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Uber drivers’ and employment rights

…Antonio Fletcher, Senior Associate in Brachers’ Employment law team appeared as a guest on KMTV’s business show, Chris & Co on Wednesday 27 September. Read more


GDPR - do you know what’s coming?

…The biggest change to data protection and how businesses process personal data in 20 years is set to take place when the new General Data Protection Regulation (GDPR) comes into effect on 25 May 2018. Compliance with GDPR is not optional and so businesses, charities and public bodies are in… Read more


Frequently asked questions on GDPR

…What are my individual rights under GDPR? The GDPR provides you as an individual with a right to have easier access to data, a right to have greater information about your data and how it is processed, a right to restrict processing of data, a right to object to data… Read more


Employers are urged to put mental health high on their agenda in 2017

…We are urging employers to put mental health high on their agenda, along with our associated HR consultancy, Kent HR, which specialise in employment and HR matters and are co-sponsors of the 2017 Wellbeing Symposium. Read more


Collaborative Employment Law (‘CEL’)

…Collaborative Employment Law (CEL) is a new service offered by a group of employment lawyers who are committed to working together to resolve employment and workplace disputes. Read more


Employment law update: Key developments for April 2016

…As always, April sees a raft of changes to employment law coming into force. As a result, we’ve put together an overview of these changes so that you can ensure your organisation is up to date, remains compliant and is on top of the most recent changes. Read more


Settlement agreements: understanding the process

…An employer wishing to part company with an employee can enter into an agreement whereby the employee will be paid a sum of money in return for agreeing not to pursue any claims in a court or tribunal. Read more


Agency workers - not the same rights as permanent staff

…The Employment Appeal Tribunal has indicated the Agency Workers Regulations mean an agency worker has to be told about vacancies but did not have to be given the job. Read more


Apprenticeships in Medway

…If you are considering taking on an apprentice for the first time during 2015, you still have the chance to benefit from up to £100,000 of financial support which is available through the “Medway 100 in 2015” scheme. Read more


Manufacturing and effective resourcing

…Manufacturing remains strong with the Manufacturer publication reporting a contribution by the manufacturing sector of £6.7 trillion to the global economy. The UK is reported to be the 11th largest manufacturing nation with manufacturing making up 54% of UK exports and employing 2.6 Million people*. Read more


Will your business’ reputation survive reporting your gender pay gap?

…Equal pay is an area of law stark in its statistics with a 21.4% full time pay gap reported in the UK between men and women in 2012. Read more


Mental health and the impact on the manufacturing industry

…Mental health issues have been a common focus in recent press articles and it is easy to see how employers might struggle to know what to do. Read more


The Braganza case - employers - arbitrary, capricious, irrational or perverse

…Employment contracts contain sometimes contain discretionary powers and these allow an employer to make decisions affecting the employment relationship. Read more


Woolworth’s decision: collective redundancy consultation to be site based

…The European Court of Justice (ECJ) has recently delivered some good news for employers whose workforce operates across a number of sites. Since an earlier decision in 2010 there has been much legal debate on the correct interpretation of the law where an employer proposes to make large scale redundancies.… Read more


Recouping the cost of training

…It is often cited that as an employer, your most important asset is your employees, and businesses invest a lot of money in training and developing their workforces to make sure that their employees are up to date and capable of carrying out their duties efficiently. There is no automatic… Read more


E-cigarettes - not prohibited in a school

…An employment tribunal has indicated that e-cigarettes are not to be treated in the same way as traditional cigarettes. Read more


What does a Conservative victory mean for employment law?

…With the Tories winning the majority what could this mean for employment law? Read more


Holiday pay should include commission

…There has been much publicity following the recent ruling by the Employment Appeals Tribunal that holiday pay must include pay based on overtime which an employee is required to work. Read more


New ACAS code now in force

…ACAS has issued a new Code of Practice on Disciplinary and Grievance procedures which came into force with effect from 11 March 2015. Read more


Football Manager drops the ball

…There has been much publicity following the High Court ruling of the misconduct dismissal case of Williams v Leeds United Football Club. Read more


A reminder – workers may be entitled to be paid whilst they are sleeping!

…The Government is strengthening minimum wage enforcement and has indicated that in future all employers who are found not to meet national minimum wage (NMW) rules will be publicly named. Read more


Is obesity a disability?

…The European Court of Justice (“ECJ”) has now confirmed the position of whether obesity is considered to be a disability under European Union law. Read more


Fit for Work launches advisory service

…Following an announcement by the Government last year that a new Health and Work Service would be launched in late 2014, a website has been launched for the Government’s renamed Fit for Work service. Read more


Employee ordered to pay tribunal fees

…In the case of Horizon Security Services Ltd v Ndeze the Employment Appeal Tribunal (EAT) ordered the employer to repay the employee’s tribunal fees of £1,600 after a successful appeal. Read more


Coming soon - Health and Work Service

…There has been little fanfare in relation to the Government’s proposed new Health and Work Service which is planned to launch in late 2014, and indeed many employers may not have heard about it. This article looks at what the proposed service is, and how it is expected to work. Read more


Tattoo discrimination

…Many employers will be familiar with employees who are facing disciplinary action complaining about ‘discrimination’ against them. For example recent stories in the press have concerned tattooed employees who have either been dismissed or have, so they claim, been ‘forced out’ claiming that they have been subject to ‘discrimination’. Read more


Update – Obesity “may” be a disability

…Last month we were featured in the publication, HR Zone, reporting on a European case involving a Danish Child-minder who alleges unfairly dismissal and discrimination due to his obesity. The European Court was asked for clarification as to whether current EU law can be interpreted to include obesity as a… Read more


Competition restrictions – not worth the paper they are written on?

