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Emily Yeardley
 

Is vegetarianism a protected characteristic

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Is vegetarianism a protected characteristic under the Equality Act 2010? This was the question that a recent Employment Tribunal had to answer when Mr Conisbee, a waiter at a hotel, brought a claim against his former employer, Crossley Farms Ltd claiming...

You're fired! - have you been unfairly dismissed?

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When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...

Was covert recording by employee 'misconduct'?

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The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...

Are you working too hard?

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Do you feel physically and emotionally exhausted all the time and lack motivation at work? Do you have a demanding job that constantly makes you feel stressed? You could be suffering from ‘burnout’. The World Health Organisation (WHO) announced...

Today is National Aunt and Uncle's day - What are your flexible working rights?

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The 26 th July is recognised as Aunt and Uncle’s day in the United States, and what better way to celebrate than by spending time with nieces and nephews. If you’d like to make the arrangement more permanent but can’t because of your...

Perception of disability gave rise to discrimination

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The Court of Appeal has handed down its first judgment in a case concerning disability discrimination by perception. In the case of Chief Constable of Norfolk v Coffey , Coffey, a police officer, brought proceedings against the Chief Constable of...

Was post-termination restriction a restraint of trade?

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The Supreme Court has overturned the decision of the Court of Appeal in the case of Tillman v Egon Zehnder Ltd , a case concerning the enforceability of a non-competition clause in an employee’s contract of employment. Non-competition clauses are...

Compensation uplift for one-off act of racial discrimination

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In the case of Base Childrenswear Ltd v Otshudi , the Employment Appeal Tribunal (EAT) has held that a Tribunal is not confined to making an award for injury to feelings from the lower band of the Vento bands where there is a one-off act of racial...

Knowledge of disability at appeal should have been considered

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In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd , Baldeh was dismissed following the expiry of her probationary period, for concerns relating to her performance. During the appeal process, Baldeh disclosed...

How long do I have to bring an employment tribunal claim?

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For a dismissal claim such as unfair dismissal, an employee has 3 months less one day from the last day of employment to bring a claim in the employment tribunal. For a discrimination claim, an employee has 3 months less one day from the last act of...

Are you being bullied in the workplace?

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Employees spend most of their time at work and in the company of their colleagues. Unfortunately, bullying in the workplace is more common than we would like to believe and can create an uncomfortable and unhealthy working environment. Bullying at...

Can an employment tribunal remove an online judgment?

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Employment tribunal judgments and written reasons have been published online since February 2017. The publication of such judgments is likely to be a key consideration when deciding, in the case of a employee, whether to litigate and in the case of both the...

BakerLaw successful with Lexcel re-accreditation

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Following a visit from an independent Lexcel assessor, BakerLaw is pleased to announce that the Firm has passed the re-accreditation process retaining its quality mark for practice management and client care. As one of only 1,700 firms in the UK and the...

Mandatory itemised payslips for all workers coming soon!

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From 6 th April 2019 employers will be required to provide all workers with an itemised payslip. Current legislation requires employers to provide itemised payslips to ‘employees’ for each pay period showing gross pay and any deductions made. ...

Did employer know that its employee was disabled?

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Mrs Lamb was employed by a School, The Garrard Academy from September 2010 but was dismissed on grounds of ill-health on 25 February 2014. She brought claims of unfair dismissal, race and disability discrimination to the employment tribunal. Mrs Lamb went...

As Andy Murray considers retirement, we consider age discrimination

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Tennis legend Andy Murray (aged 31) has revealed plans to retire once he has competed in Wimbledon this year, as a result of his ongoing recovery from hip surgery. As Andy Murray is a professional athlete, he is entitled to retire at whatever age he...

Is there enough protection for whistle-blowers?

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Emily Scott, a former trainee solicitor, reports that she feels let down by the Solicitors’ Regulation Authority (SRA), the legal professions’ regulatory body, after she was struck off alongside two partners who she ‘blew the whistle...

It's not all about the 'B' word - Employment law changes in 2019

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As a new year begins, we bring news of the employment law changes expected in 2019 and beyond. Although Brexit is, of course, the hot topic of legal uncertainty to look forward to this year, there are also other employment developments that should not be...

New Year, new you? Managing mental and physical illness at work

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As we welcome 2019 and vow to stick to our New Year’s resolutions, the return to work can be a very stressful and often dreaded time of year. The New Year can bring with it various physical and mental impairments that employers should remain vigilant...

