Archives

Archives / 2016 / June
  • What the future holds for employment law following #Brexit

    Tags: Employment Law, Brexit

    As the nation still reels from the result of the EU Referendum, regardless of how you voted, it's safe to say the UK now enters a period of uncertainty over Brexit.  Whilst the news reports that negotiations for Brexit will commence shortly, it is predicted that it will take at least two years for the UK to officially leave the EU.  It is therefore likely to be some time before the ramifications of the decision made by the majority of voters is known.

    Prior to the referendum, we published an article on what Brexit could mean for employment law. If you missed it, check it out here.  Being part of the EU means that the UK currently has to create legislation which is compatible with EU law.  With that set to change, this gives the Government the opportunity to review … more

  • Discrimination claims and uncapped awards

    Tags: Discrimination, Grievance process, Employment Law, Employment Tribunal

    The recent headlines in relation to the undisclosed settlement figure between Eva Carneiro and Jose Mourinho and Chelsea Football Club may have been unsettling for some business owners. The prime reason for the large settlement (excluding the issue of reputational damages) was the fact that Ms Carneiro brought claims for sex discrimination (being removed from the first team) and harassment (the use of derogatory language relating to her gender). 

    Currently compensatory awards for employees succeeding in an unfair dismissal claim are capped at the lower of, 12 months’ pay or £78,962. This brings some comfort to employers who employ high earners. The position is different for discrimination claims where awards are uncapped and, can lead to the demise of a company.   … more

  • Football's coming home…managing your staff during Euro 2016

    Tags: Employment Law, Absence Management, Euro 2016

    The majority of the Country will soon be inundated with football talk as Euro 2016 kicks off on Friday 10 June 2016.  With a full month of games, even those with little or no interest in the sport will find it difficult to avoid the frenzy that with comes with such occasions.  Love it or loathe it, many employers will be faced with difficulties during this period, with an increase in last minute holiday requests, sickness absence or staff asking to finishing early.  Perhaps the most problematic for employers will be staff accessing the internet during working hours to keep an eye on the score.  

    Here I take a look at some of the key issues employers may face and offer some guidance on managing your staff during this period.

    Holiday requests

    Some staff who wish to … more

  • Absence management: is your employee really sick?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Sickness Absence

    Let’s be honest here, it’s likely that some of you reading this will know of someone who has ‘pulled a sickie’.  As an employment lawyer, I’ve heard all manner of ‘justifications’; “the weather was nice”, “my holiday was refused”, “I knew they’d say no if I asked for time off at the last minute” ...  A recent ruling in the Employment Appeals Tribunal (EAT) gives hope to employers everywhere that they can take action against an employee who has ‘pulled a sickie’.

    Now everyone knows that you cannot punish an employee for being sick and, likewise, employers (hopefully) know their staff are not invincible and do on the odd occasion become sick.  In fact, many employees drag … more

  • Discriminatory dress codes; just how far can an employer go?

    Tags: Discrimination, Employment Law, Employment Tribunal

    Over the last few weeks, a few stories have hit the headlines which have, naturally, sparked the interest of many.  These relate to the dress code and appearance requirements of some employers which are potentially discriminatory.  Here I take a look at the reported stories and offer insight into why the requirements are potentially discriminatory.

    High heels

    The first of the stories to hit the headlines was that of Nicola Thorp who was sent home by a firm for refusing to wear high heels at work.  On her first day as a receptionist, she objected to being required to wear high heels as she would spend the majority of the day on her feet.  Ms Thorp was told to either go and purchase some heels or be sent home without pay.

    So, it is legal to require staff to wear … more

LATEST LEGAL UPDATES:

  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds