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Employment Law Blog

Changes to Holiday Pay

Ruth Rogers
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Many employers of irregular-hours workers will welcome a new change to the way holiday entitlement can be calculated and paid. For holiday leave years that begin on or after 1 April 2024, employers can use a new method for calculating holiday...

How do I deal with an employee who is regularly absent?

Ruth Rogers
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One of my employees is regularly absent for various different reasons. It’s never for very long – a day here, a day there – but he’s a key member of staff and it’s disrupting my business. It’s also annoying to other...

Legal 500 - Fantastic results for Harrowells

Peter Mills
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Each year Legal 500 publish a report focused on the quality of advice and nature of work undertaken by leading law firms in the UK, including our own. Legal 500 base their assessment, to a significant extent, on feedback given directly to Legal 500 by our...

Is 'Last In First Out' a fair method for selecting employees for redundancy?

George Sellers
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Due to the rising cost of living, employers are noticing a squeeze on consumer spending and are likely to become under pressure to save costs over the next 12 months and may be forced to consider redundancies. The ‘Last In First Out’ (LIFO)...

Some staff continue to work from home. I want them to return to the office. Can I enforce this?

Gillian Markland
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Some employees in my company have continued to work from home since the relaxation of Covid-19 restrictions. I want them to return to the office – can I enforce this? For both employers and employees, there are many benefits of working from home....

Is it too cold to work? What is your obligation as an employer?

Gillian Markland
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With the prospect of further periods of very cold weather this winter, many employees may be concerned that the office is too cold, and it would be better to work from home. Whilst some employers may be open to employees working from home...

What shouldn't I ask a job applicant at an interview?

Gillian Markland
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Recently a woman has been awarded £4,250 from a Domino’s Pizza store owner in an age discrimination dispute, after the prospective employer asked her how old she was during an interview. Mrs Walsh applied for a delivery driver role with the...

Government backs new law to provide additional paid leave to parents whose babies require specialist care after birth

Gillian Markland
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New proposed reforms will allow parents to spend more time providing crucial care for their baby instead of worrying about returning to work or the possibility of having to take unpaid leave. The Neonatal Care (Leave and Pay) Bill will allow...

Why are employers struggling to recruit and retain?

Gillian Markland
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At present, there is an unprecedented shortage of workers, and as a result employers are struggling to keep up with the demand of the economy. The two leading reasons for this shortage are Brexit and the COVID-19 pandemic. These events, both had a...

When can an employer be vicariously liable for the acts of their employee?

Gillian Markland
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A common principle of employment law is that employers can be held liable for the conduct of their employees.  However, a point of regular debate is when this liability arises, especially in the case of horseplay at work.  This was recently...

Annual update to Statutory Payments

Gillian Markland
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With the start of a new tax year comes the annual increases to various statutory payments. Between 1 and 6 April 2022, a number of payment increases will come into force and we have highlighted some of the most important ones for employers to be aware of. ...

Rooney v Leicester City - this one is about menopause discrimination, not football

Gillian Markland
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Even though more and more women over 50 make up our workforce, there is still a lack of understanding as to how menopause affects an employee experiencing it. The recent case of Rooney v Leicester City Council demonstrated how the effects of menopause could...

Are you paying your staff the correct minimum wage?

Gillian Markland
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Most employers would assume their staff are being paid National Minimum Wage (NMW). However, a key concern of the NMW arises from the deductions that employers make when calculating their workers’ wages, as this can leave a worker with pay that is...

How do I ensure I protect my LGBTQ employees against discrimination?

Gillian Markland
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Media discussions of discrimination towards LGBTQ individuals have raised many queries on how such intolerance can be combatted, especially in the workplace. Currently, LGBTQ people are protected from discrimination under either ‘sexual...

COVID-19 voluntary vs mandatory vaccination policies

Gillian Markland
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Since the roll out of the coronavirus vaccine, starting in winter 2020, the majority of people have taken up the opportunity to be immunised. However, a minority have shown some reluctance or declined to have it. For employers, unvaccinated employees could...

Do your recruitment and equal opportunities policies reflect our developing understanding of gender?

