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Commercial and Employment Update

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We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...

Part-time working as an alternative to dismissal?

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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...

Are you ready for the GDPR?

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Data protection and cybersecurity are subjects that are making ever more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25 th  May 2018 and the Government confirming...

Was decision to dismiss employee related to her pregnancy?

Emily Yeardley
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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...

Changes to Data Protection law in the UK: The GDPR

Danielle Collett-Bruce
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Data protection is an issue that is making ever-more frequent appearances in news headlines, and with the implementation of a new EU-wide framework for data protection law in 2018, this should not be expected to change any time soon.  What is the...

BakerLaw and ThinkMarble: GDPR breakfast seminar

Emily Yeardley
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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?

Emily Yeardley
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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!

Emily Yeardley
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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...

BakerLaw LLP Employment News: Winter Edition

Andrew Peters
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We have today circulated our quarterly Employment Law Newsletter. In this edition you can indulge in the following articles and news: A fresh start for the New Year - Are your employment documents in order? Key Employment Law dates for 2018 No males...

No males need apply for role at pizza restaurant

Emily Yeardley
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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!

Emily Yeardley
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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

Emily Yeardley
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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 A worker is an individual who undertakes to do the...

Applications open for Employment Tribunal Fees Refunds

Emily Yeardley
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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.

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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

Emily Yeardley
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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 age of 18. Most employers are...

World Mental Health Day 2017

Emily Yeardley
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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

Emily Yeardley
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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?

Emily Yeardley
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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...

New Paralegal welcomed to Commercial & Employment departments

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The Partners at BakerLaw LLP are delighted to welcome Oliver Salmon as the firm’s new Paralegal in the Company Commercial and Employment departments. Following completion of Oliver's law degree, in tandem with his Paralegal...

What does today's judgment on ET fees mean for you?

Andrew Peters
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Following an appeal by UNISON (one of the UK’s largest trade unions) the Supreme Court (the highest Court within the UK’s legal system) has ruled that the requirement to pay the fees for issuing a claim and hearing a claim in the Employment...

Are parents of a bereaved child entitled to paid time off work?

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There is currently no legal right to paid time off following the death of a child. All employees are entitled to ‘time off for dependants’ but this time is unpaid. Time off for dependants allows employees time off to deal with unforeseen...

BakerLaw bolsters employment team

Andrew Peters
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BakerLaw LLP has bolstered its Employment Law Department with the appointment of a new Associate. Emily Yeardley  is an experienced employment law solicitor advising businesses and individuals on employment related matters ranging from unfair...

Employment Law 2017 - what lies ahead?

Andrew Peters
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It looks as though 2017 will be a busy year for employment law, with a number of important cases set to be decided.  We have commented upon just a few of these below, dealing with: employment status and the gig economy, holiday pay, Employment Tribunal...

National Minimum Wage Increase

Andrew Peters
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From 1 October 2016, the national minimum wage hourly rates increase. The national living wage for workers age 25 years or above remains at £7.20 per hour.  The table below sets out the previous and current hourly rates for each category of...

BakerLaw advises management team on acquisition of DED

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BakerLaw advises management team on acquisition of DED BakerLaw’s corporate partner Jonathan Craig,  supported by employment partner Andrew Peters advised Tim Downes lead for the buyer management team on their recent completion of the...

Ground breaking ruling on Holiday Pay

Michelle Ogunlaja
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The Employment Appeal Tribunal (EAT) have reached a decision on the controversial topic of whether overtime should have been included into employees holiday pay.  The EAT have considered the cases of Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v...