Bulletins
In Conisbee v Crossley Farms Ltd, the Employment Tribunal held that vegetarianism does not amount to a philosophical belief and therefore does not qualify for protection under the Equality Act… Read more →
Bulletins
Would you consider an employee making a covert recording of an internal meeting to be an act of gross misconduct? The recent case Phoenix House v Stockman has raised this… Read more →
News
What is the definition of workplace bullying? There is no legal definition of bullying, but ACAS defines it as “any unwanted behaviour that makes someone feel intimidated, degraded, humiliated or… Read more →
News
The direction of travel is clear: society will no longer turn a blind eye to harassment and behaviours need to change- the approach in the workplace has to reflect this… Read more →
Bulletins
Recent research indicates that around a third of private sector employers believe it is reasonable to ask women about their plans to have children during recruitment. The Women and Equalities… Read more →
News
Positive action is hailed as an important tool in dismantling gender barriers in employment. It is also an underused enabler of widespread equality in the workplace. Richard Isham, Partner and… Read more →
News
Bulletins
The courts have again considered the issue of whether suspending an employee in order to investigate allegations against them is a breach of the implied term of trust and confidence.… Read more →
News
The government has announced the new rates and limits which will be introduced from April 2019 in relation to the National Living Wage, National Minimum Wage and the employment compensation… Read more →
Bulletins
Auto-enrolment has been hugely successful at encouraging increased numbers of people to save towards their retirement. Part of the transitional arrangements which were integral to auto-enrolment were the stepped contribution… Read more →
Bulletins
Background In October 2018, the Court of Appeal held Morrisons vicariously liable for an employee’s data breach. The case represents the first data leak class action in the UK. Seeking… Read more →
Brexit
Are you ready? Brexit is going to impact on our laws. It is too early to know what the repercussions will be but it is certain that there will be… Read more →
News
As United Kingdom residents watch the political machinations surrounding Brexit with a mixture of fascination and horror, EU nationals living in the UK and their employers may well feel that… Read more →
Bulletins
It has been trailed by the Government as the most important package of employment rights for a generation. Whilst it does contain a number of actual and potential new measures,… Read more →
Bulletins
Regulations which came into force on 1 January 2019 create new reporting obligations on UK companies in relation to employee engagement and certain pay matters. Which regulations? The Companies (Miscellaneous… Read more →
News
The article was originally published by Personnel Today – January 7, 2019 Deliveroo and Uber Eats face questions over worker black market An investigation by The Sunday Times has found… Read more →
Bulletins
KEY CASES Worker status: Uber B.V. v Aslam (December) The Court of Appeal upheld the decision that Uber drivers are workers – at least for the time when they are… Read more →
News
The article was first published by the HR Review on December 11, 2018. Laura Conway: Mental health first aid in the workplace from an employment law perspective Leading employment lawyer… Read more →
Bulletins
Dealing with a positive drugs test by an employee involves balancing the individual rights of an employee against the need of the business to ensure general health and safety in… Read more →
Bulletins
Outside the relatively small world of the “gig” economy (i.e. companies who have built their businesses entirely around a particular staffing model), we have seen a growing trend of mainstream… Read more →
News
Blair’s comments were published in the Times on November 15, 2018. Advising on how much employees can use Social media at work. Please click here to read the full article… Read more →
As part of the government’s budget announcement, it has proposed a number of key measures which are likely to impact employers: Worker status – changes to IR35 rules; National Living… Read more →
News
Tenon FM Limited v Susanne Cawley (and others) Tenon applied for an interlocutory injunction against Ms Cawley, seeking to enforce restrictive covenants in her contract of employment in order to… Read more →
Bulletins
What is harassment? The legal definition of harassment is very wide. Harassment can be on grounds of sex, race or a number of other protected characteristics. The law also specifically… Read more →
News
The Parental Bereavement (Leave and Pay) Act 2018 has now received Royal Assent. The Act, expected to come into force in 2020, will provide all employees with a statutory right… Read more →
