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Newsletter: August 2022

Welcome to the August edition of the AdviserPlus newsletter. In this month’s newsletter we highlight some of the key legislative developments around neo-natal care, strike action as well as the proposed bill by Government for paid leave following miscarriage. We also explore in more detail the recently published House of Commons Women and Equalities Committee (WEC) report titled ‘Menopause and the workplace’, take at look at some recent case law…
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Newsletter: July 2022

Welcome to the July edition of the AdviserPlus newsletter. This month’s newsletter will be looking at a further update to the ‘fire and re-hire’ debate and some other interesting cases coming out of the tribunals including; how individuals holding gender-critical beliefs may be protected under the Equality Act 2010 and how holiday pay for term-time workers should not be calculated as 12.07% of their annual earnings. We will also take…
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Newsletter: June 2022

Welcome to the June edition of the AdviserPlus newsletter. In this month’s newsletter we will be looking at some of the debates affecting employment legislation that have been taking place in Parliament including the debate about firing and then re-hiring employees on different terms and conditions and how the government is responding to the increased number of Union strikes which are currently impacting the nation and look set to impact…
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Newsletter: May 2022

Welcome to the May edition of the AdviserPlus newsletter. In this month’s newsletter we will be looking ahead to the Queen’s Platinum Jubilee and the potential issues for employers with regard to the additional bank holiday. We will also examine what the Queen’s speech, that was delivered this month, means for the long-awaited Employment Bill, as it was widely anticipated to be the moment when the Government finally announced its…
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Newsletter: April 2022

Welcome to the April edition of the AdviserPlus newsletter. In this month’s newsletter we will looking at some of the key tasks required for employers following the employment law developments in April 2022. These changes include rises in national minimum wage rates, increases to statutory redundancy pay and maternity pay and the end of HMRC’s IR35 enforcement ‘grace period’. We will take a look at some of the new schemes…

Newsletter Archive

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Newsletter: May 2020

May newsletter Welcome all to the May edition of the AdviserPlus newsletter. Coronavirus continues to be the key topic of discussion and consideration for HR professionals and today we will look at two key areas, supporting keyworkers if your business is open and reducing your workforce if your business is remaining closed following the government announcement on 16 April or your operation has been affected by Coronavirus. Reducing your workforce…
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Newsletter: April 2020

April Newsletter Welcome all to the April edition of the AdviserPlus newsletter. The clocks have gone forward, and we are officially in British Summer Time, but I think we can all agree, as HR professionals we have never faced a more challenging time. In today’s newsletter, not surprisingly we will be focusing on the impact of Coronavirus and will build on the 5 important tips for your business we covered…
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Newsletter: March 2020

Welcome all to the March edition of the AdviserPlus newsletter. In this month’s newsletter we will be focussing on three important areas for your business to consider: How to tackle Coronavirus The Good Work Plan, which is dubbed the biggest recent shakeup of UK employment law and sees the first changes introduced next month, and; The Parental Bereavement (Leave and Pay) Act 2018, which comes into force on 6 April…
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Newsletter: Sunshine Hotel v Goddard: Unfair dismissal: Investigation meeting

Sunshine Hotel v Goddard: Unfair dismissal: Investigation meeting  The Employment Appeal Tribunal (EAT) has held that there can be circumstances where, when considering misconduct, a separate investigatory and disciplinary hearing is not required. In this case, the tribunal considered if the organisation, had conducted a ‘proper investigation’ into the claimants conduct and ultimately concluded they had not done. This was because there was no investigation meeting; the claimant had been invited…
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Newsletter: Ikejiuba v WM Morrisons Supermarkets Plc – Unfair Dismissal: Sunday Working 

