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Category - Employment Law

Employment Law Newsletters


MLR provide useful electronic employment law updates giving employers and HR Managers information on the most up to date tribunal decisions, legislation changes and best

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Employment Law Events


Throughout the year MLR are holding a series of employment law workshops and updates at various locations across South and West Wales.  From an update

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Employment Law - Free e-learning courses


In the last few years we have seen a huge rise in e-learning.  When you consider the benefits it is not hard to see why.

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Employment Law Podcasts


Morgan LaRoche are pleased to announce that in addition to newsletters, online training and Youtube videos, it will now be offering podcasts for free.  These

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Employment Law Figures 2019


We have produced a handy one page guide to the current rates and limits applicable to employment law for 2019.

Click here to download the

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Employment tribunal quarterly statistics for April to June 2019 and annual statistics 2018/19


The Ministry of Justice has published the employment tribunal quarterly statistics for the period

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Vegetarianism was not a belief for the purposes of the Equality Act 2010


Mr Conisbee was employed for approximately 5 months before resigning. He alleged discrimination on the ground of religion or belief contrary to the Equality Act

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Proposed employment law reforms at Labour Party Conference


The Labour party made several announcements of interest at the Labour Party Conference in Brighton, which took place in September 2019. The proposed reforms elaborate

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Employer liable for the death of employee during sex while on business trip


A court in Paris has found a French employer liable for the death of a man who died of a cardiac arrest during sex while

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TUC calls for more UK bank holidays


The Trade Union Congress (TUC) has called on the government to increase the number of bank holidays for workers in the UK to 12. There

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Timescales for responding to a subject access request


 Following a ruling by the Court of Justice of the European Union, the Information Commissioner’s Office have updated their guidance on timescales for responding to a

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Gay marriage cake


Ashers bakery, who refused to bake a cake with the message "Support gay marriage" on it, are being taken to the European Court of Human

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Holiday pay calculator removed from BEIS guidance


Following the decision in a recent case, BEIS has removed references to the holiday pay calculator from its guidance on calculating holiday pay for workers without

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What happens when employees are stranded abroad?


With the sad news of Thomas Cook’s collapse and with an estimated 600,000 people worldwide having their travel plans disrupted we take a look below

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Employee's covert recording of HR meeting was not a breach of the implied term of trust and confidence


The Employment Appeal Tribunal (EAT) dismissed an employer's argument that an employee's basic award and compensatory award should have been reduced to nil on account

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Offensive Facebook image was not done in the course of employment


The Employment Appeal Tribunal (EAT) determined in a recent case that they did not consider an employer to be vicariously liable for harassment under the

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Wahaca have changed their policy as a result of a waiter paying a customer’s unpaid bill


Wahaca’s policy has been amended as a result of a waiter having to pay a customer’s unpaid bill. Prior to amendments, the policy required waiters

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Statistics for the employment tribunal between 1 January and 31 March 2019


Following the eradication of tribunal costs, the amount of claims brought in the employment tribunal are rising, based on the statistics between 1 January to

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Free legal guidance for females who have been victims of sexual harassment in the workplace


A free service provided by Rights of Women giving legal guidance for females who have been victims of sexual harassment in the workplace has been

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Workplace stress has led to an increase in disability discrimination cases by more than a third


Current research has indicated that disability discrimination claims being heard at employment tribunals has increased by 37% in just one year (from 2017 to 2018).

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Discriminating by dismissing an employee despite the employer not being aware of the employee’s disability


In a recent case, the employer was unaware of an employee’s depression, which is considered to be a disability under the Equality Act 2010 (the

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The Pregnancy and Maternity (Redundancy Protection) Bill 2019


The Department for Business, Energy and Industrial Strategy opened a consultation at the beginning of the year regarding proposals to extend redundancy protection for new

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Legitimate and justifiable suspension


In the recent case of The Mayor & Burgesses of the London Borough of Lambeth v Simone Agoreyo, the Court of Appeal determined that if

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Compensation awarded for a single act of harassment


The Employment Appeal Tribunal (EAT) maintained the Employment Tribunal’s decision of awarding a middle Vento band for a single act of racial harassment. A middle

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‘Bullied’ NHS whistleblower to challenge Non-Disclosure Agreement at tribunal


An NHS radiographer, Sue Allison, previously made a series of protected disclosures regarding a series of cancer misdiagnoses and was asked to sign a non-disclosure

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Rebate of £16 million due from the Government


Following the case of R (on the application of Unison) v Lord Chancellor [2017] UKSC 51, the Supreme Court determined that employment tribunal fees were

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Gay headteacher was constructively dismissed during flawed disciplinary process from which sexual orientation discrimination could be inferred


A gay headteacher was constructively dismissed during a disciplinary process which was flawed. The disciplinary process involved investigations into his sex life, namely having sex

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Did the employer have a legitimate reason to suspend the employee?


