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The 'List of Issues' is an essential document in Employment Tribunal proceedings. It outlines the key questions the Judge and panel will address during the hearing, ensuring the trial remains focused on the claimant's claims. The...
Navigating the world of employment law can be challenging, especially when dealing with Employment Tribunal claims. Striking out a claim in this context can be difficult because tribunals prefer not to dismiss claims outright, particularly when the...
When disputes arise between employers and employees, Employment Tribunals serve as a key platform for resolving conflicts. The Tribunal's decision, referred to as a Judgement, is legally binding and aims to reach a fair and equitable outcome for the...
Nicola Hinds' recent legal victory against her former employer, Mitie, has shone a spotlight on the issue of maternity and pregnancy discrimination in the workplace. Nicola Hinds successfully pursued a discrimination claim (and constructive...
Employers who harness software to help manage productivity and other employee activity may find themselves inadvertently overstepping data protection regulations. Electronic monitoring of employees has risen in tandem with the increase in home working...
There are many steps to consider when bringing or defending a tribunal claim, including preparing witness statements. What is a witness statement? Both claimants and respondents will almost always have a witness to the relevant proceedings. This...
Settlement Agreements are often utilised to help manage the exit process when an employee leaves their place of employment, especially in redundancy and dismissal situations. By signing a Settlement Agreement, the employee agrees to waive their legal...
The recent resurgence of attention on the Sub-postmaster injustice has again thrust the Post Office into the spotlight. The ITV documentary 'Mr Bates vs The Post Office' has sparked discussions on social media, shedding light on fundamental...
We are thrilled to announce the eagerly anticipated launch of our groundbreaking podcast, Peace of Pod, scheduled for the 26th of January! Brace yourself for an enriching journey into key legal and business topics, carefully curated to assist...
Facing redundancy can be a challenging and uncertain time for employees. It is crucial to clearly understand the redundancy process and your rights as an employee to ensure a fair and legally compliant procedure. In this article, we will delve into the...
As we move into the holiday season many workplaces may have started organising staff Christmas parties. While a Christmas party can be a great opportunity for staff to mingle and enjoy themselves, it is still an extension of the workplace and employers owe...
Status does not confer special protection regarding bullying or sexual harassment. Bullying has been hitting the headlines in recent weeks, demonstrating that no matter how high you fly, wings can be burned. It is behaviour that has seen Dominic Raab and...
It's no secret that adverse weather can impact businesses, employees, and their livelihoods. From icy roads to severe thunderstorms, extreme weather can disrupt normal operations and leave employers and employees with difficult decisions about how to...
New legislation set to tackle harassment in the workplace. New legislation is set to place greater responsibility on organisations to protect employees against harassment, including sexual harassment. Employers are being urged to prepare in...
New legislation set to tackle harassment in the workplace. New legislation is set to place greater responsibility on organisations to protect employees against harassment, including sexual harassment. Employers are being urged to prepare in...
Deciding to suspend an employee can be a stressful situation for any employer. Failing to follow the proper procedures can harm your relationship with the employee and may even lead to a tribunal claim. To help employers navigate this tricky aspect of...
Tattoos and body piercings can be a grey area with mixed opinions and attitudes. However, are employers allowed to judge an individual based on their tattoos and body piercings, or could that be seen as discrimination? A recent UK study carried out by...
As 2022 draws to a close we look back and summarise some of the key employment law developments of the past year. Holiday pay calculations for casual workers In July 2022 the Supreme Court finally handed down its judgement on the case of Harpur v Brazel ,...
As we near the end of 2022 some employers may be preparing to conduct annual end of the year performance appraisals. When done well, employee appraisals can be a valuable tool for employers. They give you a chance to provide feedback, address performance...
When an employer carries out disciplinary procedures and hearings, employees should attend in order to state their case. If an employee is unable to attend a hearing, the employer should make an effort to postpone the hearing to a new mutually convenient...