Ikejiuba v WM Morrisons Supermarkets Plc – Unfair Dismissal: Sunday Working  The Employment Appeal Tribunal (EAT) has ruled that an employee whose job offer was retracted when they refused to work Sunday hours was not automatically unfairly dismissed. Although the tribunal upheld his claim for breach of contract, they dismissed his claim of automatic unfair dismissal. In forming their decision, the tribunal considered the evidence presented to them. They found that,…
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Newsletter: Indirect Discrimination – Employment Tribunal rules that Part-time Employee was unfairly dismissed as job role turned into full time position

ET rules in favour of claimant as business fails to provide valid business reasons for change in job role  The Sheffield Employment Tribunal has found that Capita Customer Management Services has indirectly discriminated against a part time employee when they failed to provide evidence when restructuring her job role to a full time position. In September 2017 the claimant submitted a flexible working as a result of the difficulty she…
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Newsletter: Direct Race Discrimination – Employee awarded over £12,000 after employer fails to enrol him on development course

Failure to enrol employee on training course and a requirement to work eery weekend leads to ET claim  The Claimant, who describes himself as Black African, successfully brought a claim in the Employment Tribunal of unlawful direct race discrimination. The claim arose from the Respondent’s failure to enrol him on a course that would have developed him professionally, and the fact that the Respondent required him to work every weekend.…
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Newsletter: Gay Head Teacher wins constructive dismissal case

Judge dismisses a Welsh Primary School’s Appeal in relation to gay Head Teacher who had won his claim for constructive dismissal Mr Aplin, an openly gay headteacher at a primary school who had sex with two 17-year-olds he met through the dating app Grindr. Mr Aplin claimed that he believed they were older. The police and the local authority’s social services department where made aware of the matter and Professional…
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Newsletter: Maternity leave Discrimination – Employer refuses to increase pay of employee until she returned from maternity leave

Former Apprentice succeeds in multiple claims at ET which leads to compensation in excess of £24,000 In early 2017 the Mrs Amin was informed by her employer that once she completed her apprenticeship, she would be given a new contract of employment and an as a result her salary would be increased.  In June 2017 the Mrs Amin informed the employer that she was pregnant and completed her apprenticeship course…
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Newsletter: Unfair Dismissal – SME fails to follow fair dismissal process resulting in Employment Tribunal

Hairdressing Salon Owner failed to follow fair process resulting in unfair dismissal claim at Employment Tribunal. The Claimant, Mrs Lovelady was a beauty therapist who worked for Mrs Fowler, the Respondent. She was employed from 23 March 2016 and had a period of maternity leave from February 2018 to November 2018. Mrs Fowler was a small employer and did not have any formal policies and procedures in place to address…
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Newsletter: Disability Discrimination – Recognising the risks when dismissing employees who are classified disabled

Information brought at the appeal stage of dismissal still forms part of the dismissal process The EAT has held that, in relation to a claim of discrimination arising from disability relating to dismissal, it was necessary to consider whether an employer had actual or constructive knowledge of an employee’s disability at the time of the appeal against dismissal, not just at the time the decision was taken to dismiss. In this…
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Newsletter: Employee suffers fatal injury on his first day in new job at repair company

Employee losses his life on first day of job following failings which could have been avoided. Only hours after starting his new job at the vehicle and recovery company new starter John suffered fatal crush injuries during maintenance work resulting in the business being sentenced. In November 2014 Birmingham Magistrates’ Court heard that Albert Road Recovery and Repair Limited employee John Glenn was fatally injured when a rigid vehicle fell…
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Newsletter: Direct Pregnancy Discrimination – Employer directly discriminated female employer after she disclosed pregnancy. 

Female shift worker is discriminated when employer stops offering shifts as a result of her pregnancy The claimant was a student working at a pub part-time, on casual varied hours through the week. During her employment during a period of sickness the claimant discovered she was pregnant and advised the person in charge of doing the rotas and her employer of that fact by way of a text.   Subsequent to advising her employer of her pregnancy,…
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Newsletter: Disability Discrimination – what is considered ‘long-term’?