The Court of Appeal agreed with the decision of the County Court in respect of an employee, who’s profession was teaching, that was suspended by

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Doctor obtained injunction preventing disciplinary proceedings from continuing


Dr Gregg was suspended on full pay after 2 patients in his care died. A police investigation began, his registration was temporarily suspended and his

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ATTENTION: HR Consultants


Are you a HR Consultant?  Do you provide HR and employment law advice to businesses?  Would you like the comfort of knowing you had a

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Possible introduction of gender pay gap reporting for little companies


Hilary Spencer, the director of the Government Equalities Office, has announced that gender pay gap reporting will be established for little companies. The action was

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GDPR One Year On – Statistics


One year on after GDPR came into force on the 25 May 2018, below is an overview of the key statistics:

In June 2018, 1,792 breaches

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Potential changes to the National Minimum Wage’s ‘naming and shaming’ arrangements


Conservative ministers are no longer ‘naming and shaming’ companies that do not pay their workers the legally required national minimum wage, according to Labour MP

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Menopause versus work


Recent research into the effect of the menopause has shown that it generally affects women between the ages of 50 to 64. The time off

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Human rights and discrimination adviser helpline


The Equality and Human Rights Commission (EHRC) is now providing a telephone helpline to professional organisations that provide advice in relation to human rights or

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Permission to appeal a data breach case in the Supreme Court


Following an unsuccessful appeal made by Morrisons in October 2018 against the High Court’s decision of liability for data breach claims brought by 5,518 employees,

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Off-payroll working rules are changing


‘Off-payroll’ refers to individuals that work through companies and must pay taxes, similar to those which other employees must pay.

From 6 April 2020, the rules

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GDPR- Data breach register


Please feel free to download and use our template data breach register.


For any queries regarding data protection please do not hesitate to

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Plans to digitise employment tribunals


A plan has been announced to modernise employment tribunals. The aim is to have an electronic case management system which will enable tribunal users, panel

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Injuries on the Dancefloor


At a research institute’s Christmas party where alcohol was being served, a visiting scientist at the institute tried to pick up an employee off the

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Suspension Checklist


We are often asked by our clients when is it permissible to suspend.  Suspension has also recently come under scrutiny in the Tribunals and Courts. 

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Directors can be personally liable for breach of an employment contract


The High Court has recently decided that officers of a limited company can be personally liable for its breaches of an employment contract.

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New Guidance on employment tribunals powers


The Department of Business, Energy and Industrial Strategy (BEIS) has published guidance for users of employment tribunals on the powers available to tribunals. This is

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Labour plans to promote flexi-time


The shadow minister for Women and Equalities, Dawn Butler has revealed that Labour plans to give workers a day one right to select their working

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BEIS: new holiday pay guidance after “alarming” lack of awareness revealed.


The Department of Business, Energy and Industrial Strategy (BEIS) have created a useful tool and guidance for employers for calculating workers holiday pay entitlement whose

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New ACAS Guidance on age discrimination for employers


ACAS has recently published new guidance on age discrimination for employers, managers, HR professional, employees, trade union representatives and job applicants.

Firstly, the guidance provides clear

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Swindled, Sacked and Sued


Peebles Media Group has launched legal action against an ex-employee, Patricia Reilly after she was conned into making online payments of nearly £200,000 to a

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Government scraps £65 settled status fee for EU citizens


A recent announcement by the Government states it is scrapping the £65 settled status fee for all EU citizens who want to apply for permanent

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BEIS publishes new guidance on itemised payslips


The Department for Business, Energy and Industrial Strategy (BEIS) has published guidance on the Employment Rights Act 1996 (ERA 1996) (Itemised Pay Statement) (amendment) (NO2)

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Government response to BEIS Committee report on gender pay gap reporting (employment aspects).


On 2 August 2018 the House of Commons Department for Business, Energy and Industrial Strategy (BEIS) Committee published a Gender Pay Gap Report as the

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ACAS published latest early conciliation statistics


Statistics have been published on the ACAS early conciliation service for the period of April to September 2018. Around 85,400 totalled the numbers of individuals

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Employment Tribunal Quarterly Statistics for July to September 2018.


The Ministry of Justice has recently published, the employment tribunal quarterly statistics for the months July to September 2018.

When compared to the same period of

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The Good Work Plan = The Government announces extensive employment law reforms following Taylor review.


The Government has responded to recommendations by the Taylor Review (July 2017) through the publication of the “Good Work Plan”, which shows the Government’s clear

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Read more about this blog post - Snow days

Snow days


With talk of snow again this week we look at how snow chaos can affect businesses.

Minimum working temperature

For workers who work inside, the general rule

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Employment Tribunals set to pilot online trials


Employment Tribunals are looking to the future and have announced a trial period of pilot online trials, like those of Tax Tribunals. This system will

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Potential GDPR breach where employees check work emails out of hours


The busy world we live in, now means working from home or whilst commuting is fast becoming a growing normality. However, the recent changes to

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BEIS updated minimum wage guidance to include paid work trials


The department for Business, Energy and Industrial Strategy (BEIS) has updated its guidance on calculating the minimum wage to include unpaid work trials.


The guidance has

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Employees early dementia discriminated at work


Occupational Medicine (a scientific journal) recently published a study into the management of employees who suffer with early on set dementia. The disease currently affects

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Employee dismissal while entitled to long-term disability benefits in breach of implied term


The Employment Appeal Tribunal (EAT)recently decided that an employment tribunal was wrong to find an employer was correct in dismissing an employee on the grounds

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New Guidance on employing people with disabilities or health condition.


A guide on recruiting, managing and supporting employees with disabilities and health conditions has been published by the Department for work and pensions. The guidance

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#MeToo Impact on Workplace Culture


ACAS has published new research, to investigate the effect of the #MeToo movement on workplace culture. Despite, the widespread media coverage surrounding the #MeToo movement,

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Ffurflen ET1 ar gael nawr yn y Gymraeg.