The Information Commissioner’s Office (ICO) has recently released new draft guidance for employers on monitoring employees. The latest guidance will replace the relevant sections in the current Employment Practices Data Protection Code and is intended...
When employees book holiday, it is generally understood by employers that requests can be refused for legitimate reasons or they can request employees to take holiday for specific dates and time periods – but what about pre-booked leave. Can an...
In the wake of the Great Resignation comes a new phenomenon that may be of concern to many employers: “quiet quitting.” Quiet quitting is when employees only perform the minimum that is required by their contract of employment and no more. Such...
Using an unpaid work trial is a practice that is often used by businesses as part of their recruitment process. Employers may wish to examine if the potential employee can demonstrate the required skills for the role and handle the pressure in a real working...
In July the Supreme Court delivered its long awaited judgement in Harpur v Brazel . This case settled the question of how to calculate holiday for part-year workers. Employers who engage casual workers (also known as or zero hours or bank workers) may now...
We are delighted to announce that on Friday 1 st July 2022, the Warner Goodman LLP Peace of Mind team were awarded with a “Highly Recommended” award at the LawNet 2022 Awards, in the Team of the Year (Business Law) category. The...
When victimisation occurs in the workplace it lowers employee morale, contributes to a harmful working environment, and may lead to costly tribunal claims. This article discusses victimisation and some things employers can do to help prevent it. Equality...
The discussion of flexible working and work-life balance has increased across all industries, especially resulting from the COVID-19 pandemic. We are often asked for advice by clients about how they should deal with various requests tied to flexible working,...
The Disclosure and Barring Service (DBS) allows employers to review criminal record information about current or potential employees in order to help judge their suitability to work in certain roles. The DBS provides four different levels of criminal records...
We often get asked about whether employees are entitled to make changes to their working practices, and if we make changes for one employee whether there is an obligation to do the same for others because a precedent has been set. Questions vary from whether...
Garden leave is one method employers can use to protect their business interests when an employee leaves their employment. When an employee is placed on garden leave they may be restricted from attending work, contacting customers and performing their normal...
There are many reasons as to why an employee may leave their employment, including redundancy, poor performance, or simply a desire for change. Whatever the reason, leaving a job can be a stressful process, even for those at the top of the corporate ladder....
Finding out your employer is going into administration can be very stressful and will likely raise many questions about the future. Our Employment Law team here discusses how employees’ contracts of employment and rights are affected by...
In these difficult economic times many employees may find themselves facing redundancy. If you are offered a settlement agreement due to redundancy, it is important you understand your rights and the rights you could be waiving should you sign the...
In our current climate, businesses are having to make the difficult decisions to make their employees redundant in light of having to reduce their size, restructure, close or as the furlough scheme comes to an end. As an employee, it is important that...
In order to bring a claim against your employer at an Employment Tribunal (ET), you must complete an ET1 claim form. It is vital that you complete this form correctly, as once your ET1 form has been sent, you cannot change anything on it unless you get permission from the ET. You may wish to amend your claim form due to an error in your initial submission, or because more information has come to light that wasn’t apparent before. Whether the ET will agree to amend the claim form depends on what the changes are and their significance to your case. In this article, our Employment team detail the facts that the ET will consider when deciding whether to allow amendments to a claim form and they examine the case that provides a guiding influence on the process.
If your employer has notified you that your role is at risk of being made redundant, they are obliged to consider whether there is the possibility of offering you alternative employment so as to avoid redundancy. You can refuse the role if one is found, but you should be cautious as doing so on unreasonable grounds will mean that you are not entitled to your statutory redundancy payment. In this article, our Employment team details what your employer must do to offer you an alternative role and for what reasons you can turn down the role and still receive your redundancy pay.
If you are considering bringing an Employment Tribunal claim against your former, current or a potential employer, you will have to go through Acas Early Conciliation before you do so. This is the process that employees and individuals are required to enter into before they are able to bring claim to an Employment Tribunal (ET). It is designed to try and resolve disputes, if possible, before they reach the ET; in this article, our Employment team details how to start the conciliation process and how long it could take.