How long after diagnosis does an employee meet the definition of a disabled person? The court has ruled in a case where it might not be as long as you think. Read the full judgement here. Teacher, Mrs Nissa, suffered with the symptoms of Fibromyalgia from December 2015 – which she claimed caused her physical and mental impairment so much so, she resigned from her job, effective from 31st August…
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Newsletter: Company Director banned from any further Director position after serious safety failings

Director failed after previous convictions to access risk and protect employees A director of a waste transfer company has pleaded guilty and has been subsequently banned from holding the position again after knowingly exposing employees to an unsafe working environment. It was during November 2018 that despite having already been convicted of Transport related health and safety offences which led to a fatal incident in 2013 and another offence in…
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Newsletter: Company Director given 12 months suspended sentence and 200 hours Community Service

Defects on crane leads to life changing injuries  On 25th August 2016 an employee of R K United LTD which is now dissolved was using a lorry crane to deliver soil to a new house for a customer. As he was completing the delivery, he brought the crane arm down and his left arm was impaled on a spike which was protruding from the vehicle. As a result of the injury his several bones in his arm were…
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Newsletter: Discount retailer branded “deeply unattractive” in Health and Safety ruling

Breaches to health and safety legislation at three Poundstretcher stores in Newbury, Newhaven and Swindon resulted in the retail chain being hit with a £1m fine. The chain pleaded guilty to a total of 24 counts of breaching the Health and Safety at Work etc Act 1974 following inspections by Environmental Health Officers. The case came after checks at a warehouse in Swindon following a complaint from a worker and…
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Newsletter: Discrimination – Communicating whilst on maternity leave

The case highlights the importance of effective communication with employees on maternity leave.  The claimant Jackson was exercising her statutory right on maternity leave when her employer communicated that she was put at risk of redundancy. An email was sent to Jackson’s personal email which detailed redeployment documents and instructions for return. At the time in question Jackson was not accessing said personal emails and as such did not receive…
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Newsletter: Discrimination – Pregnant Employee dismissed after asserting her right to not work more than 48 Hours a week

Employee unfairly dismissed for asserting a statutory right of the working time regulations.  Mrs Peart (the claimant) was a Care Assistant providing personal care around the clock to a client whom was a wheelchair user and as such needed assisting with lifting at times. The claimant’s contract of employment limited her hours to “no more than 48 hours a week over a 17 week period”. Included in her contract was a “on call policy” which required the claimant to provide emergency cover if needed.   In December 2018 the claimant was less…
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Newsletter: February’s Need to Know

Be Prepared: Auto Enrolment is changing From 6 April 2019, the minimum percentage of salary that you must contribute to eligible employees’ auto enrolment pensions is increasing from 2% to 3%. The overall contributions rise to 8% of salary each month. So for staff, their minimum contributions are rising from 3% to up to 5%, depending on the amount you decide to put in. As the employer it is your…
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Newsletter: Bank Holidays and your workforce

As a business it is your responsibility to provide your employees with the correct holiday entitlement. If managed incorrectly it could see you facing an employment tribunal claim for breaching the working times regulations. Having processes and rules in place along with knowledge of how best to manage your workforce around bank holidays you can ensure minimal disruption to your business and avoid a holiday headache. Things to consider: Legally,…
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Newsletter: Direct Racial Discrimination – EAT concludes Racial attack on Mental Health Nurse was not harassment

The claimant is a Black African mental health nurse working for the NHS (the respondent) in a secure residential unit for men sectioned under the Mental Health Act. During his employment he was subject to a serious assault by a patient along with racial abuse which included a patient referring to him as “f*cking black” and was threatened “I am going to stab you”. Following the incident a report was…
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Newsletter: Religious Belief Harassment – Managers offensive comments about Muslims results in almost £7,000 in awards to employee

Understanding the importance of equality and diversity before it is too late. The claimant who was an employee of Royal Borough of Greenwich, Ms Aboulossoud (the claimant) was of mixed heritage and a number of her direct family members including her father where part of the Muslim community. During a meeting in January 2016 a discussion arose in relation to another crematorium in the surrounding areas and its Islamic section.…
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Newsletter: Unfair Dismissal – The Problem with Social Media

