Employment case law update June 2020
A number of key employment law cases of significance for employers have recently been decided. Unfair dismissal in redundancy Gwynedd Council v Barratt A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. A claim for unfair dismissal was brought by […]
Right to work from home: perk or new norm?
Following the coronavirus outbreak and UK lockdown, working from home has become prevalent across the economy. This shift towards a more flexible way of working brings both risks and opportunities for employers, who must ensure they meet their duties towards remote workers. Is there a right to work from home? Under current laws, there is […]
Employee refusing to return from furlough
With the recent relaxation of the lockdown rules, an increasing number of businesses are beginning to re-open in the UK, meaning that for employees who have been furloughed under the government’s Coronavirus Job Retention Scheme, their temporary leave of absence will soon be coming to an end. As employers respond to changes to the furlough […]
What are fair redundancy selection criteria?
The role of redundancy selection criteria is absolutely crucial in ensuring that any redundancy process is fair and lawful. The following guide focuses on how to choose and apply the most appropriate redundancy criteria for your company or organisation, including the risks for employers of getting this wrong. Identifying your pool for selection If you […]
Continuous employment: employer guidance
The continuous employment rules can play a crucial role in determining the employment entitlements of your workforce. It is therefore important to understand how these rules work and how they can potentially impact your decision-making when dealing with an employee’s workplace rights and terminating a contract of employment. What is continuous employment? Continuous employment refers […]
Flexible furlough scheme: how does it work?
The Coronavirus Job Retention Scheme (CJRS) is changing from 1 July 2020. Under the new rules, flexible furlough is permitted, allowing employers to bring employees who have previously been furloughed back into work for any amount of time and any shift pattern, while they remain on furlough for hours not worked. Changes also take effect impacting […]
Conducting remote disciplinary & grievance hearings
Following the enforced period of homeworking under lockdown, increasing numbers of employers are now considering the benefits of allowing remote working on a longer term, and even permanent, basis. With this development comes specific workforce management issues, such as whether disciplinary and grievance hearings can and should be conducted remotely. For employers, it is a […]
Age discrimination: employers’ guide
Age discrimination, also known as ageism, is one of the most common forms of unfair treatment at work. Discriminating against an employee because of age can have serious practical and legal implications for your business, even where the discriminatory practice or conduct is unintentional. The following guide looks at age discrimination in the workplace, and […]
Objective justification: discrimination defence?
When can an employer defend an act of either direct or indirect discrimination by reason of objective justification? As an employer, you are under a statutory duty not to discriminate against any member of staff, or even against a prospective job applicant. That said, there are some circumstances in which you may have a good […]
Employment case law update May 2020
A number of key employment law cases of significance for employers have recently been decided. Pregnancy discrimination Camara v East London NHS Foundation Trust A London Employment Tribunal has ruled in favour of an NHS trust employer in the case of Camara v East London NHS Foundation Trust. The claimant (Camara) had worked as an […]