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Richard  Gvero
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The right to request flexible working has been with us since 6 April 2003 and from 30 June 2014 was extended so that employees could effectively make requests for any reason (rather than just for childcare reasons as was the position previously). Clients often call me concerned as to the damage flexible working might do to their business.  

Richard  Gvero
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As the summer draws to a close and interns go back to college, it's worth highlighting a potential problem with the internship concept.

Miranda Mulligan
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In a unanimous decision in the case of R (Unison) v The Lord Chancellor on 26 July 2017, the Supreme Court found that tribunal fees are unlawful.  

Richard  Gvero
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The power of contractual restrictions preventing former employees from wreaking havoc with customers and sensitive commercial information is often underestimated.

Richard  Gvero
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The long awaited Taylor review on working practices in the UK was published on Monday 11 July.  It looked closely at the much talked about "gig economy" comprised of some 1.1 million workers such as Amazon and Hermes couriers and Uber taxi drivers.  Such workers are currently classified as self employed and therefore do not enjoy the employment rights of employees and workers and have no guarantee of any work.  

Richard  Gvero
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The hung parliament result we have all been talking about means that it is difficult to assess the extent to which the Conservatives' plans for employment law reform will come to fruition.  However, the manifesto was full of promises, some of which would have left employers a little concerned.

Miranda Mulligan
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This week is National Apprenticeship Week. What many employers don’t realise is that the term ‘apprenticeship’ can mean many things and, in legal terms, the contractual arrangements can be quite complex.

Richard  Gvero
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Family businesses are so important to commerce but without sensible protective steps they can easily implode and in the process destroy the family relationships on which they were founded. So how can you pre-empt these issues if they arise, and manage them effectively to avoid nuclear fallout? 

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The much-publicised employment tribunal claim brought against taxi firm, Uber, concluded last week and the ruling could have major implications for many businesses operating in the so-called gig economy.

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With the right to wear religious dress having dominated the news lately, it is an issue which is also occupying employers. Increasingly, employers are facing dilemmas over religious dress when enforcing dress codes, and they are having to tread carefully.

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Richard  Gvero
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Recruitment firms have been urged to check their contracts in light of changes set to be ushered in as part of wider reforms to trade union laws.

Richard  Gvero
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With the summer finally upon us and the Euro 2016 football tournament well under way, employers across the UK are likely to encounter an increasing number of staff ‘pulling a sickie’. Unpredictable and irregular time off can have a serious impact on an organisation’s wellbeing – particularly when repeat offenders are involved.

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Everyone knows that having company policies in the workplace is a healthy thing all round. But do you know what the legal status of your policies is? You may have thought they were there for guidance purposes, but did you know they could contain serious contractual obligations?

Posted in:, Employment
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A new survey has found that a startling number of UK employees are struggling with stress in the workplace – and that just over half of the UK workforce are happy at work.

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Richard  Gvero
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Euro 2016 begins today, and employers across the UK are advised to prepare for some flexibility and employee absences.

Richard  Gvero
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An employment tribunal has awarded a female tour guide a £38k pay-out following a discrimination dispute between the guide and her ‘bully’ boss.

Richard  Gvero
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An employment tribunal has found that Footballer Jonas Gutierrez was scrapped by Newcastle United due to a testicular cancer diagnosis.The 32-year-old midfielder said that the management ensured that he failed to make enough appearances on the pitch on purpose to avoid triggering a £2 million one-year contract extension.

Jennifer Mansoor
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Each year, sickness absence costs employers billions in lost days and associated work costs. In an effort to tackle our so-called “sick note culture”, the government has introduced the Fit For Work (‘FFW’) scheme. FFW is a voluntary, government-funded service which aims to help employees return to work as quickly as possible.

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There has been a raft of cases in recent years on the question of how time spent on-call should be treated for the purposes of paying workers.  If you have a worker who is on-call (and potentially asleep if they are on-call during the night) do you have to pay them for all of this time?  Do you have to pay them for time spent in between call-outs?  Do you have to pay workers when they are actually asleep?

Posted in:, Employment
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A recent decision of the European Court has caused a stir in relation to whether peripatetic workers should be paid for time spent travelling to and from home. The Court looked at the Working Time Directive (implemented in the UK through the Working Time Regulations 1998) which provides for workers to have sufficient rest, breaks and holidays.  The issue was: what constituted “working time” for the purposes of calculating rest?

