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Samuel Phillips Law Blog

Tag: Employment Tribunal

Employment

Fire and Re-Hire – Update

Following the mass outcry from the business community, politicians and unions over P&O Ferries’ recent treatment of over 800 employees, the Government department for Business Energy and Industrial Strategy (BEIS) stated it would be introducing a new Statutory Code of Practice. 

Employment

Annual Update to Statutory Pay Scales and Tribunal Awards

April 2022 – £££ All Change. The annual update of the statutory pay rates and awards.

Employment

Fear of Contracting Covid Not a Philosophical Belief

With week after week of Coronavirus news, statistics, infection rates and deaths it’s not surprising that we’re a little wary of the prospect of catching or re-catching the virus. This exposure to the constant rounds of measures, vaccinations and further variants can also make employees very nervous when it comes to a return to the workplace, especially after long periods working from home.

Employment

The Menopause Matter

An ETA case highlighting the need to better understand the menopause and its impact on women working with debilitating symptoms.

Employment

Annual Employment Law Changes

As usual we provide here below the key updates and figures that take effect next month.

Employment

When Signed Agreements Fail

A recent finding of an Employment Tribunal has added fuel to the call for greater clarity concerning the definition of a “worker”. This case O’Eachtiarna and others v CitySprint (UK) involved five cycle couriers who were engaged by CitySprint. The couriers claimed they were entitled to holiday pay as they were “workers” for the company a point that was contested by the respondent.

Employment

Settlement Agreements, Notice and the impact of Furlough

Settlement Agreements are the only way by which a potential claim to an Employment Tribunal can be lawfully compromised. For such an Agreement to be enforceable, it must be in writing, specify the particular complaints to which it relates and the employee must have the benefit of independent advice from an adviser who has the benefit of professional insurance, or in the case of an accredited trade union representative is certified by the trade union as being qualified to give advice.

Employment

Cutting Remarks [R Lovelady vs Daniel James Hair & Beauty]

A Colwyn Bay Hair Salon has failed in its defence of an unfair dismissal claim brought by an employee stylist due to the fact the employer was found to have pre-determined the outcome before fully investigating.

Employment

Holiday Pay and Permanent Part Year Workers

In the case of Brazel v The Harpur Trust, the Court of Appeal recently ruled that the Working Time Regulation (WTR) approach to holiday pay, for permanent workers who only work part of the year, should be adopted and their leave allowance should not simply be pro-rated.

Employment

The Importance of Discovering and Handling the Truth

What to do if an employee hides the true reason for their absences. In a recent case [A Ltd vs Z] an employee was highlighted as having a poor absence record and this fact was questioned by a new employer.

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