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‘Sir …that was my chair’ – are we at work or back in primary school?
Adrian Fryer
A tribunal has found that forcing a senior employee to sit at a desk which was viewed as a ‘junior’ desk can amount to constructive dismissal.
Continue ReadingGovernment proposes changes to Industrial Relations framework
Adrian Fryer
The Government has published its response to its recent consultation on modernising industrial relations. As a result, it plans to make several changes to the Employment Rights Bill (ERB) relating to trade unions.
Continue ReadingGovernment launches consultation on ethnicity and disability pay gap reporting
Adrian Fryer
The Government’s flagship Employment Rights Bill has, quite rightly, been the focus of employment law commentators since it was first announced last July. However, it wasn’t the only proposed employment legislation referenced in the King’s Speech. The Government also used the King’s Speech to announce its intention to bring forward the Equality (Race and Disability) Bill, introducing a requirement for large employers (those with 250 or more employees) to report on ethnicity and disability pay gaps. It has now launched a consultation seeking views on how it should be implemented.
Continue ReadingCourt of Appeal agrees with EAT that Ofsted inspector dismissed for brushing water off a child’s head was unfairly dismissed
Adrian Fryer
The recent Court of Appeal judgment in Hewston v Ofsted serves as a reminder to employers of the importance of using policies to set clear workplace standards. It also shows that, if an act isn’t misconduct, an employer cannot throw other factors (such as reputational damage and a lack of ‘insight’) into the mix to bump it up. In this case, the Claimant, an experienced Ofsted inspector with a clean disciplinary record, was summarily dismissed after touching a pupil’s forehead and shoulder to remove rainwater.
Continue ReadingGovernment provides clarity on the future of Statutory Sick Pay
Adrian Fryer
Statutory Sick Pay (SSP) is the amount payable by employers when an employee is absent from work due to sickness. It is currently set at a flat rate of £118.75 (from 6th April 2025). There are certain eligibility requirements, including the fact that SSP is not currently payable during the first three days of absence, known as ‘waiting days’ and that those earning below the Lower Earnings Limit (LEL) – £125 per week – were not eligible.
Continue ReadingGovernment amends Employment Rights Bill to include framework for application of zero hours contracts measures to agency workers
Adrian Fryer
The Government has published its response to its consultation on the application of zero hours contracts measures to agency workers. The Employment Rights Bill already includes complex proposals for low and zero-hours workers covering three key areas:
Continue ReadingChanges to collective redundancy provisions as Employment Rights Bill moves to the House of Lords
Adrian Fryer
The current legal position on collective redundancy is fairly clear:
Continue ReadingCompensation in discrimination cases should put employee back in the position they would’ve been in but for the discrimination
Adrian Fryer
Once an employee has been successful in a claim of discrimination, the attention turns to the question of remedy. Compensation can include
Continue ReadingWhere employer believes (in error) that employee has resigned the ‘dismissal’ might be fair for SOSR
Adrian Fryer
The employment relationship can generally come to an end in one of two ways: resignation by the employee or dismissal by the employer. But what happens when wires get crossed? Where the employer genuinely believes that the employee has resigned and acts on that resignation – but they haven’t actually resigned. This point was addressed by the Employment Appeal Tribunal in the recent case of Korpysa v Impact Recruitment Services.
Continue ReadingNew statutory rates for 2025
Adrian Fryer
April marks the month each year where changes to statutory rates come into force. Most rate changes take effect from 6th April (to align with the start of the new tax year). National minimum wage changes take effect from 1st April.
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