I ddiwallu anghenion siaradwyr Cymraeg, mae gwefan y Llywodraeth wedi cyflwyno fersiwn Cymraeg o’r ffurflen ET1. Mae’r fersiwn Cymraeg o’r ffurflen ET3 hefyd yn cael

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Dismissing bus driver for failing drugs test was unfair


A recent employment tribunal case involving First Essex Bus Limited found that a bus driver was unfairly dismissed for gross misconduct after failing a routine

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New ACAS advice on performance management systems


New advice has been published by ACAS on performance management and the fair treatment of staff. The advice based on research which found that 1

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Women and Equalities Committee launches inquiry into use of NDA’s in harassment and discrimination case.


In November 2018, the Women and Equalities Committee launched a full-scale inquiry into non-disclosure agreements (NDA’s) in harassment and discrimination cases, which is a follow

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Taylor Review: Naming Shaming Scheme for Unpaid Employment Tribunal Awards Launched


In December 2018, the Department for Business, Energy and Industrial Strategy (BEIS) announced a scheme to name employers who fail to pay employment tribunal awards.


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Consultation on parental bereavement leave and apply government response published.


The new Act, Parental Bereavement (Leave and Pay) Act 2018, aims to create a statutory right for employed parents to, paid time off, work following

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Use it or lose it does not apply to workers


In two recent German cases, the Working Time Directive(WTD), was interpreted by the European Court of Justice on the basis that a worker does not

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Acas publishes new advice on references


Acas has produced new guidance for employers and employees regarding job references, and it has been compiled with regard to the most frequently asked questions

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A managing director's drunken assault on an employee was "in the course of employment" rendering the company vicariously liable


The Court of Appeal (COA) has recently decided that a company was vicariously liable for an assault carried out by one of its managing directors

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61% of women look at organisations' gender pay gaps when applying for jobs


A survey of 2,515 employees by the Equality and Human Rights Commission (EHRC) has revealed that 61% of women take an organisation's gender pay gap

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Acas publishes latest quarterly early conciliation statistics


Statistics from April to June 2018 have been published by Acas on its early conciliation (EC) service. According to the statistics, the total number of

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Employee who gave notice anticipating internal transfer had not resigned from employment


The Employment Appeals Tribunal (EAT) has upheld a tribunal decision regarding an

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DBS Email Address Changing


The Disclosure and Barring Service (DBS) has announced their email address is due to change. The previous email address was “dbs.gsi.gov.uk” and has now changed

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CIPD and Mind Publish Mental Health Guidance for Employers.


CIPD and Mind have published a guide for managers to assistance improvement in their responses to issues of mental health amongst employees. The new guide

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National Minimum Wage: report on compliance and enforcement.


The Government has published a report on National Minimum Wage detailing evidence on compliance and enforcement for the current year. The report has highlighted the

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37% of Women face sexual Harassment in the Workplace


A survey undertaken by Slater and Gordon has revealed that 37% of 2000 women have been sexually harassed at work, in the last year alone.

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ICO takes action against organisation for failure to pay data protection fee.


The Information Commissioners Office (ICO) announced in September that they have commenced formal enforcement action against 34 organisations for failure to pay their data protection

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Christmas in the workplace


HR Departments are always busy this time of year.  Whether it's arranging the Christmas party, dealing with inappropriate Secret Santa gifts or the fall-out from

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Proposed Resurrection of Employment tribunal fees


The Ministry of Justice has confirmed that it intends to reintroduce fees for employment tribunal claims.

Tribunal fees were first introduced in July 2013 starting at

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GDPR data breach complaints up 160%


There has been a dramatic rise in potential GDPR breaches since its introduction in May 2018. The Information Commissioner’s Office has seen a massive increase

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Emailing on commute should count as work, says research


A recent study found that 54% of passengers on a train use the onboard WIFI. Many of these passengers describe the journey as “transition time”

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Sleeping on the Job


Until recently, some sleep-in workers were entitled to be paid National Minimum Wage (NMW) for every hour of their shift, including hours when they sleep

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Just 6% of UK Work is Traditional 9-5


Despite, the new 9-5 musical arriving in the West End, a recent survey has revealed that only 6% of people in the UK, work traditional

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HMRC Sleeping on the Job


HMRC accused of failing to clarify sleep in payment rules HMRC have been accused of confusing the latest stand point on sleep in payments to

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56% of workers think they are being monitored at work


New research has revealed that over half of workers believe they are being watched by big brother, aka, their employer. Many believe their emails, internet

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Review of Modern Slavery Act 2015


This summer saw the first step in reviewing the Modern Slavery Act 2015 (MSA), after a damning report estimated the annual UK economic and social

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Report on Gender Pay Gap Reporting


On 2 August 2018, the House of Commons Business Energy and Industrial Strategy (BEIS) committee published a report on gender pay gap reporting, this is

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Supreme Court finds no discrimination in ‘Gay Cake’ case


The recent case of Lee v Ashers Baking Company Ltd decided that there was no discrimination established when a bakery refused to bake a cake

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Update on employment tribunal fees including the refund scheme


The Lord Chancellor has provided an update on employment tribunal fees and the refund scheme fees to the House of Commons Justice Committee. The update includes:

The government has sought

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Tesco to pilot new employment related technology


Tesco is set to pilot new technology called the "Oracle Fusion platform" which will aim to improve the flexibility and productivity of its workers. The

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The right to be forgotten for convictions will depend on seriousness of offence and sentence imposed


In a recent case, a court had to rule on two "right to be forgotten" claims, only one of which it upheld. In these claims, the court had to

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Acas publishes new GDPR guidance


Acas has published new guidance on the General Data Protection Regulations and what it will mean for employers. The guidance consists of a series of

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EHRC publishes updated handbook on the Equality Act 2010


The Equality and Human Rights Commission (EHRC) has published an updated version of its handbook regarding the Equality Act 2010.  This is an essential tool

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Workers now have a right to an itemised pay statement


A recent change in legislation will provide that all “workers” have a right to an itemised pay statement and to enforce that right at an employment tribunal.