"It's the most wonderful time for a beer" - Christmas party warning

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We are finally at that time of year where it’s considered socially acceptable to eat lots, drink plenty and be merry! With companies making plans or hosting their highly anticipated work Christmas parties, giving all employees the opportunity to relax...

Constructive dismissal - what does this mean?

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As most will be aware, an employer can terminate an employee’s employment either by giving notice or without notice where an employee is found to have committed an act of gross misconduct. However, an employer should have a fair reason for the...

Government delays application of Employer NICs to termination payments over £30k

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It’s good news for employers as the Government has announced that it has delayed plans (for a second time) to make termination payments in excess of £30,000 subject to employer national insurance contributions (NICS). This will now take effect...

Employee claims he was sacked for being vegan - is this discrimination?

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In landmark legal case, due to be heard in March 2019, an Employment Tribunal will be asked to consider whether veganism constitutes a philosophical belief. Jordi Casamitjana alleges he was dismissed by his employer, League Against Cruel Sports (the...

Marriott exposed to massive data breach

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It has recently been reported that hackers stole the personal data of as many as 500 million guests who had made reservations using Marriott’s Starwood booking system. The personal data which has been the subject of the breach includes guest’s...

J.K. Rowling dismisses Personal Assistant for gross misconduct

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Harry Potter author, J.K. Rowling dismissed her Personal Assistant, Amanda Donaldson in April 2017 for gross misconduct. Ms Donaldson is reported to have used her business credit card to shop at high end stores such as Jo Malone and Molton Brown,...

Who can be liable for dismissing a whistleblower?

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The Court of Appeal has confirmed in the recent case of Timis v Osipov [2018] EWCA Civ 2321 that individuals can be personally liable for the unlawful dismissal of a whistleblower. A whistleblower is an individual who discloses wrongdoing within an...

What do you need to establish to prove disability under the Equality Act 2010?

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To be considered disabled, you must have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. People who suffer from cancer, HIV or multiple sclerosis are...

Could the menopause be a disability under the Equality Act 2010?

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Today marks World Menopause Day, a day designed to raise awareness for women who face health issues when approaching, during and beyond the menopause. With three quarters of women saying that the menopause caused them to change their life and over half say...

World Mental Health Day - Could a four-day working week help reduce stress in the workplace?

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The World Health Organisation recognises World Mental Health Day every year on the 10 th October. This day is designed to raise awareness of mental health conditions and how it can affect people’s lives. A recent survey conducted by charity,...

The Parental Bereavement (Leave and Pay) Act 2018

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Further to my previous article on Parental Bereavement Leave on 16 th October 2017 , the government has now approved the Bill that provides employees a right to paid time off (Parental Bereavement Leave) on the death of their child. The Parental...

How many allegations of discrimination can an employee allege?

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In recent case Tarn v Hughes & Ors UKEAT/0064/18/DM , the Employment Appeal Tribunal (EAT) overturned the Tribunal’s order that a GP was only entitled to pursue the ten most serious and recent allegations of sex and pregnancy discrimination....

Amanda Glover, Finalist for Visionary Leadership Award 2018

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We are delighted to announce that our Managing Partner, Amanda Glover is one of two finalists for the Visionary Leadership Award at the CILEx National Awards 2018 . The CILEx National Awards showcase and celebrate the excellent work, and...

What happens if an employer doesn't respond to an employment tribunal claim?

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There are various claims an employee can bring against their employer at an Employment Tribunal. Once a claim has been issued, the Employment Tribunal will send a copy to the employer to give them an opportunity to defend or respond to the claim. Following...

Should you be getting paid to sleep?

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The Court of Appeal has handed down a landmark judgment in Royal Mencap Society v Tomlinson-Blake where a carer challenged her employer’s policy to pay her a fixed sum, significantly lower than the National Minimum Wage (NMW), for time spent sleeping...

What happens if you struggle to arrive at work on time due to childcare responsibilities?

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A freelance teacher, Mrs Bradley, has successfully appealed a finding by an employment tribunal that she was not subjected to discrimination by requiring her to arrive at work by 8.45am. Bradley had consistently struggled to arrive at the required time...

Part-time working as an alternative to dismissal?

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In Ali v Torrosian and others (t/a Bedford Hill Family Practice) UKEAT/0029/18 , the Employment Appeal Tribunal (EAT) considered whether the tribunal had fallen into an error of law by not considering whether the employer could have achieved its...

Balancing employment and caring responsibilities

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Following our recent article: Carers: who cares when you can’t? posted during Carers Week, we are pleased that the Department for Health and Social Care has published a two-year action plan to support carers, and in particular those who are...