While flexible working is a much more common occurrence than before, requests are not always granted. If your request is rejected, your employer could allow you to appeal their decision. In this article, our Employment team detail what criteria has to be met in order to first make a flexible working request, how you can appeal if your request is rejected and what you can do if your appeal isn’t successful.
It is well known that pregnant employees are entitled to time off to attend antenatal appointments, and rights for partners are now being extended. The introduction of Shared Parental Leave is one example, and rights to accompany a pregnant woman to an appointment have also been revised. In this article, the Employment team discuss who is eligible to attend antenatal appointments and what your employers might request from you.
If you are offered a settlement agreement by your employer, depending on your role and the circumstances of you leaving the business, it is likely it will include restrictive covenants. There are several types of restrictive covenant that could be included; in this article, our Employment team explains each of them, what makes them enforceable and if you can negotiate the restrictive covenants with your employer before signing your settlement agreement.
If a restrictive covenant is already in your employment contract, you can seek your employer’s consent to have it removed. Depending on the reason, they could refuse this request or it may be removed by an Employment Tribunal if they determine it is unreasonable.
Whilst employers are usually the ones to take the first step in offering a settlement agreement, it is possible to request a settlement agreement from your employer. In this article our Employment team detail what a settlement agreement is and what you need to consider when requesting one.
Non-disclosure agreements have been featured heavily in the news recently due to their controversial nature, and the legality of them is currently being questioned. Whilst NDAs are predominantly used by employers to protect confidential business information, there are certain things in which you cannot be prevented from disclosing, such as information that is already publicly available. Here, our Employment team discuss what else you may be able to disclose, some potential incoming changes to NDAs and why the use of them can be controversial.
Depending on your business, how you use social media and why you use social media, a social media policy should specify the appropriate language to be used on both personal and company profiles, who should be posting on behalf of the company, when employees can and cannot be accessing social media, as well as the sanctions if the social media policy is not adhered to. Here, our Employment team explain more about the detail that should be included within a social media policy.
Carers who are also in full time or part time employment have certain rights and protections, such as the right to time off for dependants and protection from associative discrimination. There are currently 6.5 million carers across the UK who are looking after the country’s most vulnerable people while also working.
This is a complicated area and one that will be dependent on various factors, including the details of your employment contract, when the contact was made and whether they were made due to your own individual efforts. When you leave your employment, LinkedIn could be a potential threat to your former employer as you can notify all of your contacts at the same time of your new position just by updating your profile, which could be a risk if your new employer is a competitor to your previous one.
Settlement agreements are increasingly being used by employers in dismissal or redundancy situations; after signing a settlement agreement an employee has waived their rights to bring a claim against their employer. While they are usually standard documents, it is important that the clauses are reviewed to ensure that they best suit their individual needs. Our Employment team reviews here the most common terms used in settlement agreements, and what you should do if you are asked to sign one by your employer.
Settlement agreements are commonly used to settle or waive any employment related claims an employee or worker may have against an employer. Our Employment team specialise in advising employees and workers on their rights regarding settlement agreements, and are regularly asked whether the payment they receive will be taxed. Here, the team answer this question, as well as advise on the next steps should you be presented with a settlement agreement.
If you feel you are being treated detrimentally, or you have been dismissed, due to reporting on your employer, you could have a claim for whistleblowing. Our Employment team reviews the two different claims you could have in this situation, and how you should proceed if you have questions.
With the continued rise in employers using restrictive covenants within employment contracts, it is important that employees are aware of their rights and responsibilities, from signing the contract of employment to their enforceability once they move to different employment.
If you have been dismissed or made redundant, you may be presented with a settlement agreement from your employer. These agreements are increasingly being used by employers in these situations as by doing so you are waiving your right to bring a...
