Rachel Reeves, our current Chancellor, came in for some criticism recently when it was claimed that she had tweaked the details of a previous role at HBOS on her LinkedIn profile (referring to her job as one of ‘economist’ when, allegedly, the role had been a ‘retail banking’ one).
If an employee carries out work, then they are generally entitled to receive wages from their employer in return. The amount of wages payable will generally be set out in the employment contract. Making deductions from the amount otherwise due can be tricky. But deductions can be lawful when made for the right reason and managed correctly.
In De Marchi v London United, the Employment Appeal Tribunal shone a light on the complicated and fiddly provisions contained in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) relating to relevant transfers and termination of employment. Here is our step-by-step guide to the rules as they are currently understood:
‘Harassment’ doesn’t exist as a free-standing employment claim in the UK. To successfully claim harassment in an employment tribunal, an employee needs to be able to show that the harassment was ‘related to’ a protected characteristic. That is not to say that the employee is required to show that the harassment was ‘because of’ the protected characteristic. The causal bar is not set that high. But some linking factor is required. The relevant protected characteristics for harassment are: sex, sexual orientation, race, religion or belief, disability, age and gender reassignment.
AI applications such as ChatGPT have, over the last 12 months or so, become an important tool in improving business efficiency. However, a recent tribunal judgment indicates that it is not just employers who are taking advantage of AI. It was recently credited with encouraging a serial litigant in a disability discrimination claim against a prospective employer.
Employees with over two years’ service have the right not to be unfairly dismissed. This means that if an employer wants to end an employee’s employment fairly once they have two years’ service, then they need to be able to point to a ‘fair reason’ and show that they acted reasonably in relying on that reason to dismiss.
Maggie joined Bermans in 2005 as an Office Junior and in 2024 joined the Asset Based Lending team as a Litigation Assistant. Maggie started her career at Bermans as an Office Junior before becoming a Legal Secretary, a role in which she which she stayed in for many years. Maggie predominantly deals with prelegal correspondence and process driven claims and enforcement.
Bermans Jon Davage and Laura McMorland recently advised the management team at Clarion Wealth Planning Limited on its management ownership transaction.