Dismissals as a result of Social Media becoming more prevalent  Never before have the boundaries between work and home been so blurred. Where once disgruntled employees poured their woes out to each other in the pub after work they now take to social media to air their grievances. In 2016 API Microelectronics Limited made an announcement that they were considering a move of location which affected a number of employees.…
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Newsletter: Unfair Dismissal – ET awards over £100,000 and employee reinstated after flawed investigation process

Dismissal case which highlights the importance of getting the investigation process right.  Thornhill v London Borough of Camden  The Claimant was employed by the respondent for 37 years when he was dismissed due to irregularities that had taken place in a tendering process. At the time he had interactions with a bidding company which subsequently then won the tender. These interactions related to seeing pricing documents from the current provider as well as assisting…
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Newsletter: Unwanted Religious Conversations lead to Dismissal at NHS Trust

Court of Appeal rules that dismissal to due a breach of a lawful management instruction was a fair outcome Mrs Kuteh worked in the intensive therapy at an NHS Trust. In her role, Mrs Kuteh was responsible for carrying out assessments of patients who were due to undergo surgery. As part of her role she was required to make “a simply enquiry as to the patient’s religion” and note the…
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Newsletter: Racial Harassment – When an interactive training exercise results in racial abuse

Racial connotations used by the trainer and three other attendees left claimant extremely offended and uncomfortable  An employment tribunal has held than an employee was subjected to racial harassment at an equality, diversity training exercise in which participants were encouraged to shout out offensive words. Ms Georges was recruited as a cleaner for the housing association and attended an equality and diversity course with 15 other employees. The facilitator was…
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Newsletter: When is it reasonable to suspend an employee?

An education trust had suspended an employee Mrs Agoreyo following an accusation of excessive force of two young pupils, because of this Mrs Agoreyo tendered her resignation. She subsequently brought a claim of breach of contract to the county court whom held in favour of the employer’s decision. The ET considered that the headteacher had reasonable and proper cause for suspension and dismissed her claim. On appeal the High Court…
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Newsletter: Religious Discrimination – Christian Doctor Dismissed for refusing to address transgender patients by their chosen pronoun

Employment Tribunal dismiss Doctors Religious Belief discrimination claim  A Christian Doctor, Dr Mackereth claimed that he has been discriminated against and denied his freedom of thought conscience and religion after he insisted on using the pronouns and titles appropriate to the personas biological sex. The DWP policy is that transgender people should be addressed and referred to by their preferred pronoun and specified name. The Claimant Dr Markereth disclosed that…
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Newsletter: Understanding what is classed as a disability

An employee requires no length of service to bring a claim of discrimination. If an employer loses a tribunal case on the grounds of discrimination, the amount a tribunal can award is unlimited. In a recent case against Swansea University the claimant was disabled and suffering with Tourette’s Syndrome and other conditions when he was exited from the business via ill health retirement. As a reasonable adjustment his employer reduced…
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Newsletter: Lack of cutting guards leads to employee suffering life changing injuries.

Milling Company Fined £5000.00 due to missing cutter guards. A milling company has been fined after a worker was cleaning wood dust from a 4-sided planer/moulder using an extraction pipe and his hand came into contact with the cutter block. The working parts of the machinery would usually be prevented by hood enclosures but at the time of the accident they were damaged, meaning the interlocks were not working and…
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Newsletter: Recycling Firm fined £13,000 following serious injury

Lack of Health and Safety Risk Assessment causes serious injury to employee.  A Recycling firm has been fined £13,000 after a worker lost his fingers operating a machine with no risk assessment completed.   The male employee was only 8 weeks into the role at the Manchester based firm, when the incident occurred. The serious injuries sustained to his hand resulted in him losing two of his fingers whilst attempting to clear a blockage on a baler on 2nd October,…
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Newsletter: Subcontractor Suffers Serious Burns

