Article Category: Employment Law & HR – Insight & Opinion

Self-employed, worker or employee – what are your rights?

There has been a further decision in Uber’s ongoing battle regarding the status of its staff. Unsurprisingly, the Court of Appeal has held that Uber drivers are workers and have dismissed Uber’s appeal. This is now the third consecutive decision that has not been in Uber’s favour. The outcome of this ongoing legal process is… Read more »

Can you dismiss an employee without any prior warning for serious misconduct?

Most employers and HR professionals will generally follow a rule that in order to dismiss an employee without prior warning, the conduct of the employee will need to constitute gross misconduct. However, in the latest Employment Appeal Tribunal (EAT) case Quintiles Commercial UK Ltd (QCUK) v Barongo, the EAT decided the tribunal was too quick… Read more »

Can you receive compensation for injury to feelings in all detriment claims?

Compensation for injury to feelings may now be awarded in a far wider list of claims than previously thought following a decision made by the Employment Appeal Tribunal (EAT). Previously, compensation for injury to feelings has only been available in discrimination claims, whistleblowing detriment claims, and trade union membership or activities detriment claims. However, the… Read more »

The Rights of Employees To Disconnect From Work

Will taking calls outside working hours soon be a distant memory? The Office for National Statistics recently produced data showing that in comparison to other G7 members the UK “had below average real productivity growth in both output per hour and output per worker”. This is against a backdrop of British employees working longer hours… Read more »

What Are Settlement Agreements And When Can They Be Used?

Settlement Agreements are commonly used to end an employment relationship in a mutually agreeable way. They are often used in situations where an employer and employee feel their relationship has broken down and whilst employers tend to make the initial proposal, either party can make the first move. A Settlement Agreement can also cover non-employees…. Read more »

Employment Tribunal Claims: Have The Floodgates Opened?

Ever since 26 July 2017, when the Supreme Court held that Employment Tribunal (ET) fees were unlawful and therefore scrapped with immediate effect, employers have been anxiously waiting to see if there would be a considerable increase in the number of Employment Tribunal claims being made. The wait is over, and unfortunately the results do… Read more »

A Day In The Life Of A Legal Apprentice: Jack Kelly

Jack Kelly, Legal Apprentice, in our HR team tells us about why he chose a legal apprenticeship and what a typical day is for him. What attracted you to a legal apprenticeship? Many of my friends were going off to university but it just didn’t seem like the right path for me. I didn’t want… Read more »

Person Thought To Be Self-Employed Wins Backdated Holiday Pay

A recent European Court of Justice (ECJ) case between Mr King and The Sash Window Workshop has raised eyebrows between employers and raised the issue that if a worker is not provided with paid annual leave, that right will carry over until the worker has chance to take it. This could leave employers open to… Read more »

Removal Of Employment Tribunal Fees

The public sector union, Unison, has won a landmark court victory against the government regarding employment tribunal fees which were introduced back in July 2013. When the Employment Appeal Tribunal Fees Order 2013 came into force individuals were required to pay a fee when they lodged their claim at an Employment Tribunal (subject to limited… Read more »