Bulletins
ACAS published new guidance on employment references last week – essentially it is a consolidation of common questions that ACAS receives about references (see here). It is a useful reminder… Read more →
News
The comments Richard made were originally published by People Management – 9 August 2018 Business leaders say the number of staff taking time off for mental ill-health is on the… Read more →
Mental Health
Mental Health in the workplace The economic cost of mental illness in the workplace is now well documented. Mental ill health at work is estimated to cost UK employers £26… Read more →
News
This article was orginally published by Personnel Today. In a case that could open the door for more than 3 million outsourced workers to negotiate directly with their de facto… Read more →
This article was originally published by The Times. Older readers might remember the excitement when “dress down Fridays” arrived in London law firms in the wake of west coast tech… Read more →
News
Private Banker International originally published this article. Richard Isham, employment partner at Wedlake Bell LLP, highlights two recent initiatives that are designed to highlight the issue of mental health in… Read more →
Bulletins
As school terms end and the recent heat wave continues workers now turn their attention to their summer break. As we enter this peak holiday season we examine some of… Read more →
Bulletins
Welcome to the Summer edition of our In Counsel publication In this update we will outline the most recent legal developments affecting your business, in particular, the implications of the… Read more →
Bulletins
The Supreme Court has refused to allow Pimlico Plumbers’ appeal against the Court of Appeal’s decision that plumber and heating engineer Mr Smith was a “worker” with the associated rights.… Read more →
Bulletins
This week’s bulletin looks at two interesting decisions from the Employment Appeal Tribunal (EAT) in relation to misconduct dismissals where the employee has a clean disciplinary record. Quintiles Commercial UK… Read more →
Bulletins
With the implementation of GDPR imminent, we highlight the key differences between the current position under the Data Protection Act 1998 and the new position under GDPR in respect of… Read more →
Bulletins
In the first of the annual Labour Market Enforcement Strategy reports, published earlier this month, the Director of Labour Market Enforcement, Sir David Metcalf, identifies eight key risk sectors for… Read more →
News
Employers urged to think carefully about what such rules aim to achieve and consult staff over their concerns Lawyers have criticised the government’s highly anticipated guidance on dress codes and… Read more →
Bulletins
Employers who use the common “12.07% of annual earnings” method for calculating holiday pay for part-time workers will need to consider their potential financial exposure following a recent EAT decision.… Read more →
Bulletins
Male rights to enhanced shared parental pay clarified – for now A recent case has provided employers with helpful guidance as to whether they need to match enhanced maternity… Read more →
News
A wave of outrage has swept the media and Westminster in the past week, over the treatment of the Windrush generation and their family members. Squarely in the frame has been… Read more →
News
In Carreras v United First Partners Research, the Court of Appeal has upheld a decision by the Employment Appeal Tribunal (EAT) that an expectation that a disabled employee would regularly… Read more →
News
The annual round of changes to immigration fees today (6th April) has resulted in above inflation increases of around 4 per cent on average, increasing yet again the cost to… Read more →
News
International private wealth publication, eprivateclient, has reported on the promotion of Jonathan Achampong and Alison Hills to Partner. The promotions, which took effect on 1 April 2018, bring our total… Read more →
News
Partner in our Employment Team, Blair Adams, has commented for The Times’ Brief on NDAs and sexual harassment, after disgraced Hollywood Producer, Harvey Weinstein’s, former assistant speaks out against “morally… Read more →
Bulletins
New rules come into force on 6 April 2018 that will affect how termination payments are taxed and whether an employee can benefit from the £30,000 tax exemption. The overall… Read more →
News
As the case of a Pimlico Plumbing subcontractor reached the Supreme Court yesterday, a matter which could change ‘gig economy’ workers’ rights permanently, Blair Adams, Partner in our Employment team,… Read more →
Bulletins
Constructive guidance from the Court of Appeal in a disability case Employers are often faced with the difficulty of trying to understand what can be very mixed messages given by… Read more →
Mental Health
