Article Category: Insight & Opinion

Enhanced Maternity Pay – Is This Discriminatory?

In May 2018, the Employment Appeal Tribunal (EAT) reported that international professional services company, Capita, paid its female employees enhanced maternity pay – however the same was not offered on the rates of pay for paternity or shared parental leave (SPL). The EAT held that this was not discriminatory, however the case was subsequently sent… Read more »

Agricultural Workers’ Rights: What’s the Correct Level of Pay?

Agricultural Workers’ rights and pay in the agricultural sector can often leave many employers confused and unaware of the complex provisions. Keeping up to date with employment legislation can be vital to ensure you are not caught out. Particularly when the government typically introduces new legislation each spring. What are Agricultural workers’ rights? Firstly, the… Read more »

How a Flawed Disciplinary Process Can Lead to Constructive Dismissal Claims and Discrimination

It has been well publicised of late how important it is for employers to undertake a fair, reasonable and impartial investigation process. The recent case of the Governing Body of Tywyn Primary School v Aplin emphasises this, bringing to light constructive dismissal and possible discrimination during their disciplinary investigation process. What happened? An openly-gay headteacher,… Read more »

Prohibition Order: The case of Lone v Secretary of State for Education

Mr Lone was dismissed for gross misconduct from his position following a complaint made by a female colleague. The colleague complained of unwanted messages and emails sent by the Claimant. Following the dismissal, a professional conduct panel for the Teaching Regulation Agency (TRA) recommended to the Secretary of State that a prohibition order be put… Read more »

Pre-Nuptial Agreements – What Are They and How Do They Work?

A common question raised with me is whether pre-nuptial agreements exist in English law, and more importantly, are they worth the paper they are written on? In short, the answer to both of these questions is yes! A pre-nuptial agreement is a bespoke document drawn up before marriage to state what happens to a couple’s… Read more »

Non Disclosure Agreements: A Legitimate Need To Protect Trade Secrets

Non disclosure agreements (NDAs) – or confidentiality agreements – have hit the headlines in recent months, as a number of well-known entrepreneurs have attempted to limit public disclosure of their sometimes dubious dealings with employees. However, many businesses continue to have a legitimate need to protect their trade secrets, software or valuable confidential information such as… Read more »

Divorce- Fairness and Financial Independence

Divorce- the misunderstandings Divorce is always a daunting prospect.  There is often the fear of the unknown and worry for the future.  Generally, it is a common misconception that financial provision on divorce favours the wife. There is no starting presumption that the wife should be provided with greater financial provision than the husband, however… Read more »

Parental Alienation: Where Subtle Negativity has an Impact

Father’s day is a time to acknowledge the importance of Fathers. For most, it is a day of recognition and togetherness. However, for some, the day may be an unhappy reminder of time lost with their children or a time to recognise the signs of parental alienation. When a relationship between adults fails, any number… Read more »