Employment Law

Drug and Alcohol Testing in the Workplace

We are often asked if such testing is lawful.  Like most things if the action is not proscribed by law and the individual consents then the proposed action is lawful. So providing the employer goes about testing in the right way all will be fine. The...

Can the suspension of an employee give rise to a claim for breach of implied trust and confidence?

The short answer is maybe! It has long been the staple line in every letter suspending an employee that the suspension is a 'neutral act', it is not a disciplinary act, nor does it imply any evidence of guilt. Where an employee is suspected of...

Government Proposals to change Non Disclosure and Settlement Agreements

Recently Non Disclosure Agreements (NDAs) have suffered an extremely bad press.  This is particularly the case in the context of the hashtag 'Me Too' movement and the alleged (we use that word advisably) sexual impropriety and attempted cover...

The Biggest Reform of Employment Law in 20 years

"The Biggest Reform of Employment Law in 20 years"…….. and what to look out for in 2019. The "Good Work Plan", which has recently been published by the Government, has been hailed by some commentators to bring about...

Obesity as a Disability?

As part of World Obesity Day a campaign has been launched to end the stigma of obesity.   Whilst obesity in itself is not specified as a protected characteristic within The Equality Act 2010, the effects or causes of obesity may well result in an...

Hidden Disabilities - How aware are you as an employer?

Most employers are aware of their legal obligations under the Equality Act, and would not blatantly discriminate against an employee who has a disability. When the disability is a physical one, it is usually more obvious to the employer, but mental...

GDPR How's it all going? An Update 2019

The General Data Protection Regulation came into force on the 25th May 2018 amongst much fanfare and the UK's new Data Protection Act 2018 arrived on the same date with a little squeak.  The purpose of the GDPR from Brussels was to update and...

National Living Wage Increase April 2019

National Living Wage Increase - Great news for employees, but what about employers? Chancellor Philip Hammond recently delivered the Autumn 2018 budget.  Within his budget he included measures to follow the recommendations made by the Low Pay...

Love is in the Air at Work...

If you are a hopeless romantic, the prospect of 2 work colleagues getting together, falling in love and living happily ever after is a fairy tale come true.  As we spend much of our adult life in work, romantic relationships between colleagues is...

Can you be liable as an employer for the actions of one of your employees

"Tis the season to be jolly" - but can you be liable as an employer for the actions of one of your employees?

The sobering answer to this question is potentially yes.  This very issue has recently been tested by the Court of Appeal in the case of Bellman v Northampton Recruitment Limited.

HR and Employment Seminar - 'Time to say Goodbye'

How to manage the exiting employee, and Farewell Data Protection Act and welcome to the General Data Protection Regulations (GDPR) Thursday 23rd November 2017 5.00pm - 6.30pm Guyers House, Corsham, SN13 0PS Kevin Basnett, Managing Partner and Angela...

What impact will the EU referendum result have on UK employment law?

The EU referendum vote on the 23 rd June 2016 is undoubtedly a historic landmark in British political history.  Whether you were in the ‘remain’ camp or the ‘Brexit’ camp, the country has made its decision.   The next few...

Travel to work ruling: What's it all about and who does it affect?

Last week the European Court of Justice made a ruling that those employing workers who had to travel to get to or from their first or last appointment of the day were required to count time spent travelling as ‘working time’ and as part of their...

The National Living Wage: What's it all about?

The idea behind the National Living Wage is to provide over 25 year olds with a wage that is high enough for workers to have a ‘normal standard of living’. That means being able to afford everyday things like food, transport and paying bills. ...

Employment Tribunal fees are here to stay... for now!

On the 26 th August 2015, the Court of Appeal dismissed the challenge brought by Unison against the introduction of fees in the Employment Tribunals and the Employment Appeal Tribunal; R (Unison) v Lord Chancellor and another [2015]. Unison argued that the...

National Minimum Wage: Underpayment Penalty

First proposed on the 15 th January 2014, today (26 th May 2015) the Government has now increased the maximum financial penalty for underpayment of the national minimum wage from £5,000 to £20,000 per worker. The Government, via HMRC and BIS,...

Zero Hours Contracts: Exclusivity Clauses Update

The much amended and supplemented Employment Rights Act 1996, the cornerstone for UK employment legislation, has grown a bit more with the introduction of Sections 27A and 27B on 26th May 2015 which bring into effect the result of the consultation on...

Employment Tribunal Fees & Claims: What the Political Parties Say

With the general election on the horizon, we thought it may be interesting to read about what the parties say about the Employment Tribunal system. Employment Tribunal fees were introduced in July 2013. The fees mean that employees who want to pursue a...

The EAT finds linking a bonus entitlement to sickness absence was disability discrimination

Employers looking to retain staff often operate management incentives; the most commonly offered incentives are bonus schemes. The majority of employers operate discretionary schemes dependent on a range of factors; individual or company financial...

Sports Direct faces multi million pound claim from zero hours contract workers

Zero hours contracts have been at the source of much debate recently. They could be described as the Marmite of the employment world! Loved for their flexibility, hated for their irregularity. The debate continues, fuelled by the recent news that Sports...

The Fit for Work Service

Until the 6 th April last year, under the Statutory Sick Pay Percentage Threshold Scheme, employers were able to claim a refund from HMRC  where the Statutory Sick Pay paid in that month exceeded 13% of their monthly national insurance...

Goughs First HR Forum: A successful and interactive discussion on the Shared Parental Leave regime

The Goughs HR Forum held its first meeting on Thursday last week at the Angel Hotel in Chippenham . The event was well attended and saw guest speaker, Richard Owen-Thomas, a leading barrister from 3 Paper Buildings Chambers, explaining some of the...

Disqualification by Association

Under the Childcare Act 2006 and the Childcare Disqualification Regulations 2009 there is now an additional onus on schools to ask staff who work with children up to the age of 8 to disclose information with regard to a person who lives or works in the same...