The statistics are everywhere and it seems everyone is talking about mental health, which is great news. However, it will not be easy for employers to tackle the challenges –… Read more →
Mental Health
The new ACAS guidance on mental health has placed a raft of new training, awareness and documentation responsibilities on employers, including responsibility for creating a workplace culture where staff feel… Read more →
Bulletins
A cultural shift appears to be underway in the public perception of sexual harassment and misconduct and the treatment of those making accusations. The exposure of allegations against prominent media… Read more →
Bulletins
Fewer than 6% of organisations have submitted their gender pay information ahead of the 5 April 2018 deadline, according to a Financial Times report on 7 January 2018. Employers in… Read more →
Bulletins
In many organisations across Europe, HR teams will be integral to GDPR compliance as much of the data affected by the new law will relate to employees. Time is running… Read more →
News
Almost exactly one month ago, the UK Visas and Immigration Department held a meeting to determine the distribution of restricted certificates of sponsorship to employers. Such gatherings are a regular… Read more →
Bulletins
2017 saw a number of major themes in employment law: the cancellation of Tribunal fees; the push back against the treatment of individuals engaged in the gig economy; and the… Read more →
Bulletins
The festive season is now upon us. It offers a wonderful opportunity to reward staff and to catch up with colleagues and clients in a more relaxed atmosphere as people… Read more →
Bulletins
Conduct regimes that hold bankers accountable for their actions are becoming more popular across jurisdictions. Richard Isham and Fiona Rushforth, partner and senior associate respectively at law firm Wedlake Bell, examine the Australian… Read more →
Bulletins
We’ve seen a spate of cases recently dealing with employment status in the gig economy (see our update on Uber’s appeal outcome here). In the latest case of this kind,… Read more →
Bulletins
Sexual harassment has dominated the headlines and social media over past weeks. Now, a new survey by the BBC has confirmed that the issue is not limited to Hollywood: more… Read more →
Following the banking crash in 2008, there have been consistent calls for increased intervention in the banking sector and in particular on holding senior management both responsible and accountable for… Read more →
Bulletins
In November 2016 we reported on the Employment Tribunal’s (ET) ruling against Uber that its drivers should be classed as workers and not as contractors or self-employed. Uber appealed the… Read more →
News
“Employers should provide clear avenues for complaint in a sexual harassment policy, with alternatives in case the harasser should be in management.” Adam Grant, our Head of Employment, was… Read more →
Bulletins
2017 has seen a surge in cases being brought by individuals working in the “gig economy” claiming that they are workers and not self-employed. In March, we reported on the… Read more →
Bulletins
With the FCA consultation now underway and the broad structure of the SMCR regime more or less established, some difficult questions emerge. This article thinks ahead to implementation and explores… Read more →
Bulletins
In this article Employment Partner Blair Adams and Pensions Partner Clive Weber jointly comment on the important Court of Appeal decision in IBM v Dalgleish on 3 August 2017 (IBM Decision)… Read more →
Bulletins
A recent survey by health provider Bupa has reported that younger workers are at risk of “burnout” early in their careers because of the pressure they feel to check emails… Read more →
Bulletins
In a monumental decision handed down today, the Supreme Court has found that the current Employment Tribunal fees regime (Fees Regime) is unlawful. The immediate consequence is that the Fees… Read more →
Bulletins
Shared Parental Leave (SPL) was introduced in April 2015. SPL allows leave to be shared between parents following the birth or adoption of a child. SPL sought to challenge the… Read more →
Bulletins
Any attempts by the BBC to enforce a pay cut for male employees would be unlawful, lawyers said yesterday. The only option would be for male stars to agree to… Read more →
Bulletins
There are two types of legal professional privilege (LPP): i. Legal advice privilege – which arises in relation to the giving or receiving of legal advice that is confidential; and… Read more →
Bulletins
The Financial Conduct Authority (FCA) is currently consulting on the extension of the Senior Managers, Certification and Conduct Rules regime (SMCR) to all authorised firms operating in the financial services… Read more →
Bulletins
Sexual harassment in the workplace is in the spotlight after widespread publicity of claims by a former employee at technology firm Uber. Adam Grant and Jemma Pugh at legal firm… Read more →
