Employee Advice

Amendments to the SSP Regs have been made and come into force today:

Highlights: Self-isolaters from Coronavirus will be eligible for sick pay. No need to be sick just self-isolating. http://www.legislation.gov.uk/uksi/2020/287/pdfs/uksi_20200287_en.pdf?mc_cid=03442dec30&mc_eid=f0c14693a9 We await amended regulations for SSP to be reclaimable for SMEs and to be payable from day one.

Okedina v Chikale: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim?

This case is about domestic workers and asks: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim? Ms Okedina, the Respondent, was a Malawian national who lived and worked in the UK. Ms Chikale, the Claimant, had worked for the Respondent in Malawi looking after the Respondent’s parents. The […]

April Employment Law – Payslip Update

Last year we reported that the (Itemised Pay Statement) (Amendment) Order 2018 will require employers to state how many hours the employee worked and at what rates of pay these hours were worked. Workers as well as employees will also need to be given payslips. Our previous feature includes an example and also warned that […]

By |2019-12-23T17:59:16+00:00March 29th, 2019|Employee Advice, PJH & Industry News|0 Comments

Barbulescu v Romania – How does the right to a private life interact with an employer email and computer use policy?

Our next case takes a slight detour away from traditional employment law to the European Court of Human Rights via the scenic route of Romania on how does the right to private life interact with an employer email and computer use policy? Mr Barbulescu, the Claimant, worked in sales and was asked to set up […]

By |2017-09-08T08:13:17+00:00September 8th, 2017|Employee Advice|0 Comments

Does it matter if the employer believes disclosures weren’t protected even though the principal reason for dismissal was the disclosures?.

Welcome back to your weekly update. We can’t bring you another bank holiday weekend (yet!) but we can deliver an interesting case on whistleblowing. It is worth noting at this point that the Employment Rights Act 1996 (s103A) protects an employee from being dismissed for making a protected disclosure. The facts of the case: The […]

By |2017-06-08T08:45:07+00:00June 8th, 2017|Employee Advice|0 Comments

Sacked For Sleeping With Orlando Bloom

As always we round off the newsletter with an incredulous employment law story that has wound up in the tabloids. This month, to counterbalance the high political features, we have three tales of smut, vandalism and ‘banter’. Our first case is a classic example of why staff should not fraternise or make themselves too familiar […]

By |2017-05-25T14:16:20+00:00May 25th, 2017|Employee Advice|0 Comments

An Employment Law Review of 2016

Season’s Greetings to you and welcome to our final newsletter of the year. Last week’s case law update was an ECJ case about fixed term contracts. We would also like to highlight our Christmas FAQs for anyone who hasn’t already read them. As it is the final update of 2016 we thought we would make […]

By |2019-12-26T15:22:54+00:00December 21st, 2016|Employee Advice, Employer Advice, PJH & Industry News|0 Comments

Lόpez v Servicio Madrileño de Salud – Is an employer offering repeated fixed term contracts instead of a permanent contract in contravention with EU Law?

Good morning and welcome back to your weekly Case Law Update. Last week we looked at vicarious liability, Christmas parties and mitigation of losses. This week we will be looking at fixed term contracts. To mix things up, today’s case is a European Court of Justice (ECJ) judgment. The ECJ decides cases bought by individuals […]

Garamukanwa v Solent NHS Trust – Does using evidence from an employees phone during a disciplinary amount to a breach of human rights?

This juicy case, which is genuinely worthy of its own TV show, concerns gross misconduct and human rights, particularly the right to a private life. Mr Garamukanwa, the Claimant, was a Clinical Manager for Solent NHS Trust, the Respondent. The Claimant formed a relationship with a nurse, Ms Maclean, on his ward. Upon this relationship ending the […]

Concurrent High Court and Employment Tribunal Claims

This case at the EAT deals with the situation where two cases with overlapping facts are listed before two different courts – in this case the High Court and the Employment Tribunal. The EAT approved a stay of the Tribunal proceedings pending the outcome of the High Court litigation. It was not appropriate for the […]

By |2019-12-29T18:11:05+00:00August 20th, 2013|Employee Advice, Employer Advice, Tribunal Procedures|0 Comments