Subcontractor suffers serious burns after Director failed to complete appropriate health and safety checks  A contractor was working at a house in Braintree when he suffered 55% burns to his body from the steam of a boiler fitted by Pure Flame Solutions. An investigation by the Health and Safety Executive (HSE) found that Daniel Clark Director of Pure Flame Solutions carried out an installation of a boiler in a way…
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Newsletter: Waste Recycling Company pleads guilty and receives significant fine and costs after serious injury 

Recycling company fined £1.275 Million after employee has arm amputated Mid UK Recycling Ltd a waste recycling company has been fined following line operator employee’s injury which led to his left arm being amputated above the elbow. On the day of the incident there was blockages on the employees’ line and the waste had become wrapped around an axle which led to stoppage of the lower conveyor. While trying to…
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Newsletter: Why Risk Assessments are essential in every workplace

Recycling company sentenced to pay £144,000 after failing to implement safe systems of work A recycling company has been fined after a worker suffered from a back injury after manually moving gantry steps. Preston Crown Court heard how on, 10 September 2016, an employee of Suez Recycling and Recovery Limited helped to manually move steps weighting in excess of 950kg at a site in Duckworth Clough, Haslingden, after repair works…
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Newsletter: Minimum wage rates will be changing from April

These are the changes that are coming into place from 6th April 2019. Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) and Statutory Shared Parental Pay (SSPP) will increase from £145.18 per week to £148.68 per week The Statutory Sick Pay (SSP) rate will also increase from £92.05 per week to £94.25 per week The qualifying weekly lower earnings limit threshold for SMP, SPP, SAP, SSPP…
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Newsletter: Unfair Dismissal – Covert recordings and their implications

Information presented at Employment Tribunal questions the seriousness of covertly recording in formal meetings.  The claimant was employed as a Financial Accountant, during her employment there was a full restructure which resulted in her role being removed. Following the restructure, the claimant was placed into a more junior role among the many she applied for. She felt that the Finance Director had treated her unfairly in the recruitment process and raised a grievance in respect…
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Newsletter: The implications of poor equality and diversity in the workplace

Poor equality and diversity in the workplace leads to Employment Tribunal reward of nearly £7,000.  The claimant who was an employee of Royal Borough of Greenwich, Ms Aboulossoud (the claimant) was of mixed heritage and a number of her direct family members including her father where part of the Muslim community.   During a meeting in January 2016 a discussion arose in relation to another crematorium in the surrounding areas and its Islamic section. When discussing this a member of management stated “Do they [management] really think that the residents of Bromley would…
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Newsletter: Recycling Company Fined £120,000 for Health and Safety Breach

A Liverpool recycling company has been sentenced after employee was fatally crushed by falling bales During the morning of 24th May 2017 a fork lift truck (FLT) driver noticed one of the columns consisting of bales at Centriforce Products Limited Site, Liverpool, stacked three high, had partially collapsed obstructing his path. He subsequently used the fork lift truck to straighten and stabilise the stack before continuing on his way. Numerous hours later…
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Newsletter: Wood manufacturing company ordered to pay over £500,000 in fines and costs after worker suffers life changing injuries

Employee suffers life changing injuries as a result dangerous machinery which Company Director was aware of. Liverpool Magistrates Court heard how a female agency worker’s hair was caught on a rotating drive shaft whilst working on the production line resulting in the loss of her scalp, ears and one of her thumbs. The Agency workers severe injuries have led to multiple reconstruction surgeries and the trauma both physically and mentally…
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Newsletter: Window Cleaning Employee Suffers Bone Fractures in Seven Metre fall

Company fined £6000 for serious breach of Health and Safety  A window cleaning company has been fined £6000 by Leeds Majestics court for a breach of Health and Safety regulations. The employee was working with 3 other operatives cleaning a 400-panel solar array on a pig shed roof, Dishforth when the incident occurred. As the employees where cleaning the roof one of the men walked up the and was unaware…