Bulletins
In a recent case involving the Government Legal Service, the Employment Appeal Tribunal (EAT) upheld the decision that a job applicant with Asperger’s syndrome suffered indirect disability discrimination when she… Read more →
Bulletins
Tusk the man/Tusk the Album: Mr Tusk, like the Fleetwood Mac album that bears his name, may have been born for a particular time and place – following “rumours” of… Read more →
Bulletins
On 29 March 2017, the PM’s letter to Donald Tusk, President of the European Council, notifying him of the UK’s intention to leave the EU, was delivered. What was in… Read more →
Bulletins
Organisations employing EU nationals in the UK must tread carefully on the path to Brexit or face discrimination claims or reputational damage. Wedlake Bell’s Julia Jackson and Laura Conway offer… Read more →
News
Wedlake Bell is pleased to announce that Kim Lalli has been elected as the firm’s Senior Partner. This will be for a four year term that begins on 1st January… Read more →
Bulletins
In the recent case of Newcastle upon Tyne NHS Foundation Trust v Haywood, the Court of Appeal (the Court) set out guidance on when exactly the notice period starts to… Read more →
Bulletins
In the past few months, a series of legal cases have been brought, and threatened, in the gig economy sector. The three major cases heard so far – against Uber, CitySprint… Read more →
Bulletins
Worker category Minimum wage per hour (1 October 2016 to 31 March 2017) Minimum wage per hour (from 1 April 2017) National living wage (workers aged 25 and over)… Read more →
Bulletins
Type of compensation Before 6 April 2017 From 6 April 2017 Limit on a week’s pay for calculating (i) statutory redundancy and (ii) the unfair dismissal basic award £479 £489… Read more →
Bulletins
The Department for Work and Pensions (“DWP”) has published a report, with help from over 30 leading employers, called ‘Fuller Working Lives: A Partnership Approach’. The Report explains the benefits… Read more →
Bulletins
The Upper Tribunal has recently given its decision in an interesting case concerning inheritance tax (“IHT”) and pension schemes. The case turned on very specific facts, including importantly, that the… Read more →
Bulletins
Lloyds’ decision to ban drinking during work hours has drawn much attention, but what is the law? Lloyds’ recent decision to adopt a zero-tolerance approach to drinking during working hours… Read more →
Bulletins
By majority of 8 to 3 the Supreme Court (SC) has held that the Government does not have the power, under our unwritten constitution, to serve Article 50 Notice to… Read more →
Bulletins
Background The scope of trustees’ investment duties has recently been considered by the High Court in Daniel & Ors v Tee & Ors [2016] EWHC 1538 (ch), with results which… Read more →
Bulletins
A recent survey by the Trade Union Congress (TUC) shows that sexual harassment in the workplace is widespread despite legislation outlawing it. Adam Grant and Jemma Pugh offer tips on… Read more →
Bulletins
There has been a recent decision in the Employment Appeal Tribunal (EAT) in relation to continuing childcare vouchers during maternity leave which may be of interest to those of you… Read more →
Bulletins
April 2016 sees a number of important changes to employment rates with the introduction of the National Living Wage (‘NLW’) and increases to compensation and redundancy limits. 1. National Living… Read more →
Bulletins
New Regulations, which come into effect in October 2016 provide that large employers will need to publish information on wage and bonus differences between men and women. The Regulations have… Read more →
Bulletins
The US Department of Justice (DOJ) say that they make $18 for every $1 spent investigating and pursuing breaches of the US Foreign Corrupt Practices Act (FCPA). Having virtually ignored… Read more →
Bulletins
A recent European Court of Human Rights (ECHR) case [1] has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. This is wrong.… Read more →
Bulletins
Dovetailing with the new pension flexibilities introduced in April 2015, and continuing in the spirit of “freedom of choice”, HM Treasury recently announced that from 6 April 2017 pensioners will… Read more →
Bulletins
The Modern Slavery Act 2015 (“the Act”) consolidates and updates protections against human trafficking and slavery. Although wide ranging, the most eye catching part of the Act for businesses will… Read more →
Bulletins
Social media has been a hot topic for businesses for a number of years now. As it increases in prevalence, many employers are keen to ensure that they manage their… Read more →
Bulletins
In the case of McMillan v Airedale NHS Foundation Trust (“McMillan”) the Court of Appeal has upheld a permanent injunction preventing an employer from increasing the disciplinary sanction it gave… Read more →