It is ten years since the ending of the national default retirement age, when age became one of the protected characteristics covered by the Equality Act 2010. The Act was designed to safeguard people in the workplace against discrimination, harassment and...
Employment Law News
The UK Home Office announced that the temporary COVID-19 adjusted right-to-work checks have been extended until 5 April 2022. This was following the positive feedback from companies on remote checks. All employers are required to complete a right to...
An estate agent has received an award of just under £185,000 in the Employment Tribunal following a claim of sex discrimination after her employer refused her request to go part-time so she could collect her baby from nursery. Alice Thompson attempted...
The Employment Tribunal have awarded Mrs Shipp £30,000 after finding she was unfairly dismissed and discriminated against on grounds of maternity and sex. Source: ...
As of the 16th August, the requirements of self-isolation have changed. So, who will have to self-isolate if they come into contact with a positive case? Changes The Government's ever developing and (for the moment) easing of Covid-19 restrictions...
With remote working expected to stick around for a long time within many businesses, what impact will this have on an employee's terms of employment ? In the US, Google is considering implementing pay cuts for employees who choose to work remotely....
Have you ever stopped to wonder whether messages or emails you send to colleagues at work are truly private? Streaming platform and production company, Netflix, recently terminated three of its employees for criticising other employees on business messaging...
The recent lifting of Covid-19 restrictions marks the continuing return to a new normality as more people begin to venture outside, attend events and return to the workplace. This easing of restrictions has left many people asking the same question: can...
Upon returning to work, you may want to continue breastfeeding and/or provide breast milk to your baby. In light of World Breastfeeding week (1st-7th August) this article highlights your legal rights of breastfeeding whilst at work. It is beneficial for you...
The easing of overseas travel restrictions is posing an unexpected headache for employers, who need to be on the look-out for potential digital nomads in their home-working workforce. The opportunity to be wholly mobile and work from anywhere, when an...
There are several reasons why you may want to decline a job offer once accepting. You may receive a better job offer or realise the position isn't actually as good as you thought. Or maybe when you spoke to your current employer they presented a...
June is a month dedicated to celebrating the LGBTQ + communities all around the world. Unfortunately, members of the LGBT community are subjected to, at some point in their lives, some form of discrimination. This can be from subtle patronising to...
According to the Ministry of Justice, it has seen an increase in single claims by 25% in October to December 2020 compared with the same period in 2019 and an 82% rise in multiple cases with 29,000 claims being received. The rising number of cases appear to...
A new report published by ACAS estimates that the cost of workplace conflict to UK organisations is around £28.5 billion a year. ACAS (The Advisory, Conciliation and Arbitration Service) are an independent public body that offer free and impartial...
As a result of the coronavirus pandemic, the way we work and live has been forever changed. Many people have enjoyed the flexibility of working from home, including avoiding a commute, setting their own hours and taking care of their children. Employers can...
Exploring what can be done if you think your employee is lying about Covid-19 Exposure and/or Symptoms With the ever changing rules around Covid-19, it can be difficult for employers to navigate what should be done if an employee says they are required to...
An employee is someone who works under the terms of an employment contract. In comparison, the definition of a worker is wider and includes any individual who works for a business, whether under an employment contract or other type of contract...
With businesses working to reopen, even if just partially, employers must ensure that they carefully plan for return to the workplace. At the time of writing, government guidance states that individuals should continue to work from home "if you...
The government’s furlough schemes have offered essential support to both businesses and the self-employed in the UK during the ongoing pandemic. However, HMRC is now cracking down on instances of furlough fraud where a business or individual has...
While many workplaces continue to be affected by the coronavirus pandemic, employment law and the Acas Code of Practice concerning disciplinary and grievance procedures still apply. If you are facing disciplinary action or grievance procedures, you...
Exploring whether employers can introduce mandatory COVID-19 vaccinations. There are reports that some firms will be introducing a 'No Jab, No Job' policy, which would require all of their employees to have taken the vaccine against COVID-19. A...
When bullying or racism is involved, seniority and titles do not confer special protection Bullying or racism may seem the fate of the underdog, but recent headlines have shown how it may affect anyone at any level, including royalty and...
As we continue with the current national lockdown we look at the rules relating to employment. The rules for England state that "you may only leave your home for work if you cannot reasonably work from home". But can employer's force employees...
When beliefs extend beyond Veganuary Record numbers signed up to ditch meat during January for the Veganuary Challenge, but even when burgers are back on the menu, employers need to keep an eye on safeguarding ethical beliefs for vegans who make it a...
At Gepp Solicitors will be providing helpful tips and guides for employers who are having to consider redundancy. Are there other options that you can consider instead of redundancy to save costs? Of course, sometimes, it makes...
A recent judgment in the High Court has confirmed that directors who do not maintain accurate company financial records do so at their own risk. By way of background, WOW Internet Limited entered liquidation in July 2014 and steps were taken to dissolve the...
