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Emily Yeardley
 

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...

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. For a discrimination claim, an employee has 3 months less one day from the date of the discrimination to bring a claim. ...

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...