Disciplinary investigations: Beware of the pitfalls

Disciplinary investigations are the foundation of any disciplinary proceedings. The investigation needs to be both fair and reasonable, impartial and the accused must have the opportunity to comment on relevant documents and evidence. The recent case of Mr M Whittaker v Governing Body of Sutton Oak Church of England Primary emphasised the importance of these,… Read more »

Redundancy: Law Firm Made its Staff Redundant by Text Message

A collapsing Oldham law firm, Broadway Legal Limited trading as Broadway Solicitors, who made redundancy announcements to its staff by text message have been ordered by an Employment Tribunal to make a protective award of 90 days’ pay to one of its employees.  What happened in the redundancy case? The Claimant, Mr Evans, brought a… Read more »

Are workers entitled to reschedule sickness-affected holiday?

The current position is that if an employee is absent due to ill health reasons before and then during what was pre-booked annual leave, they should, as far as the Working Time Directive is concerned, have the right to reschedule the holiday for a later date. If that employee remains off sick until the end… Read more »

Does an Adopted Child have Inheritance Rights?

The law surrounding the inheritance rights of adopted children can seem incredibly complex and confusing with many adopted children not knowing where they stand legally when either their biological or adopted parents pass away. Adopted parents: Children who have been legally adopted are treated in exactly the same way as biological children for the purposes… Read more »

Disability Discrimination Claims are on the Rise

The number of people making claims for disability discrimination in the Employment Tribunal has soared by 37% compared to last year. With Employment Tribunal claims in general rising only 4% that means the number of disability discrimination claims has risen more than eight times faster than the growth of all tribunal claims. Why? What’s caused… Read more »

Japanese Knotweed: Advice when Buying a Property

What is Japanese knotweed? Japanese knotweed is an invasive plant which is known for its fast and vigorous growth pattern, in and above ground. Its roots can cause structural damage to nearby buildings, foundations and block drains if left untreated. Removal of the plant can also take several years to eradicate. Why is it a… Read more »

The Difficult Decisions: Dementia and Divorce

In 2014 the Alzheimer’s Society published a study on the increasing prevalence of dementia in the UK. It found that 1 in 14 of the population aged over 65 are suffering with dementia and 40,000 people living in the UK have early-onset dementia. These statistics raise many questions about the care available for patients but… Read more »

Avoiding Automatic Unfair Dismissal Claims During a TUPE Transfer

In a recent Court of Appeal case, an employee who worked as a cashier in a wine wholesale business for over 10 years was dismissed on the day the business was due to transfer to new ownership. The reason for dismissal, as stated in the dismissal letter, was that company was ceasing to trade due… Read more »

Should Voluntary Overtime be Factored into your Holiday Pay?

In the recent case of Hein v Holzkamm GmbH and Co KG, the European Court of Justice (“ECJ”) indicated that voluntary overtime should not be factored into holiday pay. The ECJ stated ‘given its exceptional and unforeseeable nature, remuneration received for overtime does not, in principle, form part of remuneration’. This decision now casts doubt… Read more »