Christmas traditionally brings a round of festive celebrations for customers and employees , but with current Covid-19 restrictions, companies are having to re-think drinks and dinners for customers and learn how to stage a virtual staff party. Plans that...
The ‘Big Brother’ surveillance scenario envisaged by George Orwell has long since become reality. The ability to watch citizens outlined in the futuristic novel Nineteen Eighty-Four , published in 1949, is now firmly fact not...
Planning for employing overseas workers in 2021 If you employ workers from overseas, or you plan to in the future, you will need to understand the changes to the immigration system coming into play from January 1 st , 2021. As of this date, a new...
The UK’s new immigration system will come into effect on 1st January 2021 and will apply to both EU citizens and non-EU citizens. This means that citizens of EU member states (with the exception of Ireland) who want to move to the UK on or after 1st...
The Government says that now is the right time to go back to work. Amid concerns that the Coronavirus/COVID-19 pandemic and subsequent lockdown has turned our city centres into ‘ghost towns’, businesses are being encouraged to reopen their...
As we head into a second lockdown, we know the substantial financial impact this will have on businesses and, the retention of their staff. Whilst the Government has extended the Job Retention Scheme for a further month, they have confirmed that this...
Here at Gepp, we appreciate that sometimes businesses have to make the tough decisions of making redundancies in the workplace in order to save costs. We know that it is not easy and we did write about some of the ways that the business is affected by more...
If you are an employer concerned about illegal workers in your business, you are not alone. Many employers fall foul of the UK immigration rules each year, causing difficulties for their business, not least because of the fine that you might face and indeed...
Meghan Gorman from Lancashire worked as a hairdresser for 6 years for Terence Paul, a Manchester City Centre salon that closed in 2019. During her employment, Meghan was under a contract that deemed her self-employed and not employed by the salon. This...
Here at Gepp, we appreciate that sometimes businesses have to make the tough decisions of making redundancies in the workplace in order to save costs. We know that it is not easy and we did write about some of the ways that the business is affected ...
As we suspected, the Furlough scheme will not be extended and will be coming to an end on 31 October 2020. There is still enough uncertainty around which means that we do not have a clear idea of what the landscape will look like for companies and...
Last month, Thames Water have admitted on Twitter that they have seen a surge of applications from female candidates to their jobs from 8% to a massive 46% of applicants for a new role advertised. How? They attributed it to removing 'masculine' words...
It is now a well-known fact that the Employment Tribunal fees were abolished in 2017 after a challenge run by the Trade Union, Unison, reached the Court of Appeal which determined that the 2013 scheme was unlawful. As a result, the Ministry of Justice had to...
We wrote previously about the increased powers that HMRC are expected to have in investigating and going after any company who is found to have misused the Coronavirus Job Retention Scheme (the "Scheme") and this can be found HERE ...
Now that we have all settled in quite comfortably to working from home (whether we have embraced the pyjamas, latest loungewear or seeking some normalcy with smart-casual attire), the question arises as to how employers can continue to monitor the...
Let's put this one really simply - you are allowed to feel aggrieved if your employer has told some of your colleagues that you are being made redundant before you have officially found out about it. No one can tell you otherwise on that. ...
Furlough Scheme extension appears unlikely as the new Kickstart Scheme comes into effect As of 1 September 2020, the Government's Kickstart Scheme has come into play. Under the Kickstart Scheme, employers will receive grants of £1,500 to provide...
Recently, Mr Rizwan Shah, succeeded in a race discrimination claim against his employer - Royal Mail - and received a compensation payment of £30,000. Race Discrimination has been very clearly against the law since the Race Relations Act 1965, which...
Settlement Agreements may sound a little bit like an ambiguous idea that no one really understands. At the same time, it is another word that is making itself comfortable in our daily vocabulary like redundancy, especially because the two seem to be...
The deadline for placing employees on furlough under the Coronavirus Job Retention Scheme ("Furlough Scheme") has long passed. As of 10 June 2020 and we are all familiar with the Furlough Scheme and indeed the changes that are regularly taking...
We are under no illusion that the current climate is difficult for everyone - individuals and businesses are facing a very uncertain future as they try to muddle their way through and ideally come out of the Coronavirus crisis and unavoidable recession as...
The furlough scheme, or as it is formally known - the Coronavirus Job Retention Scheme, is currently set to continue until 31 October 2020. We provided some information about it here . However, looking elsewhere in Europe, is it possible that the...
We wrote at length about the burning questions relating to redundancy that employees have when facing the process and how they can handle it . At the same time, we know that companies want to undertake the processes in the easiest and simplest way possible...
In a recent decision of the Employment Appeal Tribunal ("EAT"), it was determined that a reasonable adjustment under Section 20 of the Equality Act 2020 could include an undertaking by an employer to an employee of a certain condition and,...