Flexible working is becoming increasingly popular amongst employers and employees for various reasons; our Employment Law team here explains more about how you can make a flexible working request of your employer and what happens should your request be...
GDPR has been effective for almost six months now and the Information Commissioner’s Office (“ICO”) has prosecuted or taken other enforcement action (and imposed monetary penalties, enforcement notices, or demanded undertakings)...
Our Employment team are delighted to welcome a new Trainee Solicitor to their team; Pam Kamel. Pam has worked at Warner Goodman since 2015, beginning in the Residential Conveyancing team in Portsmouth before moving to the Commercial Property team as a...
Celebrations continue in the Southampton office of Warner Goodman as Gina McCadden has qualified into the Employment team. Gina joined the firm in September 2014 working as a Paralegal in the team. Prior to this, she studied law at the University of...
Howard Robson, Partner in the Employment department, explains the situations where a constructive dismissal claim may be an option, the steps you can take before you resign and how to proceed in your claim if things do not improve.
Mr Smith worked for Pimlico Plumbers for five and a half years, until he suffered a heart attack; the contract was terminated four months later. Following this, Mr Smith brought claims to the Employment Tribunal (ET) for unfair dismissal, wrongful dismissal,...
Tuesday 1st May is an important day for Chris Greep, who has been a Warner Goodman Trainee Solicitor for the last 18 months, as this is the day he becomes a Solicitor.
According to Francis Goss, chief commercial officer at consultancy AHC, employees, especially younger workers, do not understand their pension rights and could be risking their financial stability in the future.
An employment contract is a legal agreement between an employee and their employer. There are rules in place relating to changes of any of the terms of the contract. Here we explain how an employer can change an employee’s contract without their consent.
A New Year makes us all think about resolutions; some of us join a gym to get fit, some of us may wish to volunteer more, and apparently one in three of us would like to start a new career or change jobs.
Employees across the country are today warned to reconsider using their employer’s communications systems and their working time to send personal messages after the European Court of Human Rights (ECHR) ruled that companies could monitor workers’ communications online.
The use of restrictive covenants has grown significantly in recent years as our economy and job market improves, encouraging new business start-ups and heightened competition. The onus of proper use of restrictive covenants has tended to fall towards the employer, but employees must also be sure to act within the restrictions in their contract, otherwise they could face legal action such as an injunction or a claim for damages
The European Court of Justice has ruled against claims for maternity benefits by mothers whose babies were born through surrogacy in two cases just announced, with the decisions coming weeks after the UK has agreed legislation that will put both intending surrogate and adoptive parents on the same footing as natural parents from next year. Howard Robson, Employment Partner, reviews the two cases and the impact this has on employers and employees.
The Employment Team at Hampshire based law firm, Warner Goodman LLP, has recently expanded as Emma Wyatt becomes a fully qualified solicitor after completing her 2 year training contract with the firm.
Recent proposals from the Chancellor, George Osborne, for a new type of employee-employer relationship have Howard Robson, Employment Partner, wondering what impact, if any, these could have on employees and employers around the country.
In the last few weeks zero hours contracts have been in the focus of the media following the publication of various statistics which demonstrated that they are far more widely used than previously thought. In particular, statistics were released showing that workers on zero hours contracts earn, on average, £6 an hour less and that there are more than a million workers on zero hours contracts.
We all know that feeling, first day of the holiday and down with a hideous virus. Well, until recently an employee has had to pull up the duvet and hope for better luck next time a holiday comes around, unless their boss is sympathetic says Howard Robson, employment law partner at Hampshire based law firm Warner Goodman Commercial.
As with a lot of things in today’s world, an employment tribunal claim can be commenced at the click of a button, and at no cost. However, following Government responses to the Charging Fees in Tribunals and the Employment Appeal Tribunal consultations in July 2012, it is likely that from Summer 2013 there will be the introduction of a fee structure to the tribunal process.
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