Category Archives: Employment

Christmas Parties Gone Wrong

As the Christmas party season gets into its full swing and the free booze is flowing, it’s easy to see how things can be said or done that will be regretted the next day. As such, whilst it ‘tis the season to be jolly, hosting a Christmas party can cause problems for employers long after […]

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National Work Life Week

It’s ‘National Work Life Week’ – an opportunity to focus on well-being at work and work-life balance. Any employee with 26 weeks service for the same employer has a legal right to make a request to work flexibly – you don’t have to be a parent or carer.  If your request has been refused you […]

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New Acas Religion & Belief Guidance

Religion will always be a sensitive subject and in a multicultural society like ours it can be tricky for employers to navigate without unintentionally discriminating.  With that in mind, Acas (the Advisory, Conciliation and Arbitration Service) have just issued new guidance on Religion and Belief discrimination. What is religion or belief discrimination? The Equality Act […]

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Dress Codes: “Don’t tell me what to wear!”

As a society we are becoming increasingly averse to being told what to do, not least in the workplace and especially when the British summertime hits and we want to ditch the suits and keep cool…… Can I be told what to wear? There are many valid reasons why an employer may impose a dress […]

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Annual Leave: Know your rights

Right about now, we are all feeling like we need a good dose of sunshine if not just a break from the hum drum of working life. So, what are your rights? Your basic rights – The Working Time Regulations 1998 ensure all employees and workers can take paid leave.  If you are full time, […]

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City litigator joins North Ainley

Long established Oldham firm North Ainley is pleased to announce the appointment of experienced lawyer Laura Campbell to bolster its litigation practice. Laura has spent her career to date in Manchester city centre, having trained at a large national practice before moving to top global law firm DWF LLP.  With experience in all areas of […]

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UBER – Latest Case

Uber’s Application to take its Appeal straight to the Supreme Court, thereby bypassing the Court of Appeal, has been refused. This means that the Appeal against the decision that Uber drivers are “workers” (rather than self-employed contractors) and entitled to the rights associated with that status (e.g. holiday pay) will now be heard by the […]

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Holiday Pay

The European Court of Justice has recently made an important ruling in an English case referred to it concerning holiday pay.  It is a decision which will have important and far reaching implications for Uber drivers and others in a similar situation. The question for the Court was whether a worker who does not take […]

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Update on Recovery of Employment Tribunal Fees

The Refund Scheme is now open to everyone who has paid fees in connection with a Tribunal Claim or an Appeal since July 2013. You can apply if one of the following circumstances applies to you:- (1)      you paid the fees and made the claim; (2)      you paid the fees for someone else to make […]

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Leave for Grieving Parents

A long overdue Bill is to be presented to Parliament entitling parents who lose a child under the age of 18 to at least 2 weeks parental bereavement leave to be taken before the end of the period of 56 days beginning with the date of the child’s death.  Any employee, regardless of length of […]

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Employment Law Update – Support for Parents with Premature or Sick Babies

Acas has recently published a very helpful advice and guidance note in relation to workplace support for parents with premature or sick babies.  This can be accessed at www.acas.org.uk. Employers in such situations often find it difficult to know how best to deal with parents in a sensitive way.  The ACAS advice encourages them: To […]

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More on Tribunal Employment Fees

Further to my previous piece regarding Tribunal Fees, the President of the Employment Tribunals has issued an Order staying all tribunal claims brought in reliance on the Supreme Court’s recent decision pending decisions of the Ministry of Justice and the Tribunal Service as to the implications of the decision. The effect appears to be that […]

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Employment Tribunal Fees

The big news in Employment Law is the Supreme Court’s declaration that Employment Tribunal and Employment Appeal Tribunal fees are unlawful both in Domestic and EU Law.  Tribunal fees have been payable by Claimants since 29 July 2013.  The effect of the decision is that all fees paid since that date must be reimbursed by the […]

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Employment Law Titbits

Our Employment Law Partner Geoff Lamb brings a couple of recent decisions which may be of interest. The first concerns a Company making an employee redundant after a period of disability related sickness and whether that amounts to disability discrimination. No said the Employment Appeal Tribunal on the facts of the particular case.  It had […]

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Do adjustments have to be made for a job candidate with Asperger’s Syndrome?

In a case recently before the Employment Appeal Tribunal a job applicant was found to have been discriminated against by being required to sit a psycho metric test.  The applicant, Ms Brookes, applied for a job with the Government Legal Services (GLS).  Along with all other candidates she had to undertake a multiple choice Situation […]

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HR Audit for Businesses

At North Ainley we offer to clients an HR Audit Package to include a review of existing Contracts of Employments and Policies to ensure you are complying with current legislation and your documentation is fit for purpose.  Key areas are:- Terms and conditions of Employment Contracts Ensuring confidentiality Protecting businesses when key employees leave Working […]

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Mental Illness

The statutory definition of “disability” must be satisfied for an employee suffering from a mental illness to be able to bring a discrimination claim. It reads “A Person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his ability to carry […]

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Sleeping at Work

A question of vital importance to employers who engage workers for night work is whether ‘sleep in time’ counts as work time, for which the worker is entitled to receive the national minimum wage, not least because, if employers get it wrong, they could face criminal sanctions. Three cases on the point were recently heard […]

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Employment termination payments

The calling of a snap General Election on the 8 June 2017 has raised the question as to whether any pending employment related legislation will complete its parliamentary progress in time. The Government has in fact announced that it will push through, before Parliament is dissolved on the 3 May that part of the Finance […]

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