Gillian Markland
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Our understanding and perceptions of gender and sex have evolved significantly in recent times. The landmark case of Taylor v Jaguar Land Rover has now further developed our understanding of gender, and confirmed that those identifying as non-binary or...

Is your contract of employment compliant?

Abbey Ainslie
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The section 1 statement is the basis of all employment relationships and it is highly unusual that significant change arises in the law to affect this. However, in 2020 this is exactly what happened. With the return to more normal patterns of working, now...

Protecting your business from former employees - potential developments in the pipeline

Gillian Markland
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A non-compete clause is a type of restrictive covenant commonly found in employment contracts. Their purpose is to protect a business by preventing an employee from either (a) working for a competitor or (b) setting up their own competing business for a...

Self-employed or freelance staff? The Uber case and its implications for SMEs

Gillian Markland
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Does your business rely upon staff who you deem to be freelance or self-employed? If so, you would be well-advised to take a moment to review those relationships in light of the recent decision in Uber BV & othrs v Aslam & othr s. If, as in the...

Harrowells now has an office in Malton

Peter Mills
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Our Agricultural, Commercial and Private Client Teams have been successful in winning new instructions in the Ryedale area in recent months. As a result, we have opened a base in Malton so that we can more easily look after our clients and contacts in the...

IR35 and what this may mean for you

Gillian Markland
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A number of tax changes were due to be brought into force in April 2020, including those encompassed by IR35, which covers the relationship between organisations and any contractor using a personal service company (PSC).  Due to Covid-19, implementation...

How employers can prepare for attendance at an online employment tribunal

Gillian Markland
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Given the increased likelihood of having to defend tribunal claims, it is important that businesses understand the process and logistics of attending a hearing. This is arguably even more important now that many employment tribunal hearings are being...

Employee wellbeing: what are businesses legally obliged to do?

Gillian Markland
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With the impact of the Covid-19 pandemic changing the ways in which many work, employee wellbeing is coming to the forefront. Ensuring that employees are happy and fulfilled in their job roles can be an important contributor to productivity and,...

Are employers obliged to accept a request for flexible working?

Gillian Markland
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With the impact of the Covid-19 pandemic resulting in large numbers of employees working from home, many have found that they can work just as effectively as they did whilst in the office. Recent statistics and surveys have shown that many employees would...

What options can employers consider as an alternative to redundancy?

Gillian Markland
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Redundancies normally occur as a result of a business needing to cut costs or restructure existing roles. However, before deciding whether or not to dismiss an employee on the grounds of redundancy, there are other ways that a business could reduce its costs...

Have the redundancy rules been relaxed due to Covid-19?

Gillian Markland
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Have the redundancy rules been relaxed due to Covid-19? The short answer is no. Even though businesses are going through very difficult trading times, they must still comply with employment legislation when it comes to making redundancies. ...

All our offices are open for pre-arranged appointments

Peter Mills
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All our offices are open for pre-arranged appointments as well as for telephone or video meetings. Contact us as normal by phone or email and we will happily arrange a scheduled meeting to discuss your matter. Please bear in mind that, with...

Are redundancies the only option to save employee costs after the furlough scheme comes to an end?

Gillian Markland
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The Government has confirmed that the job retention scheme has been extended until the end of October 2020. From 1st August, furloughed workers will be able to return to work on a part-time basis and the Government expects employers to pay a percentage of an...

Points-based immigration going ahead despite Covid-19 disruption

Gillian Markland
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According to a recent Home Office update, the new points-based immigration system due to take effect from January 2021 is not on the back-burner with the Covid-19 pandemic, but set to go ahead as planned.  The new system will apply to EU and non-EU...

Managing risk of claims by employees when lockdown is relaxed

Gillian Markland
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As an employer, you will have been focusing heavily on the financial and operational implications of the rapid lockdown. However, to stay ahead of the curve, you need to start thinking now about the many practical aspects of a potential relaxation in the...

Employment Law Update April 2020

Gillian Markland
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  Employment Law Update April 2020 We live in challenging times. The Government is taking steps to keep the economy going during the COVID-19/coronavirus pandemic. Legislation is being enacted in weeks rather than years; guidance is being communicated...