What you don't know can't hurt you? The employment tribunal thinks otherwise

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In the decision of City of York Council v Grosset the Employment Appeal Tribunal (EAT) has upheld a claim for disability discrimination despite the fact that the employer was not aware of the disability at the time the discrimination took place. ...

Supreme Court dismisses appeal against Plumber's worker status

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On 13 th June 2018 the Supreme Court dismissed an appeal by Pimlico Plumbers and upheld rulings (by the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal) that a plumber was a worker for the purposes of the Employment Rights Act...

Was decision to dismiss employee related to her pregnancy?

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Where an employer decides to dismiss an employee without knowledge of the employee’s pregnancy but it discovers, prior to dismissal, that she is pregnant, a tribunal may be asked to consider whether the dismissal was related to the employee’s...

BakerLaw and ThinkMarble: GDPR breakfast seminar

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Data protection is an issue that is making ever-more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25th May 2018, businesses found to be in breach of the new regulations...

What is the effective date of termination?

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When considering Employment Tribunal Claims a key point to be established is the Effective Date of Termination (EDT). This date marks the end of the period of continuous employment and is often the date on which the time limit for presenting a claim runs...

Give it a rest!

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Regulation 12 of the Working Time Regulations 1998 (WTR) entitles workers to take a rest break of not less than 20 minutes if their daily working time exceeds six hours. Mr Crawford, a relief cover signalman for Network Rail has brought an employment...

No males need apply for role at pizza restaurant

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A pizza restaurant, based in Ireland, has recently come under criticism for posting a job advert which specifies that the applicants should be female and requiring a photo. The manager who posted the job advert explained the reasoning behind the gender...

Holiday Pay is King!

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The Court of Justice of the European Union (CJEU) has handed down a landmark decision in King v The Sash Windows Workshop Limited C-214/16 relating to holiday pay which is bound to send a shiver down employers’ spines. What are the facts? Mr King...

Workers' Rights

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What’s the big deal? A worker’s employment status is relevant to the question of their employment rights. These differ depending on whether you are a worker, employee or self-employed. Worker...

Applications open for Employment Tribunal Fees Refunds

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Update: Following our previous report of 24 th October 2017, which can be found here , the initial trial period for the refund of Employment Tribunals fees refunds has now ended. The refund scheme is now open to everyone to apply if...

Coffee chain criticised over staff badge saying, I am new, kiss me.

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Coffee chain Pret a Manger has faced heavy criticism across the media this week after an employee was spotted wearing a badge which said “I am new, kiss me”. Pret a Manger has stated that they “definitely don’t ask our employees to...

Entire workforce made redundant

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Sydney Hardy, Managing Director of Nippy Bus, dismissed his entire workforce by memo stating “ I have had enough and realise I cannot work with you, the people I employ, a moment longer ”. He advised the staff that they should not turn up...

Invitation to host webinar on stress in the workplace

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Emily Yeardley, Associate Employment Solicitor at BakerLaw LLP, has been invited to host a webinar for the Society of Occupational Medicine (SOM) on 11th December 2017. The webinar is open to SOM members, please contact nick.llewellin@som.org.uk ...

Requirement to pass annual fitness test not discriminatory

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The Employment Tribunal has recently heard a case ( Mrs R Tiffin –v- Chief Constable of Surrey ) brought by a police officer who resigned having repeatedly failed a fitness test. Ms Tiffin stated she had an underactive thyroid gland which was the cause...

Update: Tribunal Fees Refunds

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Following the recent ruling that Employment Tribunal Fees are unlawful the Government has now announced its fees refund scheme. In addition to refunding all fees paid, 0.5% interest will be paid to claimants calculated from the date of the original payment...

Parental Bereavement Leave

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A new bill has been published to introduce parental bereavement leave. The Current Position Under current legislation an employer has no obligation to allow parents paid time off to grieve if they have lost a child under the...

World Mental Health Day 2017

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Mental health issues can affect anyone, any day of the year, but today marks World Mental Health Day, a day to show your support for better mental health and start looking after your own wellbeing.” ACAS has estimated the cost of mental ill...

Choose your words carefully

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The recent Employment Tribunal case of Ms C Gomes v Henworth Ltd t/a Winkworth Estate Agents and Mr G Gold demonstrates the importance of thinking before you speak and choosing your words carefully to avoid the risk of discrimination claims. In this case Ms...

Should holiday pay be calculated including voluntary overtime?

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Holiday pay has featured heavily in the news over the last year but until now the question of all overtime (both compulsory and voluntary) worked and whether it should be included in the holiday pay calculation has remained a grey area. Employers commonly...