…Businesses invest huge amounts of effort into winning new customers and developing and preserving customer relationships. Businesses also invest huge efforts into creating confidential information and developing trade secrets. Read more


Consultation launched into recovery of public sector exit payments

…The Government has launched a consultation entitled “Recovery of Public Sector Exit Payments” following a pledge to clamp down on high paid public sector employees receiving generous redundancy and other exit packages and then returning to the public sector soon after whilst keeping their payments. Read more


Government “crackdown” on zero hours contracts

…We suspect that many of you will have heard of the phrase “zero hours contracts” and our earlier article, posted by Abigail Brightwell on 20th May 2014 provides a detailed overview of these contracts, including a discussion on what they are and why they were in the spotlight earlier this… Read more


Is obesity the new disability?

…Recent research confirms that the UK has higher levels of obesity and overweight people than anywhere in Western Europe except for Iceland and Malta and that 67% of men and 57% of women are either overweight or obese. Read more


Share schemes are problematic for employers in the care sector

…Figures indicate that the new employee shareholder arrangements are having a minimal effect throughout the business community including the care sector. Read more


Zero hours contracts

…You may be aware of a lot of recent news coverage regarding the use of “zero hours” contracts, with ACAS recently stating that they “breed mistrust and feelings of insecurity”. The Office for National Statistics recently published the results of a survey estimating that there are around 1.4 million people… Read more


New code published on preventing illegal working

…The Home Office has published a new draft statutory code on preventing illegal working and will replace the existing 2008 code. There are several key changes that employers and employees need to be aware of. Read more


Early conciliation service helps 1000 a week in first month

…It has now been over a month since ACAS launched its Early Conciliation (EC) Service, a scheme aimed at resolving workplace disputes quickly and at an early stage before Tribunal proceedings are issued. Read more


Do care workers and other employees have to be paid the national minimum wage for ‘sleeping’ shifts?

…The National Minimum Wage (NMW) is payable to employees for any time spent working. However, where an employee undertakes a ‘sleep in’ (i.e. where they are able to sleep at work in facilities provided by their employer and during this time they are ‘on call’) are they entitled to the… Read more


Right to request flexible work extended to all employees

…Employers are planning now for expected changes to the right to request flexible work. Employees’ rights have expanded considerably since they were first introduced and the next stage of development is anticipated in the summer of 2014. Read more


The importance of a social media policy

…The rapid expansion of social media use is phenomenal. Twitter has recently been reported to have approximately 230 million users worldwide while LinkedIn boasts more than 100 million registered users. It is estimated that lost time spent on social networking sites costs UK businesses approximately £1.38 billion every year. Read more


April 2014 – key changes to employment law

…here are several key changes for employers and employees to be aware of that come into force on 6 April 2014. Read more


Discrimination at work during pregnancy for police officer

…In a recent decision, the EAT has held that a female police dog handler, who was no longer operational because of her pregnancy, was discriminated against when her search dog was removed from her. Read more


Covert recordings by employees – are they admissible as evidence?

…In an age where smartphones and other devices with audio recording capabilities are prevalent, it is becoming easier for employees to covertly record conversations and meetings in the workplace. The question therefore of whether covert recordings can be admissible as evidence in an Employment Tribunal is an important one. Read more


New compensation limits announced

…New compensation limits have been published by the government, which will come into effect from 6 April 2014. Read more


TUPE – changing terms and conditions post transfer by dismissal and re-engagement

…The recent case of Hazel v The Manchester College 2014 serves as a salient reminder of the difficulties faced by an employer seeking to change terms and conditions of employment inherited under a TUPE transfer. Read more


As the flood waters recede, legal questions remain for employers

…Employment contracts may need altering if weather disruption is likely to recur. Read more


Why has the uptake of employer share schemes been so low?

…With Nick Clegg and Vince Cable at loggerheads over employee shareholder schemes, figures suggest that the scheme may be having a minimal effect. Many schemes are overcomplicated and employees may be nervous about working in this way and giving up some of their employment rights for shares. But is it… Read more


Tribunal fees to stay

…The High Court has dismissed UNISON’s application challenging the lawfulness of fees in the Employment Tribunal and Employment Appeal Tribunal. Read more


Watch out, the whistleblower’s about!

…An article in the Financial Times has reported that whistleblowing is increasing in the United Kingdom. Read more


We want to be together - parents to have more family time following birth?

…The Government’s response to its consultation on the administration of shared parental leave and pay has been eagerly awaited by many. Read more