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Pranks in the workplace

21 February 2022 | Raj Laxman

The Court of Appeal for England and Wales has decided that an employer, in the case of Chell v Tarmac Cement and Lime Ltd cannot be held vicariously liable when an employee’s practical joke in the workplace causes an injury to another person.

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Tinnitus Week 2022

08 February 2022 | Shabir Karatella

It is a term used to describe the sensation of hearing a sound in the absence of any external source. It is an involuntary act of hearing a sound. People experience different symptoms, but most commonly they include a ringing in the ears, humming sound or buzzing in the ear.

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Courier found to be a worker and protected under employment legislation

07 February 2022

The Court of Appeal has decided that a courier’s status was that of a worker in the case of Stuart Delivery Ltd v Augustine. The courier was contracted with the company to offer a time slot to cover for other couriers and was obliged to perform this service personally.

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The importance of Occupational Health

04 February 2022 | Eleanor Greenwell

For many businesses, the purpose of making contact with ‘occupational health (OH)’ is to establish if an employee is well enough to resume work. OH physicians consults with the employee about their health (physical/mentally) to determine if the employee is able to resume work as normal or if reasona…

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Recognising LGBTQ+ History Month (February) within the workplace

01 February 2022 | Eleanor Greenwell

February marks LGBTQ+ history month. The term LGBTQ+ means lesbian, gay, bisexual, transgender, and queer. LGBTQ+ history month began in the UK in February 2005 when section 28 (which prohibits homosexuality) of the Employment Equality (sexual orientation) regulation 2003 was abolished.

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Can an employer cancel annual leave due to staff shortages?

24 January 2022 | Raj Laxman

With the ongoing Covid crisis many employers will face the real possibility of staff shortages as employees isolate to recover from Covid.

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Sick pay for unvaccinated employees

19 January 2022 | Jatinder Tara

Wessex Water, Morrisons, Next and now Ikea have implemented a change to their sickness pay arrangements for unvaccinated staff who need to self-isolate because of Covid by reducing their sick pay entitlement in certain circumstances.

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Covid 19 is not a protected belief

13 January 2022

In a tribunal hearing held in Manchester, December 2021, Judge Mark Leach concluded that the belief of catching covid 19 is not a protected characteristic and does not meet the criteria for a philosophical belief under section 10 of the Equality Act 2010.

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Health and Safety Case Law Update

11 January 2022 | Shabir Karatella

A sawmill has been fined after a worker injured his finger when his hand encountered the moving parts of a machine.

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Employers must deal with a flexible working request within three months

06 January 2022 | Raj Laxman

Employers have been reminded by the Employment Appeal Tribunal of the importance of dealing with flexible working request in a timely manner.

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Temporary Changes to Statutory Sick Pay

04 January 2022

Employers and HR practitioners should take special note that for a limited period there will be a change to the normal statutory sick pay requirements due to the demands on the NHS and to help free GPs for the booster campaign against Covid.

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Disability discrimination – case law update

23 December 2021 | Jatinder Tara

Do Paranoid delusions amount to disability under the Equality Act 2010 (EA)? - The Court of Appeal decision in the case of Stephen Sullivan v Bury Street Capital Limited 2021 would seem to suggest no.

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Unfairly dismissed when stuck abroad during lockdown

17 December 2021 | Jatinder Tara

Cases linked to last year’s lockdown restrictions are now beginning to surface before the Employment Tribunal (ET) and there has been a recent (ET) decision in the case of Montanaro v Lansafe Ltd 2021(1) that on its facts concluded that the employee was unfairly dismissed when he remained in Italy w…

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Changes to Statutory Payment rates April 2022 - 2023

16 December 2021 | Jatinder Tara

On 26th November 2021, the Department for Work and Pensions produced their Policy Paper on proposed changes to pension and statutory payment rates for 2022 to 2023 (1).

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Company Christmas parties and misconduct issues

08 December 2021 | Eleanor Greenwell

As we all try to resume back to some normality after the pandemic, many businesses may now be thinking about bringing some cheer to the workplace by either hosting a Christmas party onsite or arranging a gathering at a restaurant.

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Consultation on carers leave for employees

07 December 2021

Employers and HR practitioner should be aware of the Government consultation in 2020 about carers leave for employees with long term caring commitments. The Government have now published its response to the consultation.

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National Minimum Wage and expenses deductions

02 December 2021 | Jatinder Tara

Under provisions within the National Minimum Wage Regulations 2015 employees and workers are entitled to be paid basic minimum salary which as from 1st April 2021.

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The importance of a fair investigation

26 November 2021 | Eleanor Greenwell

A fair investigation process is imperative to avoid a costly unfair dismissal claim. In the case of Smith v Teleperformance Limited, Smith made an unfair dismissal claim and was awarded £6000 (unfair dismissal and unpaid notice pay).

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Staff Treatment in a Protected Disclosure Issue

23 November 2021 | Eleanor Greenwell

In the case of Kong v Gulf International Bank (UK) Ltd (2021), the tribunal stressed the importance of following a fair impartial process when investigating an employee’s complaints to avoid costly claims.

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Mandatory Care Home COVID-19 Vaccinations

18 November 2021

In July 2021 the government announced a new piece of legislation called The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. Although this was not an employment law piece of legislation but under health and social care, it required all workers within…

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