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Have you been offered a settlement agreement by your employer?  Here’s what you need to know about the process, and what advice to seek.

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Two cases have emerged from the employment tribunal recently, both concerning the use of mobile phones whilst driving, but with very different outcomes.  The decisions in these cases conflict, but raise very important points about the issues surrounding...
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Richard  Gvero
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Since December 2014 employers, employees and GPs have been able to access a helpline manned by occupational health professionals to obtain free health and work advice.   Free referral for occupational health assessment will be available before the...
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By Richard Hull and Sanya Masood The last year was not a good one for footballers on social media. At the beginning of May, Shaun Tuck (footballer for Warrington Town FC) was arrested following racist comments he had posted on his Facebook page. This was...
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It was a worrying moment for employers when the EAT handed down its decision in November in Bear Scotland Ltd –v- Fulton and others on the calculation of holiday pay.  As we reported at the time  overtime and holiday pay: a ticking...
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It was a worrying moment for employers when the EAT handed down its decision in November in Bear Scotland Ltd –v- Fulton and others on the calculation of holiday pay.  As we reported at the time  overtime and holiday pay: a ticking...
Posted in:, Employment
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It was a worrying moment for employers when the EAT handed down its decision in November in Bear Scotland Ltd –v- Fulton and others on the calculation of holiday pay.  As we reported at the time  overtime and holiday pay: a ticking...
Posted in:, Employment
Richard  Gvero
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4 November brought a controversial Employment Appeal Tribunal decision in relation to overtime and holiday pay which could have major financial implications for many businesses.  Essentially, it was decided that payments for overtime that the worker is...
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The Advocate General (AG) of the European Court has concluded that it is unlawful to discriminate against someone on the grounds of obesity where it has reached such a degree that it hinders participation in professional life.  If the obesity is...
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And so the FIFA World Cup 2014 has kicked off in earnest and with all of the England matches scheduled for 5pm or later on week days, employers might assume that they have little to worry about in terms of the effect on their workforce. However, employers...
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Earlier this month we co-hosted a lively HR Forum with the Hertfordshire Chamber of Commerce at which we talked about a number of current employment law developments, including the new ACAS early conciliation rules; the new rules on holding “without...
Posted in:, Employment
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Next month, we’ll see a major change in the right to request flexible working, meaning that from 30 June far more employees will have the right to request different working arrangements. Whilst anyone can ask informally to work flexibly at any time,...
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On the 6 th of April, ACAS’ new compulsory early conciliation scheme came into effect under the Enterprise and Regulatory Reform Act 2013. This scheme has produced much debate, as we saw at the Longmores’ Employment Team’s recent breakfast...
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You’ve probably seen the government’s ‘I’m in’ advertising campaign, but do you know what it’s all about and does your business comply with the new auto-enrolment pension rules? For some time, there has been concern that...
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A recent decision in the Employment Appeals Tribunal reminds employers of the importance of the appeal stage in internal proceedings. The claimant, Ms Little, was employed by Richmond Pharmacology Limited, as a full time sales executive. After a period of...
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Catrin trained at City firm Reynolds Porter Chamberlain where she worked for 5 years as an employment lawyer. In 2005 Catrin joined regional firm McKeowns to head up their employment department before joining Longmores in 2009. Catrin has returned to...
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Richard  Gvero
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You really do not have to put up with competitors or former employees gaining unfair competitive advantage by stealing your business information and trying to capitalise on trading relationships that you have developed and invested in. You need to make sure...
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Recent reports suggest that employers find it difficult to dismiss underperforming staff; however, it can be done relatively problem free if you do it properly. Employers have time to decide whether an employee is suitable for the job; this is the purpose...
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John Wiblin
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Employers are often reluctant to provide detailed references for former employees and that is especially the case when it comes to providing negative references. They worry that disgruntled employees will sue if inaccuracies creep into the reference or if...
Posted in:JohnWiblin, Employment
John Wiblin
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A sensible employee lines up another job before giving their notice.  Where the new job will be with a competing business, the employee may have conflicting claims upon their loyalties. What are the employee’s legal obligations in those...
Posted in:JohnWiblin, Employment
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The question as to whether employees who are off work due to sickness for more than a year are entitled to paid statutory holiday under the Working Time Regulations 1998 (WTR) was dealt with in the case of Stringer and others v HM Revenue and Customs. The...
Posted in:, Employment