There is no doubt that the current pandemic has forced the world to move forward with flexible and remote working, a conversation that has been in the works for a while and has been moved up a few notches due to the situation where employees have simply had...
Redundancy is a word that is making itself comfortable in everyone's lexicon. Recent data from the Office of National Statistics ("ONS") has recently revealed that 730,000 workers have lost their jobs during lockdown - meaning between March...
The last time things got a little too hot, many of us were in the height of lockdown so sitting in the garden was the reprieve. We are now seeing another heatwave here in the UK and The Met Office has even confirmed that yesterday London saw temperatures...
We are of the view that the tide is finally beginning to turn on discrimination in the workplace and more companies are taking positive steps to eradicate it from the outset. We wrote here about the steps that employers can take, as a starting point...
New research conducted by The Pipeline (Diversity and Inclusion specialists), into London based companies, shows that companies with at least one third of their bosses being female are more profitable in that their profit margin at least 10 times greater...
The government has launched a review into the support available in the workplace, currently, for employees that suffer from domestic violence . The consultation seeks evidence and information onto what is available for employees nowadays and what...
In an attempt to kick start the hospitality sector, the Chancellor’s ‘ Eat Out To Help Out ’ scheme has come into effect today. With a workforce of around 3.2 million and an annual turnover of £130bn, the hospitality industry is...
As of Friday 31 July 2020, a new law will be enforced whereby any employee that is facing redundancy following a period of furlough, will be entitled to statutory redundancy pay on the basis of their pre-furlough salary and not the furloughed amount. ...
The Black Lives Matters movement continues to rightfully garner support worldwide, and it is important to realise that the issues of discrimination are still, unfortunately, alive and well within the workplace and must be eradicated. Recently,...
This past week the Government announced that Spain is no longer included in the "air bridges" list and for the 600,000 British holidaymakers who were in Spain at that time it means that they now have to self-isolate for 14 days upon their return to...
Centrica, the company that owns British Gas, has announced that they will be undergoing a consultation with their workforce with a view of changing the terms and conditions of employment for all of their employees. The company has explained that they are...
Chancellor Rishi Sunak has announced recently a new scheme worth £2billion that will seek to prevent the impending mass unemployment as the UK economy is hit by the Coronavirus crisis. In particular, the focus is on the young people as it is estimated...
On Wednesday 8 July, I represented Gepp in taking on a new challenge - I joined the wonderful Carla Davison of Basking Babies UK and did an Instagram live Q&A session about all things that affect new parents and in particular new mums. We had...
The directors of a property management company ran into a brick wall when they tried to boost their own benefits package before transferring to a new employer under the TUPE regulations. TUPE – which stands for the Transfer of...
Companies looking to protect their business by relying on non-compete clauses for key employees should check that any post-termination restrictions are reasonable. When an employee leaves and there is a threat of commercially sensitive information about...
It has been found that the system of the Coronavirus Job Retention Scheme (the Scheme) which was meant to support businesses during these difficult times has been very open to abuse by employers and businesses . A survey found that more than a third of the...
It has now been announced that, next week Chancellor Rishi Sunak will add new legislation to allow HMRC greater powers to go after those that disobeyed the rules of the Scheme - namely those that forced staff to continue working, even just in part, whilst...
Last week, Joel Hills of ITV tweeted that Bentley Motors were planning to lay off up to 1,000 employees and that the company will make the "Announcement tomorrow". Very soon after, Hills was inundated with questions about the source of his...
With remote working now becoming the norm, most of our work meetings and conversations have become this strange mix of faces on our computer screens. This is as close as we can get to the formality of having face to face meetings during the current global...
Recent research conducted by Zenbusiness showed that more than half of employees do not have faith in the people function of the business which can have a detrimental effect on morale and productivity across the board. Here at Gepps, we always encourage our...
By now, we are all aware of the Coronavirus Job Retention Scheme ("CJRS") and what it means for businesses and employees. Last week, Chancellor of the Exchequer, Rishi Sunak, confirmed that whilst the Furlough Scheme will be extended until October...
Chancellor Rishi Sunak announced last week that the CJRS has been extended until 31 October 2020 but has advised that there will be some changes to the way the scheme currently works as he will be looking for more of the responsibility to shift back to...
Employers will be aware that the government has announced the extension of the furlough scheme for a further four months. This means that it is now extended to October and Chancellor Rishi Sunak has confirmed that its purpose is to continue to pay employees...
Company directors will be focused on the bottom line and corporate governance as they continue to navigate their way through the pandemic lockdown and the Government’s route map towards business as usual. Many will be worried at the risk of...
Recently, the Employment Tribunal at London Central determined that the Claimant, Rachel Power, was not discriminated against or victimised by the CEO of Secure Code Warrior Ltd of Northampton despite telling her that she "has balls". In 2018, Ms...