Unwittingly triggering discrimination at work claims

Gillian Markland
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Equal opportunities legislation was introduced to provide a level playing field for everyone, so that every individual has the same opportunity for employment, training, pay and development as any other, irrespective of their...

Why you should have a Staff Handbook

Gillian Markland
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A Staff Handbook is a written collection of an employer’s policies, procedures and practices which can cover a variety of topics including HR policies, employee code of conduct and operating rules. There is no legal requirement to have a Staff...

Protecting your business from employees who resign

Gillian Markland
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Key employees who work directly with clients and have access to confidential information can pose a risk to a business when they choose to leave. It is crucial that you do what you can to protect your interests. If not, departing employees...

Itemising hours worked on payslips

Gillian Markland
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What’s on your payslip? If you pay members of staff a variable amount based on the time they work, you need to know that the way you draft your payslips is changing from April this year.  As we have mentioned at recent seminars, from April you...

Brexit - Making your business resilient

Matt Rowley
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We are all aware that the process of ‘Brexit’ is likely to involve considerable change whatever the short term and longer term outcomes. The challenge for business owners and senior managers is deciding how to prioritise and plan. Trying to...

Avoid Bank Holiday complications

Gillian Markland
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With a positive flurry of Bank Holidays in May, we thought it topical to remind employers how best to avoid some unwitting complications in relation to Bank Holiday allowances. Employees do not have a statutory right to take time off at Bank Holidays, nor is...

Keeping on top of recent changes to employment rights

Gillian Markland
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In addition to increases in the National Minimum Wage, employers need to remember that April brought in a number of other important changes, including those relating to termination payments, statutory family-related pay, sick pay and redundancy pay. To...

Useful GDPR summary aimed at smaller businesses

Gillian Markland
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If you are responsible for HR in your organisation, you will hopefully have locked onto the fact that new data protection rules (GDPR), coming into force on 25 May, have an impact on how you store and use employee and other personal data.  There is a...

The scope of the 'without prejudice' rule and when to use it

Gillian Markland
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A recent case will serve as a warning to employers when having 'without prejudice' conversations that they cannot select which parts of such conversations they rely on whilst, at the same time, argue that other parts cannot be relied upon. In the...

Harrowells helps women prisoners learn about employment rights as part of rehabilitation

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Women prisoners had a chance to learn about their employment rights when they return to work, thanks to voluntary community work led by Harrowells employment law partner, Marie Horner. Around 17 inmates at HM Prison Askham Grange, Askham Richard, attended a...

Podcast on what GDPR means for employers

Gillian Markland
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More and more business owners and managers are becoming aware that new data protection rules (known as 'GDPR') come into force in May next year. What is not always appreciated is that the rules cover all aspects of personal data and that...

Start planning now for new data protection rules

Gillian Markland
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New Data Protection Rules. They impact on every aspect of your business, from HR to marketing, so start planning now New rules concerning the storage, handling and use of data by organisations come into force in May next year – by virtue of the...

Can an employer monitor content of employee personal messages?

Gillian Markland
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Can an employer monitor the content of an employee’s personal messages sent from a work email account? Probably not. A recent decision of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania has overturned an earlier...

Ask all job candidates the same questions about care responsibilities

Gillian Markland
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A recent successful compensation claim against the Japanese Consulate in Edinburgh highlights why it is important to ask all job candidates, male and female, the same questions about care responsibilities and how such responsibilities might affect...

Holiday Pay - the final decision on commission...for now!

Gillian Markland
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The decision is in. The Supreme Court has refused permission for British Gas to appeal the holiday pay case brought by Mr Lock. What does that mean for employers? Essentially it means that any employees who earn results-based commission must have that...

Blurred lines - employee, self-employed or worker?

Gillian Markland
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In light of the 'Uber' and 'Citysprint' Employment Tribunal decisions and the very recent 'Pimlico Plumbers' Court of Appeal decision, it is clear that 'Worker' status is highly topical, evolving and a potential pitfall for...

Tribunal rules council guilty of constructive dismissal of trainee solicitor

Gillian Markland
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A trainee solicitor, who was bullied by his training principal and legal manager at a district authority in North Yorkshire, secretly taped review meetings where he was intimidated, an employment tribunal heard.  David Bowes, 27, discreetly taped...