The Order comes into force on 6 April

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EHRC investigations into gender pay gap reporting failures began in June 2018


The Equality and Human Rights Commission (EHRC) began its investigations into employers who failed to comply with their gender pay gap (GPG) reporting obligations in June. Approximately 1,500 companies missed the deadline and were

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Contractual notice only starts when the employee knows they are being dismissed


The Supreme Court has recently decided that in cases of dismissal on notice by post (where there is no contractual provision governing when notice takes

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Employers failing to pay national minimum wage


It has been revealed that 239 employers have underpaid 22,400 workers in the UK by £1.44 million. The government is set to spend £26.3 million

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Women on boards


A recent report by BEIS and the Government Equalities Offices has produced a press release considering the progress of the FTSE 350 companies in reaching

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Employers spending more than ever on staff benefits


Provisional figures for the tax year 2016-17 demonstrate that employers are spending more on staff benefits than previous years, with a £200 million increase since

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Advice for employers on how to deal with domestic abuse


The Public Heath England and Business in the Community have recently published a toolkit to raise awareness of domestic abuse and also reduce the stigma

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Review of Modern Slavery Act 2015


An independent review of the Modern Slavery Act 2015 has been instructed by the government. The review is indented to identify the social and economic

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Overtime and suspensions


Acas has recently produced two sets of guidance for employers in relation to overtime and suspensions.

Overtime Guidance

The guidance provides that it is important to detail

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Inaccurate gender pay gap reporting?


A recent study undertaken demonstrates that 17% of employers may have incorrectly reported their gender pay gap figures following the requirement for companies with 250

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Report on sexual harassment in the workplace


The Women and Equalities Committee has recently published a report on sexual harassment in the workplace. The report provides that a more active role is

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30% rise in tribunal claim notifications


The recent annual report provided by Acas has demonstrated that the number of people intending to bring a tribunal claim has increased:

From 1,700 to 2,200

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Increase in whistleblowing reports


In the previous year, according to figures provided by Pinsent Masons:

HMRC has reported an increase of 134% in reports of whistleblowing in relation to National

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Fathers and the Workplace Report


The Women and Equalities Committee has recently published a report on the rights of fathers at work. The report calls for improvements to be made

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BBC reduces gender pay gap


The BBC have revealed that in the past year they have reduced their median gender pay gap from 9.3% to 7.6%, which demonstrates that the

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The risks charities can face in employment law


The risks charities can face in employment law

What people regularly forget is that a charity is a business like any other.

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Inquiry into enforcement of the Equality Act


The Women and Equalities Committee has recently launched an inquiry into the enforcement of the Equality Act 2010. 

Following recent inquiries, such as into sexual harassment

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Sleep-in workers and national minimum wage


The Court of Appeal has overturned the decision of an Employment Appeal Tribunal in relation to national minimum wage for workers that sleep-in on shifts.

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No dismissal where successful disciplinary appeal


The decision of the Employment Appeal Tribunal that there had been no dismissal when an employee had been told that the decision to dismiss him

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Sickness absence at lowest rate since records began


The latest figures from the Office for National Statistics show a significant fall in the number of days employees are taking off work due to

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Tribunal fees: 80% not yet refunded


Only 20% of the predicted £33million refund has been returned to claimants since employment tribunal fees were declared unlawful. A spokesperson for HM Courts and

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Dealing with menopause in the workplace - what can employers do?


During a debate at the House of Commons, Minister for Women, Victoria Atkins reported the importance of providing support for women going through menopause. A

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Summary dismissal deemed fair despite no single act of gross misconduct


In a recent case, the Employment Tribunal decided that a hospital trust fairly dismissed a consultant orthopaedic surgeon with a previously clean disciplinary record as

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Tobacco, alcohol and drug abuse


A toolkit has recently been published by Public Health England and Business in the Community in order to aid to employers with substance abuse in

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Religion and belief discrimination


Acas has recently provided new guidance in relation to discrimination on the grounds of religion and belief in the workplace. The guidance provides a brief

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Pimlico Plumbers loses appeal against worker status


Recently, the Supreme Court decided that a plumber was a ‘worker’ despite his contract stating he was an independent contractor.

The Court

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Illegally opting staff out of workplace pension


The Pensions Regulator announced that two directors and five senior staff of Workchain Ltd

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Illegal working fines


UK Visas and Immigration has recently published a report detailing the total number of fines for illegal working given to employers in the United Kingdom

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Employment tribunal statistics for January to March 2018


The Ministry of Justice has published the Employment Tribunal quarterly statistics for the period January to March 2018.

Statistics show that:

The number of single claim receipts,

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Dress codes and sex discrimination


The Government Equalities Office recently published guidance on dress codes and sex discrimination.

The guidance details:

The legal responsibilities of employers

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Can disciplining as a result of sickness absence amount to disability discrimination?


In a recent case, an employee had a disability causing high absence levels over the years. As a result, the employer allowed the employee greater

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Accounting firm PwC bans all-male interview panels and job shortlists


The accountancy firm PwC will eliminate all-male interview panels and shortlist for roles in order to provide greater diversity within the organisation. This is as

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10 worst excuses for not appointing women to boards


The Department for Business, Energy & Industrial Strategy has revealed the worst reasons companies have provided as reasoning for not

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Travel time between home and a temporary workplace can be working time


The question of whether travel time to or from work or between places of work is considered working time is increasingly being asked. This is

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GDPR - Retention Guide


We are being asked to provide lots of guidance under GDPR in terms of retention so we have produced a FREE GUIDE which we hope

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GDPR - quick overview


Is GDPR overwhelming?  Would you like to understand the key concepts quicky?  Our two page will help you to understand the basics of GDPR.


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Gender pay gap reporting: private sector reports show median pay gap of 9.7%


The deadline for large private and voluntary sector employers to publish their gender pay gap (GPG) figures was 4 April 2018.


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Enforcement of Gender Pay Gap regulations


The Equality and Human Rights Commission (EHRC) has advised that employers who failed to report their gender pay gap (GPG) data will be

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Failure to pay male employee enhanced shared parental pay was not sex discrimination


Eligible parents can take shared parental leave (SPL) of up to 50 weeks and shared parental pay (ShPP) of up to 37 weeks. 

The question of

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EHRC calls for improved sexual harassment protection


A report by the Equalities and Human Rights Commission (EHRC) entitled “Turning the tables: ending sexual harassment at work” has recently been published.

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If an employer requires employees to dress a certain way for work does this amount to a deduction for national minimum wage purposes?


It has recently been reported that Wagamama has been required to repay £133,212 to 2,630 workers because of a requirement to wear casual

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Acas publishes latest quarterly update on early conciliation statistics


Acas has published statistics on its early conciliation service covering the period April to December 2017. It has been reported that the number

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Over £9 million in illegal working fines issued


A quarterly report has been issued by UK Visas and Immigration, which shows the total number of fines for illegal working given to

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Tribunal quarterly statistics October to December 2017


The provisional tribunal quarterly statistics for the period October to December 2017 were published by the Ministry of Justice on 8 March 2018. It was

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Employee with condition described as “pre-cancerous” was deemed disabled


Mrs Lofty was dismissed following absences from work, at least some of which were related to treatment for her pre-cancerous condition. In proceedings

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Prison for gangmaster guilty of modern slavery offences


A gangmaster has been prosecuted for modern slavery offences after bringing Eastern European workers to the UK and paying them less than £2 an hour.


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HMRC termination payment tax changes


HMRC has confirmed that the payment in lieu of notice tax changes made earlier this year look to both the date of payment

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April 2018 limits on tribunal awards increased


From 6 April 2018, tribunal compensation limits increased. The maximum compensatory award for unfair dismissal has risen from £80,541 to £83,682 and the maximum amount

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April 2018 increases to statutory maternity, paternity, adoption, shared parental and sick pay


As of 1 April 2018, statutory maternity, paternity, adoption and shared parental pay is £145.18 a week (up from £140.98). 

From 6

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April 2018 increases to statutory pay


The government has announced the following proposed increases to statutory benefit payments:

Statutory maternity, paternity, adoption, shared parental pay and maternity allowance will all be £145.18

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Tribunal claims increase by 64%


On 14 December 2017, the Ministry of Justice published the tribunal quarterly statistics for the period July to September 2017. The most significant development is

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New online DBS service


From 17 January 2018, the system for obtaining a basic criminal records check in England and Wales has changed. The Disclosure and Barring Service (DBS)

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Employers "sleepwalking into GDPR abyss"


60% of businesses have said that they are not prepared for their obligations under the new regime for data protection set out in the EU

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Compensatory 20 minute rest break


The Employment Appeal Tribunal has recently considered whether compensatory rest has to be taken in one uninterrupted period or whether a series of short breaks

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Acas publishes quarterly update


Acas has published statistics on its early conciliation (EC) service covering the period April to September 2017.


According to the statistics, the number of notifications received

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Government still has £31m of tribunal fees to refund


The government has revealed that it still has £31 million to refund following the full roll-out of its scheme for refunding tribunal fees. Justice Minister

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Fit for Work scheme abolished


On 30 November 2017, a government press release announced that, following low referral rates, the assessment services provided by the Fit for Work service (FFW)

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Workers to receive £1.7 NMW back pay


As part of the government's routine "naming and shaming" of employers that have failed to pay their staff the national minimum wage, 16,000 workers are

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Gender Pay Gap Reporting toolkit


The Government Equalities Office (GEO) has published a new toolkit for employers on how to calculate and publish their gender pay gap information.


The toolkit makes

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Covert surveillance to monitor workplace theft


The European Court of Human Rights has considered whether an employer's decision to install hidden cameras to monitor suspected workplace theft by a number of

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Employer liable for employee's disclosure of personal data


In this case against Morrisons Supermarket, the High Court has considered whether an employer is vicariously liable for an employee's deliberate disclosure of co-workers' personal data.


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Directors disqualified for employing illegal workers


Twenty company directors from sixteen restaurant and takeaway businesses were recently issued disqualification orders, following investigations by the Insolvency Service. 18 directors were banned for

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Right to paid annual leave carries over indefinitely where employer refuses leave


Mr King worked for The Sash Window Workshop Ltd (SWW) as a commission-only salesman for 13 years. He received no salary, and was never paid

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What to expect in Employment Law in 2018


Sleep-in Duties

The Court of Appeal is expected to hear the case of Focus Care Agency Ltd v Roberts and others in March to interpret whether employees who sleep-in

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14 Things HR Need To Know About Christmas


14 Things HR Need To Know About Christmas


Employers are obliged to provide and maintain a safe place of work for employees. While employers' health

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Travel Disruption due to bad weather


Travel Disruption due to bad weather

From time to time, travel disruption can affect an employee’s ability to get to work on time, or in some

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Acas guidance - parents with ill or premature babies


Acas has published guidance for employers on how to support parents with premature or sick babies. The recommendations for employers include:


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Parental Bereavement (Pay and Leave) Bill published


The Parental Bereavement (Pay and Leave) Bill 2017-19 was published on 13 October 2017. This is likely to become law. The proposed legislation

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Information Commissioner demystifies GDPR consent


The Information Commissioner has published a blog demystifying the use of consent under the

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Monitoring employees personal messages


The Grand Chamber of the European Court of Human Rights has decided that an employee’s human rights were breached when his employer monitored

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Over 30% of fit notes issued due to poor mental health


A new NHS Digital report has said that nearly a third of all fit notes are issued to workers because of their poor

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Modern slavery checks failing to monitor workers in supply chains


A recent research report has suggested that employers are at risk of employing victims of modern slavery due to the complexity of the

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1% of those entitled take shared parental leave


Research undertaken by commercial law firm EMW, has revealed that only 8,700 new parents made use of the shared parental leave system in

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Draft Brexit rules could cause an "unskilled workforce crisis"


UK industry would find it "near impossible" to recruit low-skilled EU workers post-Brexit, if rules governing access to the UK jobs market for

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Dismissal not unfair where employer took account of previous incidents



Ms Pillar was employed by NHS 24 as a Nurse Practitioner. Her work consisted of taking telephone calls from members of

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Acas publishes new mental health guidance


Acas has published guidance to assist employers in supporting staff with mental health issues. The guidance suggests how employees might spot signs of

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Acas issues guidance for transsexual employees


The Institute for Employment Studies has published a new study that suggests managers are failing to provide adequate support to transsexual employees at

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Suspension was a breach of contract



Ms Agoreyo was an experienced primary school teacher for the London Borough of Lambeth. She taught a class of up to

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ICO roll out new GDPR guidance for small businesses


The Information Commissioner’s Office (ICO) has issued new guidance for small businesses on the new General Data Protection Regulation (GDPR) which will

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Sleep-in staff: Minimum wage enforcement resumes


The Government has resumed minimum wage enforcement for healthcare providers.

The new Social Care Compliance Scheme (SCCS) will enable healthcare providers to

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UK voluntary living wage rises


Around 150,000 workers have received a pay rise following increases to the voluntary living wage (VLW) rate. The amount of the VLW

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Acas guidance on sexual harassment at work


Acas has published new guidance for employers on how to identify and support people who face sexual harassment at work. Acas highlights

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Acas publishes new pregnancy and maternity discrimination guidance


Acas has published guidance for employers on how to prevent pregnancy and maternity discrimination at work. Acas recommends several measures, including:

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Employment tribunal fees: refund scheme


The Government has now rolled out the tribunal fees refund scheme in full. As anticipated, the scheme is open to both claimants and

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Autumn 2017 Budget: key employment announcements


The Government will increase the national minimum wage from April 2018 to the following rates:

Apprentices: £3.70 an hour; 16-17 year olds: £4.20 an hour; 18-20 year olds:

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Automatic enrolment and re-enrolment: upcoming deadlines for employers


Most employers have passed their automatic enrolment staging date and are automatically enrolling new workers into a pension scheme as a matter of

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General Data Protection Regulations


MLR were pleased to recently co-sponser a GDPR event in Pembrokeshire with Morgan and Morgan and The Cabinet Office.

We had

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Accommodation Offets


Accommodation for Employees

 The Accommodation Offset is a figure set by the Government each year.  It is the limit on the amount that can be

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Parental Bereavement Pay and Leave


The Parental Bereavement (Pay and Leave) Bill 2017 was introduced into the House of Commons in July 2017. Under the bill, employed parents

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Voluntary Overtime – a Light at the end of the Tunnel?


Most employers will be aware of the extensive case law that has emerged over the past few years regarding the calculation of holiday

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Modern Slavery in Supply Chains


In July 2017, the House of Lords were presented with the Modern Slavery (Transparency in Supply Chains) Bill 2017.



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National Minimum Wage: sleep-in shifts in the social care sector


HM Revenue & Customs (HMRC) enforces payment of the National Minimum Wage (NMW) and is currently investigating social care providers for underpayment of

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So, employment tribunal fees are unlawful but what happens now?



After the flurry of activity from the July Supreme Court decision - that Employment Tribunal fees are unlawful - what happens now?


1.  It is unlikely

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BBC gender pay gap


BBC Director General, Tony Hall, hopes to close the BBC gender pay gap by 2020, following a letter signed by 40 of the

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The Taylor Review of the "Gig" Economy


The "gig economy" (where individuals are engaged by businesses on a flexible, ad hoc basis – e.g. Uber drivers) has recently presented problems for determining

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Disciplining for quoting the Bible


Mr Trayhorn was employed by the Secretary of State as a gardener at a prison. The prison had a chapel, and employed full-time

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How to handle cancer in the workplace?


I am a HR Manager, and have recently been informed that one of our employees unfortunately has cancer. What should I do to support our

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Liquid lunches: can an employer stop staff drinking during working hours?


We recently saw Lloyd's of London banning a lunchtime pint during the working day but how far can an employer police what workers do when

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Are your staff wilting in the workplace?


