Archives

Archives / 2016 / October
  • Will these legal issues scare employers this Halloween?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Halloween

    Halloween is definitely a ‘fun’ time of the year, as celebrations range from trick or treating, pumpkin carving contests, adult costume contests to parties with alcohol. For employees’ they all encourage interaction and workplace engagement but for employers’ they all open the door for potential liabilities and concerns. So what are the 5 top legal issues that employers need to be aware of to avoid a scare this Halloween?

    1. Discrimination against Pagans 

    Religion is simply defined by the Equality Act as “any religion”, and does not state the belief has to be a major religion to be protected. Therefore employers must take non-mainstream religions as seriously as they do with the major religions. 

    In Holland v Angel Supermarket Ltd and … more

  • Flexible working requests on return from maternity leave

    Tags: Flexible Working, Indirect Sex Discrimination, Employment Law, Employment Tribunal

    Flexible working requests are often misunderstood.  The legal right which presently exists is that employees have a right to request flexible working; it is not a right to work flexibly.  Recent case law has confirmed there is no obligation on employers to accept an employee’s request to work flexibly when they return from maternity leave.  As long as employers deal with such requests reasonably and have genuine business reasons for rejecting the request, the employment tribunal will not find fault with the decision. Here we take a look at two such recent cases.

    In Smith v Gleacher Shacklock LLP, Ms Smith requested to reduce her hours on return from maternity leave by working in the office three days per week, working from home on a Thursday and having Friday as a … more

  • When are post termination restrictions enforceable?

    Tags: Restrictive Covenants, Post Termination Clauses, Employment Law, High Court

    There is a common misconception amongst employers that if a contract is signed by an employee then the clauses contained within it, will be enforceable, regardless of the fact that a revised version might be substantially different. Where post termination restrictions, which predominantly relate to non-solicitation, non-dealing and non-competition, are unilaterally imposed, they may not be enforceable unless some form of consideration is paid.  

    This principle can be illustrated by the decision in Re-use Collections Limited v. Sendall & May Glass Recycling Ltd where Mr Sendall was initially employed by Re-Use, a glass recycling business with no written terms or conditions or post-termination restrictions. During his employment the company requested him to sign an employment … more

LATEST LEGAL UPDATES:

  • Advice for Employers on Accommodating Parents with Premature or Sick Babies

    Tags: Maternity Leave, Maternity Rights, Maternity Pay, Statutory Maternity Pay, Premature or Sick Babies, MAT B1, Maternity Allowance

    Every year, over 95,000 babies (or 1 in 8 babies born) are cared for in neonatal units in the UK due to premature birth or sickness. While some pregnancies inherently pose a higher risk for premature birth, such as twins and multiples, there is no guarantee a mother will be able to carry to-term.  

    Depending on how premature or sick the babies may be at birth, parents might find that their babies have to stay weeks or months in hospital, and some of these babies may continue to be at risk even after being discharged. In some cases, the babies may be transferred to a different or specialist hospital if the treatment or care they require is not available in the area in which they are born.  

    Maternity Leave: 

    Doctors and midwives must issue the pregnant … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds