In the wake of a number of high profile allegations of sexual harassment we consider how to deal with sexual harassment in the workplace in this month’s Workplace Law. We also consider on going case law developments in respect of employment status and the risk assessment you need to perform for women who want to breastfeed at work.
The obligations on employers to carry out risk assessments in relation to new and expectant mothers are well-established. Where working conditions might put new or expectant mothers or their babies at risk, employers must carry out a risk assessment.
Just over a year ago two drivers brought an action against Uber in the Employment Tribunal (ET) arguing that they should be treated as employees. The ET concluded that Uber drivers were not employees but that they were workers as a result of which they were entitled to be paid the minimum wage, receive paid statutory holiday and be paid statutory sick pay.
The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider the ECJ ruling on discrimination for Greek police, previous incidents at work being considered in a misconduct dismissal and the taxation position of termination payments from April 2018.
Love them or hate them, tattoos are popular and more and more people have them. From Judi Dench to Harry Styles, an increasing amount of people are choosing to decorate their bodies with ink.
Last year, in Barbulescu v Romania, the European Court of Human Rights decided that employers were able to monitor their workers’ emails where there was a good reason for doing so. Now, in a surprising turn of events, that decision has been reversed on appeal.
E-cigarettes have not been around long but you can find an E-cigarette shop in almost every high street or shopping centre and it is estimated that there are circa 2.8 million E-cigarette users in the UK.
The conciliatory service ACAS recently published a report focused on workplace attitudes towards supporting parents who take extended leave to care for children. The report, Flexible Working for Parents Returning to Work – Maintaining career development, confirms that while there’s been a big push for employers to encourage women to feel comfortable taking maternity leave without losing their status in the workplace, the same can not be said for their male counterparts.
The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider vaping at work, monitoring employees and the tattoo taboo..
With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.
There is lots of information in our August edition of Workplace Law, we have split it into three sections. These include: Voluntary overtime - we talk about a new ruling which will be welcomed by employers who are paid overtime. Statutory payments - employers need to alter how they have been calculating various statutory payments. Injuries to feelings in the workplace - a recent case (De Souza v Vinci Construction) resolved questions as to whether civil courts can now apply injuries to feelings.
In our July edition of Workplace Law we have prepared a summary of the key points raised in the Taylor Review on Modern Working Practices. The Good Work Report makes a series of recommendations some of which if implemented into legislation then will have far reaching consequences for employers and the employment relationship. Please therefore take some time to read this month’s edition.
Any business that has experience of outsourcing, re-contracting or bidding for contracts will have heard of the TUPE regulations.
The recent case of Focus Care Agency Ltd v Mr B Roberts had the Employment Appeal Tribunal (EAT) considering whether those working “sleep-in” shifts were entitled to the National Minimum Wage (NMW) for just the time they were awake or the whole of their shift, even when they were asleep.
When a gift is a gift and not a bribe. Elizabeth Maxwell considers the law on giving and receiving gifts in the workplace.
Susanna Gilmartin from our Employment team speaks to The Time’s The Brief and gives her opinions on the new proposed gender pay gap law.
The Reading employment tribunal recently heard how socialite Countess Maya von Schoenburg (the respondent), friend of Lord Rothschild and ex-wife of Mick Flick, told her housekeeper not to get pregnant unless she told her first.
By Ben Stepney, Solicitor in Employment. Article first published in Kent Business on 5 July 2012.
By Susanna Gilmartin, Partner in Employment.
A few years ago, everyone seemed to be rather preoccupied with the question of precisely how to deal with the accrual of holiday, when an employee is on long term sick leave. Various cases on this subject were widely reported and whilst a number of questions remained unanswered, something like a consensus arose regarding how to deal with such situations.
By Nick Hobden, Partner and Head of Employment.
Many of you will have heard a lot about the Agency Workers Regulations 2010 (AWR) over the last year or so. Some of you may already have done what you need to do to make sure that your business is compliant. If you have, then you get a gold star and go straight to the top of the class. But there are, no doubt, many out there who have not quite managed to find the time to concentrate their minds on this issue just yet. Well you can put it off no longer!
The employment lawyers at Thomson Snell & Passmore have significant experience and an excellent success rate in dealing with employment tribunal claims.