Latest News

Here we have opinions to give, guidance to share
and news to shout about.

Whether it be our take on a recent update in the law, our opinion on the latest cases or we have some exciting news to share here is where you will find it.

15 November 2017
Following the Supreme Court’s decision earlier this year to revoke employment tribunal fees, business owners in the West Midlands expect to see an increase in claims, according to new research from law firm Shakespeare Martineau.
10 November 2017
Line of cars
The Employment Appeal Tribunal has agreed with the Employment Tribunal’s ruling that Uber drivers are workers, and so benefit from all associated rights.
23 October 2017
Employment update
Do employers have a claim to property in emails or the contents of emails sent by employees from the employer’s email accounts?
16 October 2017
Calculator and the word tax
On 30 September 2017, two new offences, under the Criminal Finances Act 2017, came into force.
28 September 2017
Vaping in the workplace
How should businesses deal with vaping in the workplace?
22 August 2017
Whenever an employee is suspected of having committed a disciplinary breach, there needs to be an initial investigatory process before any formal disciplinary proceedings are commenced.
28 July 2017
In May we reported on the Employment Appeal Tribunal decision that where a care worker was doing time/salaried work, even if they are asleep, they are working.
26 July 2017
In a landmark ruling over employee’s access to justice, the Supreme Court has ruled that tribunal fees are unlawful.
21 July 2017
We look at the Good Work Review and examine the proposals relating specifically to worker status.
18 July 2017
What you should do if you are being bullied at work
Anyone who thinks they are being bullied or harassed at work should look to take steps to resolve matters informally, if they feel that they can.
10 July 2017
Carry over of untaken holiday
Can workers carry over holiday entitlement to the following holiday year if they are prevented from taking it because the employer will not pay them for any holiday they take?
29 June 2017
Privacy Reigns – The New Data Protection Regime
The most significant development in data protection law for many years, the General Data Protection Regulation (GDPR), came into force in May 2016 and must be implemented by organisations by 25 May 2018.
15 June 2017
Father and baby
The Employment Tribunal has held that a male employee was entitled to the same amount of pay as a woman on maternity leave when exercising his right to shared parental leave.
10 May 2017
Welcome to our latest Employment Brief!
02 May 2017
Do sleep-in shifts count as “time work”
The EAT has considered whether night shift workers who sleep in, in order to carry out duties if required, engage in “time work” for the duration of the shifts.
21 April 2017
Workplace dresscode
Commenting on the Government’s rejection to ban women from wearing high heels, Phil Pepper, employment lawyer
07 April 2017
Discrimination definition in the dictionary
Our head of employment Mike Hibbs gives his view on today’s Supreme Court ruling on the Essop V Home Office case.
31 March 2017
Workplace dresscode
Workplace dress codes are in the public eye following a series of recent highly publicised cases.
16 March 2017
Broken chain
The Act introduces modernising reforms with the aim of bringing an end to “disruptive and undemocratic strike action”.
14 March 2017
Our head of employment, Michael Hibbs, gives his views on Asda’s new flexible contract and tells us what it could mean for businesses and the retail industry.
14 March 2017
Phil Pepper, employment partner, comments on the decision by the European Court of Justice that bosses can ban workers from wearing headscarves – the first decision on the issue of women wearing Islamic headscarves at work.
15 February 2017
Gender pay gap
With less than two months to go until April 5 2017 when the Equality Act 2010 (Gender Pay Gap Information) Regulation 2016 come into force, a recent Xpert HR survey found that “employers have a limited idea of what they will do ...”
13 February 2017
Employment discrimination
Employment Partner Phil Pepper comments on the decision by the Court of Appeal to dismiss the appeal made by Pimlico Plumbing.
26 January 2017
The Employment Tribunal has again decided that a so called ‘gig economy’ cycle courier was a “worker” and as such can claim certain employment protections.
16 December 2016
Welcome to our latest Employment Brief!
12 December 2016
The ongoing issue of gender inequality in pay is one that has been highly publicised over recent years.
25 November 2016
New immigration rules recently published by the Home Office will be effective from 24th November 2016.
26 October 2016
Aye Limbin-Glassey comments on a proposed amendment to the Employment Rights Act to extend maternity leave and pay for mums who have premature babies.
07 October 2016
Lock v British Gas
In the case of Lock v British Gas the Court of Appeal has upheld that commission payments should be taken into account when calculating holiday pay.
06 September 2016
Employee cheque
Employers have a legal obligation to make reasonable adjustments in order to keep disabled employees at work.
25 August 2016
It is of little surprise that the government have been looking at how employee termination payments should be treated for tax and national insurance contribution (NIC) purposes.
10 August 2016
Aye Limbin Glassey comments on the TUC sexual harassment survey.
08 August 2016
The five-day strike planned by Southern Rail workers could lead to significant workplace disruption for some employers.
29 July 2016
An employee who is dismissed for having made a protected disclosure will be treated as having been automatically unfairly dismissed.
13 July 2016
HR communication
Major economic changes always create uncertainty, stress and anxiety.
28 June 2016
If an employer imposes a dress code which bans the wearing of a headscarf, will this constitute religious discrimination?
07 June 2016
Euro 2016 starts on 10 June. With kick off times varying from 2pm to 8pm, we thought it would be a good idea to highlight some issues that employers might face during the tournament.
27 May 2016
If an employee willingly enters into negotiations about a possible exit, does this prevent a claim of constructive dismissal?
23 May 2016
It only feels like yesterday when employers of all sizes and sectors were reeling over the Bear Scotland holiday pay decision.
18 May 2016
The Immigration Bill 2015 has now received Royal Assent and is officially known as the Immigration Act 2016.
17 May 2016
Welcome to our latest Employment Brief!
13 May 2016
In view of the proposed industrial action by UCU, we provide a refresher on the rules governing industrial action.
06 May 2016
The Government has launched a call for evidence as it seeks views on whether ‘non-compete’ clauses act as a barrier to innovation and employment.
29 April 2016
In the case of Department for Transport v Sparks and others [2016] EWCA Civ 360, the Court of Appeal has upheld the High Court’s finding that an absence management policy contained in a Staff Handbook had contractual effect.
25 April 2016
There is no doubt that “Brexit” is high on the media, business and political agenda, and I suspect that it will remain so well beyond the actual referendum in June 2016.
05 April 2016
Amid warnings of a teacher supply crisis, school business managers (SBMs) rushing to recruit are at heightened risk of exposing themselves to serious legal and reputational implications when seeking to fill positions.
31 March 2016
There are a number of employment law changes coming into effect in April 2016.
29 March 2016
We hope not. The Employment Appeal Tribunal have found that an employee who ‘pulls a sickie’ is in fundamental breach of contract and is therefore liable to be dismissed for their dishonesty (Metroline West Ltd v Ajaj).
22 March 2016
It has long been accepted that an employer is not obliged to pay an employee her normal “remuneration” while she is on maternity leave.
10 March 2016
Accompanying the introduction of the Bribery Act 2010 was the stark warning to commercial organisations of penalties for failures to prevent bribery.
03 March 2016
When customers leave a tip in a pub, hotel or restaurant, they like to think that it is used to reward the people who served them so well. However, this isn't always the case.
03 March 2016
Workers will soon be able to tell if their employer is monitoring their work smartphone and employers should consider reviewing their monitoring and privacy policies ahead of this change, according to employment law specialists at Shakespeare Martineau.
26 February 2016
In the case of Lock v British Gas the EAT has upheld the decision of the Leicester employment tribunal that commission payments should be taken into account when calculating holiday pay.

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Andrew Argyle LLB, Practice Director, Potter Clarkson LLP