It seems that many people are losing motivation as some of us are entering into weeks 6 and 7 of remote working. The novelty may have started to wear off and our excitement at the prospect of cutting the commute short has long since dwindled. The question...
A recent Supreme Court decision in the case of Barclays Bank plc v Various Claimants held that the bank was not vicariously liable for the acts of an independent, self-employed doctor that was contracted to undertake the medical...
There are been some reports that there are companies that are abusing the Coronavirus Job Retention Scheme ("CJRS") in that they are requiring their employees to work despite placing them on furlough and claiming their wages from the G overnment. ...
British Airways Announces up to 12,000 jobs 'AT RISK' of redundancy British Airways is yet another company that has become adversely affected by the current Covid-19 pandemic. The airline has announced this week that it would have to make up to...
It has been noted by George Eustice, the Secretary of State for Environment, Food and Rural Affairs, that Furloughed employees could be encouraged to fill the labour shortage that the farmers are encountering. It appears that due to the pandemic, only...
With the current lockdown in the UK, we are seeing a lot of employees working from home. The influx in this flexible working has proven invaluable in showing businesses and employees alike that remote working and flexible working is a possibility. We...
Many employees have now faced the reality of being placed on furlough by their employers under the Government's Coronavirus Job Retention Scheme ("CJRS") and a vast majority have been looking for options to fill their time and also top up their...
More employees will now benefit from the Coronavirus Job Retention Scheme The Government continues to update the Coronavirus Job Retention Scheme ("CJRS") as things continue to unfold nationwide. The CJRS currently supports businesses and...
The High Court has held that administrators can furlough employees and pay them under the Government's Coronavirus Job Retention Scheme (CJRS). On 16 March 2020, Carluccio's restaurant chain has closed its doors in line with the Government's...
What do your Terms and Conditions say about your business? Unfortunately, the current climate has proven that many companies do not have terms and conditions that completely protect them and / or the business needs and that has caused some difficulties all...
The Government's Plan to save jobs will likely cost up to £40 billion. The announced Job Retention Scheme has been a welcome reprieve to many employers and employees as many have been able to avoid redundancies in their midst as they place a...
The current pandemic has, inevitably, put a lot of pressure on GP surgeries but, at the same time, has brought along quite a few changes in the systems that we have all come to know for sickness and absence process in the workplace. To date, employees have...
There is a lot of uncertainty at this time around the workplace and pregnant women have been concluded to fall within the High Risk category group which means that most employers have asked their pregnant employees to work from home for at least the next 12...
On Monday 23 March 2020, the Government has announced that we should all stay at home at all times except for going to medical appointments, buying supplies, undertaking one form of exercise per day, or those that have to travel to and from work, if...
Employers are on countdown for new requirements on employment contracts. From April, the statutory requirements around statements of particulars are changing and being extended to include all workers, not just employees. It means that anyone...
NDAs are, literally, Non-Disclosure Agreements. They are very frequently used in business or employment to ensure that a party (or both parties) does not make certain information about the employer / business public. This could be because it is a company...
"What happens if I can't get to work during Storm Ciara?" It looks as though the UK is currently being hit by quite a storm, and this happens every once in a while in our English weather. But, how does this affect your work schedule and...
Ikea has announced that this Summer 2020 it will be closing one of its large stores in Coventry which means that there are currently 352 members of staff that are at risk of redundancy and are undergoing consultation. The closure has been announced as a...
Alastair Stewart, the ITV News presenter has announced this week his resignation from ITV following a "… misjudgement which [he] regret[s] …" as he said in his statement. Many are disappointed to see the presenter leave, as he had...
KCJ Training and Employment Solutions in Swindon has decided to compensate its employees that do not smoke with 4 additional leave days' per annum. This is based on a rough estimation that if a smoker takes just one smoking break a day, at 10 minutes a...
Avoiding a cracker of a hangover from the company Christmas party... As the clock ticks down to Christmas party time, companies need to avoid the event becoming the wrong sort of cracker. Any company-organised office party, whether in or out of...
Can your employer change your work contract? Our team answer your questions... Duncan Carson was an Asda employee who worked from 6am to midday as a baker in one of the chain's stores. Those times suited him as he was used to working mornings and he had...
Holiday pay for those who work only part of the year and have no contractually set hours should not be calculated on a pro rata basis, under a judgement that will affect many in the education sector. The Court of Appeal has ruled in The Harper...
Reaching tipping point on gratuities... Restaurateurs and other hospitality sector businesses should not bank on Brexit delaying the Government’s plans for legislation designed to deal with tipping protocols. In December last year the...
Our employment team tackle the tricky subject... Recently, the issue of deduction from wages of employees has come to the forefront again as Costa employees in Essex have complained that a sum of £200 was deducted from their final payslip to cover...