News @SCESolicitors: posted by Samira Cakali (formerly Ali) aka Legal Eye Sam

I try and bring all interesting case law and all changes in legislation to your attention in a simplistic form. I hope you enjoy reading my posts and please do leave your comments. If you would like to get our monthly newsletter please email me on samira.cakali@scesolicitors.co.uk. Please note that the information in these blogs is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with us or other professional counsel before acting on the information contained here.

  • What do Millennials Want?

    Tags: millennial

    If you want your business to succeed in the digital age – you’ll need to recruit millennials. But first you need to understand how they differ from employees from previous generations. Born towards the end of the twentieth century, millennials are the first truly digital generation. For them, social media and smartphones are a natural part of everyday life. Where others try to keep up with new developments, millennials are ahead of the game. So, when it comes to recruiting millennials, what do they look for in employers? Our Emma Roberts gives employers an insight.

    The opportunity to fulfil their potential 

    Millennials don’t work for employers, they work with employers. They are in control of their own lives, and they see employers as an opportunity to realise … more

  • How to handle staff requests for leave this Christmas

    Tags: Christmas; Holidays; Families; Religion; Sex discrimination;

    With the festive season fast approaching, employers will no doubt be considering a plethora of holiday requests from their employees. It is essential therefore that, to avoid any claims under the Equality Act 2010 or the Working Time Regulations 1998, employers should carefully consider whether their holiday policies are up to date.  

    Prioritising employees for time off isn’t necessarily a good thing. Many employees will request the same days as holiday over the upcoming festive period. As employers have the right to balance requests for holidays from their employees with the operational requirements of the business, it may not be possible to allow everyone to take time off at the same time. Unfortunately, an employer cannot make everyone’s Christmas wishes come … more

  • Without prejudice, pre-termination discussions and waivers

    Tags: without prejudice

    Without prejudice discussions can be a useful tool for employers when attempting to resolve a dispute with an employee. However, simply labelling the discussion as ‘without prejudice’ does not necessarily mean that it cannot be revealed later at Tribunal. This was the finding at the EAT at a case we recently dealt with. 

    Background

    In Graham v Agilitas IT Solutions Ltd, the EAT had to consider whether an employer could rely on parts of a ‘without prejudice’ discussion and/or a ‘protected conversation’ to take disciplinary action against an employee, while at the same time relying on privilege to shield its own conduct during part of the conversation. 

    Mr Graham was a sales director for Agilitas and a shareholder in the company. Over the … more

  • Christmas Re-visited

    Tags: Christmas

    Around this festive period there are so many employment law issues that could potentially arise. It is also considered to be a time of reflection and tradition and so to celebrate we have gone through our back catalogue of articles and selected several that we believe are the most useful and interesting to you.  

    Top 10 employment tips for businesses during Christmas 

    Christmas parties: Avoiding employment issues 

    Have yourself a merry little, stress-free Christmas party! 

    Aftermaths of the Christmas Party: Vicarious Liability 

    Other articles which we believe have relevance at this time of year include:

    Managing absence: Hurricane Ophelia 

    Whilst we don't believe that we are expecting a hurricane; weather disruptions might be something … more

  • Tis’ the season…to be inclusive!

    Tags: Christmas, Inclusion, discrimination

    The holiday season is in full swing at SCE Solicitors. We’ve had a festive team photo-shoot, arranged our upcoming secret Santa exchange, and we have a team holiday meal planned for next week. 

    Whether you’re celebrating Hanukkah, enjoying the festive period of Christmas, looking forward to ringing in the New Year or just enjoying the seasonal snow flurries, one thing you’re sure to be surrounded by at this time of year is festive food. 

    One of the many things we pride ourselves on at SCE Solicitors is inclusivity. When we considered options for our team meal, we looked to restaurants that would accommodate the variety of dietary requirements of our staff (gluten-free, vegan, pescatarian, halal, nut-free). It’s important to ensure that no-one feels … more

  • Countdown to Christmas #SCEadventTips

    Tags: tips, Christmas

    It’s the first of December and I think most of us will agree, even if many of us are simply conceding, that Christmas 2017 has now started.  There are many of us that love it, with others loathing it and varying degrees in between.   

     

    As part of our count down to the big day, we have created our #SCEadventTips to be posted on our social media channels providing you with a mix of Employment Law reminders and Christmas suggestions.  We hope you find them useful and we encourage you to share them with your colleagues, friends and family. 

    You can find us at the following places on social media - 

          https://twitter.com/SCESolicitors     https://www.linkedin.com/company/2610246/      … more

  • What is required of employers to prevent modern slavery?

    Tags: Employment Law, The Modern Slavery Act 2015

    Since its recent introduction, the Modern Slavery Act 2015 (MSA 2015) has sought to incentivise businesses to tackle the issue of modern slavery. It brought with it the introduction of three new offenses:

    1. Holding people in slavery or servitude or requiring them to perform forced or compulsory labour;

    2. The arranging or facilitating of human trafficking, arranging the travel of people with a view to exploiting them; and

    3. Committing an offence with the intention of human trafficking, including aiding and abetting.

    One way the MSA 2015 seeks to bring an end to modern slavery is by way of transparency. The MSA 2015 requires that businesses which provide good or services with an annual turnover of £36 million or more publish an annual statement which discloses the steps they … more

  • Ensuring your Workplace Offers an Inclusive and Supporting Environment for Trans Employees

    Tags: Discrimination, Equality Act 2010, Employment Law

    New research undertaken by ACAS, Supporting Trans Employees in the Workplace, published in August 2017, exposes that employers are failing in their efforts to understand the issues concerning their trans and intersex employees. 

    Whilst transphobia and discrimination are extensively reported, little research has previously been conducted into the experiences of trans or intersex employees in the UK, which has larger implications for both managers and employees in the workplace. 

    Legal obligations as an employer:

    Gender Reassignment is one of nine protected characteristics covered by the Equality Act 2010 (EQA). The EQA provisions concerning gender reassignment discrimination, harassment and victimisation in the workplace protect a wide range of individuals during all stages … more

  • Employment Appeal Tribunal (EAT) uphold Uber drivers are workers

    Tags: Employment Law, Workers, Employment Tribunal

    Most of you will recall that in August 2016 we reported on the first instance decision where Uber drivers were held to be workers as opposed to being self-employed. If you missed the article, which broke down in layman’s terms the categories of employees, works and self-employed, you will be able to read it here.

    Uber appealed and here at SCE we have been eagerly awaiting the EAT decision, it came in early last week, and confirmed the employment tribunal decision.

    While the employment rights granted to drivers is limited to holiday pay (5.6 weeks paid leave), National Minimum Wage (NMW) and a maximum of a 48-hour working week for businesses that aren’t expecting, or haven’t budgeted for, this cost can be substantial.

    Uber intends to appeal the decision and the … more

  • Don’t get spooked by employment law this Halloween

    Tags: Employment Law, Employment Tribunal, Halloween

    It is no surprise that Halloween is one of the holidays that nearly everyone celebrates. 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 the 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 … more

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