With it currently being British summertime, when temperatures soar employers are under increased pressure to ensure the safety of their workers.

By working in high temperatures, employers may

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Gender pay gap begins just one year after graduation


The Department of Education has published data that suggests women graduates are paid less than male graduates despite studying the same subject in the same

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Directors backlash after informing staff to vote Tory


Two Managing Directors have been criticised in the lead up to the election after reportedly telling staff that their jobs were at risk if they

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ICO publishes updated subject access code of practice



The Information Commissioner's Office (ICO) has updated its subject access code of practice to reflect developments in recent Court of Appeal judgments.


Organisations should find this

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Male employee succeeds in discrimination claim for shared parental pay


In this case, the tribunal appears to take the view that, beyond the compulsory maternity leave period, men and women are in the same position

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Dismissal fair despite employer's failure to provide witness evidence of appeal stage at tribunal


It is common practice for employers to call a member of a dismissal appeal panel to give evidence at an unfair dismissal tribunal hearing. This

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ICO warns businesses to prepare with one year to go until the GDPR


The Information Commissioner (ICO) has warned businesses that there's no time to delay in preparing for "the biggest change to data protection law for a

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Union membership falls to lowest level since records began


The Office for National Statistics (ONS) has announced that the number of union members is at an all-time low of 6.2 million. According to the

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Redundancy following sickness absence was not discrimination arising from disability (EAT)


In a recent case the Employment Appeal Tribunal gave guidance on the test for discrimination arising from disability.


Discrimination arising from disability occurs where both:

A treats

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Employers begin to publish gender pay gap data on government website


Employers have begun to publish their gender pay gap information on the government's gender pay gap data website.


Click here to access the recent report:

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Government publishes response to report on high heels and workplace dress codes


The government has published its response to the House of Commons Petitions Committee and Women and Equalities Committee joint report on dress codes in the

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Auto-enrolment: employer pays £40,000 penalty for non-compliance


In May 2017, the Pensions Regulator issued a regulatory intervention report in relation to action taken against Johnson Shoes Company.

The Pensions Regulator has published details

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Headscarf ban was not direct discrimination


Ms Achbita worked for G4S who said that employees were not permitted to wear any religious, political or philosophical symbols while on duty. She was

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A poor attitude to organisational change could constitute gross misconduct


The Employment Appeal Tribunal (EAT) has ruled that procedural failings and inclusion in an internal appeal panel of an individual (who was junior to the

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The Chartered Institute for Building has published a toolkit for tackling modern slavery in the construction sector.


Produced in association with "Stronger Together" (an initiative that supports organisations tackling modern slavery), the toolkit assists construction businesses in complying with the Modern Slavery Act 2015. Among other things, it:


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Government to issue new guidance to support working mothers with premature babies


The government is set to publish guidance aimed at supporting working mothers with premature babies. The Department for Business, Energy and Industrial Strategy will work

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Fathers not taking up flexible working opportunities


The Chairman of the Women and Equalities inquiry into the treatment of fathers in the workplace has said that fathers are hesitant to ask their

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Virgin Money reports 36% mean gender pay gap


Virgin Money has reported an average 36% gender pay gap in their 2016 annual report. According to the report, the financial services organisation had a

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Sick days taken by workers at lowest since records began


Statistics released by the Office of National Statistics (ONS) show that the number of workers calling in sick is at its lowest level since records

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Government promises action on workplace dress codes and high heels


On 6 March 2017, the e-petition on workplace dress codes and high heels was discussed in the House of Commons.  This follows the case in

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Publication of Employment Tribunal judgments: the impact for employers


In February, the Ministry of Justice formally launched its website of Employment Tribunal decisions. All future Tribunal decisions will be uploaded onto the website. Below we

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Gender pay gap reporting


ACAS and the Government Equalities Office have jointly published guidance on the Gender Pay Gap Regulations which are due to come into force on 6

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Employment Tribunal fees review


The government's review of the introduction of fees in the employment tribunals (ET) was published on 31 January 2017.

The review accepts that the introduction of

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National minimum wage increases


Recommendations from the Low Pay Commission have resulted in proposals to amend the rates of the national minimum wage.

The draft regulations set out the following

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Minimum wage for gig economy workers?


The chairman of the Commons work and pensions select committee Frank Field has told a Downing Street review of modern working practices that all workers

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Hundreds of employers named and shamed for underpaying


The Department of Business, Energy and Industrial Strategy (BEIS) has published a list of employers failing to pay the national minimum wage (NMW). The

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Registration for online apprenticeship service opens


The apprenticeship levy comes into force on 6 April 2017 and the Department for Education and the Skills Funding Agency have encouraged large employers

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Argos set to pay £2.4m for national minimum wage arrears


Argos has been ordered to pay 37,000 former and current staff backpay amounting to £2.4m, after an HMRC investigation revealed its failure to pay

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Limits on tribunal awards and statutory payments to increase from April 2017


Tribunal compensation limits will increase on 6 April 2017.

The maximum compensatory award for unfair dismissal will rise from £78,962 to £80,541.

The maximum amount of a

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Trade Union Act 2016: main provisions come into force on 1 March 2017



The Trade Union Act 2016 into force on 1 March 2017. The major changes include:

Ballots: 50% turnout requirement. Ballots in "important public services": additional 40% support requirement. Information

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Employment tribunals online database of decisions now live



The database has now gone live. The database covers decisions from England, Wales and Scotland. It is understood that it will initially cover new or

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High heels and workplace dress codes


A joint report has been published by the House of Commons Petitions Committee and the Women and Equalities Committee called High heels and workplace dress

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Call for better pregnancy and maternity protection


The government has published its response to the Women and Equalities Committee’s report calling for better pregnancy and maternity protection.

The majority of the Committee’s recommendations

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Two brothers sentenced under Modern Slavery Act


Two brothers have each been jailed for exploitation under the Modern Slavery Act 2015 and fraud offences and conspiracy to commit fraud by false representation under the Fraud Act 2006.


The two brothers arranged

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Will you be my valentine? How to deal with romance in the workplace


Most people who work in an office have to develop close working relationships with their colleagues, not least because they spend a substantial part of

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Dismissal fair despite reliance on expired warnings


In this case a tribunal and the Employment Appeal Tribunal decided that a dismissal was fair even though the employer relied on previous warnings.

Mr Stratford

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Employers pay over £83,000 under tribunal penalty regime


The penalty regime for unpaid employment tribunal awards came into force on 6 April 2016. Defaulting employers may be issued with a penalty notice requiring

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"She only makes the tea": Bizarre excuses for not paying minimum wage


HMRC officials have released ten of the most bizarre responses provided by employers when questioned on their reasons for failing to pay the national minimum

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Dentists call for the abolition of "workplace cake culture"


Dentists have called for an end to the "workplace cake culture", saying the sharing of sweets and cakes leads to obesity and poor oral health.

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Illegal working


In December 2016, nearly 100 people were arrested in nail bars on suspicion of working illegally and breaching immigration laws. Authorities raided 280 nail bars

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Modern Slavery - Gangmasters agree to pay more than £1m


A Kent-based gangmaster couple have agreed to a landmark settlement worth more than

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Tribunal quarterly statistics


The Ministry of Justice has published the statistics for tribunals for the period July to September 2016. During this quarter:

Employment tribunals received 4,300 single claims

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Online database for Employment Tribunal judgments


HM Courts and Tribunals Service has confirmed that future Employment Tribunal decisions will soon be readily available online. The online database will enable people to

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Annual increase to statutory pay


The government has announced the following proposed increases to statutory benefit payments commencing in April:

The weekly rate of statutory sick pay (SSP) will be £89.35

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Flexible hours lengthen working life


According to new research almost half of workers would work longer before retiring if more opportunities for flexible hours were offered. According to the British

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Gender pay gap regulations


The final draft of the Gender Pay Gap regulations have been published and will come into force on 6 April 2017.  The Regulations clarify who

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Female workers receive grooming "list"


Senior staff at the Dorchester Hotel have been criticised for sending a list of grooming standards to female applicants requiring them to meet certain standards

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Gender Pay Gap by profession


A new online platform has been launched that enables the public to view the gender pay gap by occupation. The online platform suggests the highest

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HMRC investigation into care sector


In light of a major HMRC operation, thousands of care workers have received back pay amounting to £650,000 due to the failure of care providers

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Employment Law: What to expect in 2017


2017 looks set to be a busy year for employment law. Below we have set out the key developments for the year ahead.

Brexit, will continue to dominate the employment law

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The festive season and risks for employers


It’s that time of year again….when lawyers warn

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Easyjey acted discriminatory towards breastfeeding mother


An employment tribunal has decided that easyJet's shift practices were indirectly discriminatory towards two breastfeeding employees on the grounds of sex. This

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Christmas - the risks!


It’s that time of year again….when lawyers warn employers of the risks of tribunal claims from staff at Christmas.  Although this makes us

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Dress Codes


This year we have already seen employers face reputational or legal challenges on requiring a receptionist to wear high heel shoes, the banning of Muslim

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Pregnancy and maternity protection


The Women and Equalities Committee has recently published a report on pregnancy and maternity discrimination showing that the number of expectant and new mothers forced

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Shared parental leave



A Scottish employment tribunal has determined the compensation arising out of a discriminatory shared parental

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Care workers and NMW


Seventeen care workers have recently submitted a claim in the ET against council contractor Sevacare for its failure to pay the national

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Employers fail to grasp recruitment laws


The results of a survey undertaken by the Equality and Human Rights Commission (EHRC), suggests employers are ill-informed of the current law

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Asda faces equal pay claim


In a recent decision, an employment tribunal decided that a group of female retail store employees could compare themselves to a group of

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Fake sick notes


The Medical Defence Union (MDU) has urged employers to remain vigilant due to the ease at which fake doctors' notes can be

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More companies move away from zero hours contracts


With a combined total of over 40,000 workers on zero hours contracts, Suffolk brewer Greene King, pub franchise JD Wetherspoon and cinema chain

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Hermes faces a possible HMRC investigation for paying couriers less than minimum wage


HMRC are considering whether to investigate the working practices of delivery company Hermes in light of the recent allegations made by self-employed couriers

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Finance companies promise gender parity in senior roles by 2021


72 financial institutions including HSBC, RBS and Santander, have signed up to the Government's Women in Finance Charter, which aims to increase the

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Government set to miss £9.00 an hour National Living Wage forecast


The Resolution Foundation thinktank has published a report that suggests the government will fall short of its £9.00 an hour 2020 National Living

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Working practices at Asos warehouse questioned


On 3 September 2016, a report was issued that questioned the working practices of an Asos distribution centre. According to the report workers

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Inquiry to investigate sexual harassment in the workplace


The Women and Equalities Committee has launched an inquiry into workplace sexual harassment following a number of high-profile claims in recent months.

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