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In this article we discuss what makes a fair dismissal. We look at the 5 potentially fair reasons for dismissal, the importance of policies and procedures, consistent treatment, and what is meant by the phrase “band of reasonable responses”. The legal test The Employment Rights Act 1996, section 98 (4)
A teacher who had recently returned to work and needed somewhere to express milk during the day for her baby was found to have been discriminated against when she was forced to use “dirty” toilets to do this. This is the case of a teacher, Ms Mellor, who had submitted
The Queen’s Speech in December 2019 announced a new Employment Bill, aimed at supporting workers and families by introducing measures which would encourage flexible working as well as support leave for those with caring responsibilities. However, with a global pandemic which then followed it meant that little progress was made
What is the case about? In accordance with the Equality Act 2010, victimisation is defined when one person treats another person to a detriment either because that person has carried out a protected act or the first person believes the second person has carried out, or may carry out, a
This month is stress awareness month; it is an awareness campaign that has been running since 1992. The Health and Safety Executive (HSE) defines work related stress as “the adverse reaction people have to excessive pressures or other demands placed on them”. We know from the latest research in the
The importance of careful and correctly worded allegations should not be underestimated. An invitation to a disciplinary hearing should set out exactly what the employee is being brought into the hearing to discuss and it must also be precisely the same reason that is given for any warning or dismissal
The mass scale dismissals carried out by P&O Ferries have led to a huge reaction from members of the public, trade unions as well as the Government. The company made a shock announcement to all 786 employees towards the end of March, in which they confirmed that their employment would
Employers are increasingly moving towards greater flexibility for those who are in the years leading up to retirement; whether it is to support those who wish to combine work with other activities, phase their retirement or simply work longer. Increased life expectancy, better health amongst older people and inadequate pension
Employers who discriminate on grounds of age are breaking the law. This article covers information specific to discrimination on grounds of age. The latest labour force survey, produced by the Office for National Statistics (published September 2021) found that: During 2020-2021, the rate of employment for those aged between 50
In March 2022, Helen Astill, Director of Cherington HR and HR Services Director of HR Solutions was asked to participate in a fireside chat to discuss the future of HR at the Breathe HR conference in London. The fireside chat was chaired by Jonathan Richards, CEO of Breathe HR and
It is vital that employers build an inclusive culture supporting all employees, regardless of their gender identity or any other protected characteristic. Everybody has the right to equal access to employment, promotion, equal pay and training and development, no matter how they identify themselves, or regardless of any protected characteristic
On 15 March 2022, the Ukraine Family Scheme was opened for applications. The Ukraine Family Scheme is for those with immediate and extended family members of either British nationals or those who have settled status in the UK, as well as other residents. For those who are granted their visa
Have you downloaded your free SME Business Survey report yet? More than three quarters of SMEs predicted their turnover is set to increase over the next 12 months, according to our SME Business Survey. The second annual SME Business Survey, which we launched last year during the pandemic, showed that
We will be hosting a virtual Employment Law Seminar on 23rd March. Back by popular demand, our Employment Law Seminar will cover recent and forthcoming changes to UK employment law during the session, which will explore the recent changes to the immigration rules and discuss the topic of COVID –
Welfare meetings are generally held with employees who have a health condition, illness or injury which is either having a significant or long-term impact on their performance or attendance. They most commonly occur when an employee has been on sickness absence for a prolonged period although they may also be
A sole trader has been fined by the HSE for failing to plan, manage and monitor construction work being carried out under their control. Chelmsford Magistrates’ Court heard how Rytis Tamasaukas was carrying out extensive refurbishment works to extend a detached property in Chigwell, Essex. The Health and Safety Executive
On the 21 February 2022, two years on from the start of the pandemic, the government announced its plan for England, for how we are to live with COVID-19 going forward (the devolved governments of Wales, Scotland and Northern Ireland set their own COVID-19 plans). It now means that the
The war in the Ukraine is deeply worrying and upsetting for everyone worldwide and many people will be feeling great anxiety about the unfolding situation and what may happen next. For employers, there they will also want to do all they can to support their employees’ safety, but how? Firstly,
There is no legal definition of ‘long-term’ absence so it is up to the employer to decide at what point such absences need to be formally reviewed. Often a trigger procedure that alerts you once an employee has been absent for an unbroken period is put in place, typically set
In February we brought you the news that Sajid Javid, the Secretary of State for Health and Social Care, believed it was no longer proportionate to require vaccination as a condition of deployment, when it comes to the COVID-19 vaccination. Since then the legislation has been further amended after the
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