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Many family businesses employ siblings or other family members. Working with siblings can be rewarding and have many benefits but it also comes with its own set of problems. A common and uncomfortable issue is where one sibling chooses not to pull their...
This article is written for family businesses who are in the middle of a dispute and where swift action is required. If your business is going through a dispute but it is not yet at this stage, you may benefit from reading “ Mediation, arbitration...
Unfortunately discrimination in the workplace has not been confined to the annals of history. If you are an employer or you find yourself subject to discrimination it is important to know your rights and how the law can offer protection. Discrimination...
A claimant may have difficulties in pursuing an employment claim where his employer or former employer has become insolvent and the company has gone into administration. The Insolvency Act states that where a company is in administration, no legal process...
Social media is prominent in today’s technological world. Whether it’s used personally, for business or both, social media and messaging services such as WhatsApp are rarely far from our fingertips. The rise of social media means it’s...
There are a number of important employment law changes taking place this year of which businesses should be aware. I’ve set out some changes that are happening imminently below. All public sector organisations with over 250 or more employees as at 31...
A scheme exists where employers who have underpaid the National Minimum Wage (NMW) are named. This “naming and shaming” is done with a view to deterring employers from paying less than the NMW. Since April 2016, financial penalties can be...
Employers will be aware that unless an employee has acquired 2 years’ service, the employee cannot make a claim for unfair dismissal. When the employee has worked for a month they are entitled to a week’s statutory notice to terminate their...
A recent case, Tenon FM Ltd –v- Cawley, has highlighted the dangers to employers of failing to ensure that senior employees sign their contracts of employment. In this case the employee left her employment and then sought to persuade one of her...
If you have lost your job or are in the process of losing it, you should take steps to understand your rights. You may be protected against unfair dismissal, wrongful dismissal or unlawful discrimination, or be entitled to a redundancy payment or other...
The settlement of an employment tribunal claim must take one of three forms: The terms of settlement are set out in the body of a tribunal judgment or in a schedule/annex to that judgment An ACAS conciliated settlement, known as a COT3, or A settlement...
One of the best ways to fund litigation is through legal expenses insurance. Such insurance is often included as part of a household, travel, pet or a motor insurance policy. Most policies cover legal fees and disbursements up to £50,000 or...
A recent case confirms that there remain some scenarios where employers will not be held liable for the actions of wayward employees. For an employer to be liable for the negligence of an employee the following three elements must be present: 1.There...
Through our professional adviser network we have access to UK immigration law specialists, and via our network of foreign lawyers we are able to provide immigration advice to our clients worldwide. This article has been written by Sally Azarmi of...
The Equality Act says that employers cannot be expected to make adjustments to the workplace if they did not know – or could not reasonably have been expected to know – that their employee had a disability. In a recent case, an employee claimed...
ACAS has the power to help parties conciliate tribunal claims using conciliation officers who act as go-betweens in an attempt to settle proceedings before the hearing. In April 2009 ACAS pre-claim conciliation became available, whereby ACAS could try to...
The question has often been asked whether an employee has to inform their new employer about any claims they are against their previous employer. Both the employment tribunal and the employment appeal tribunal (EAT) had an opportunity to consider this point...
If an employer overpays an employee can he always recover that overpayment? The Employment Rights Act 1996 says that an employer is not authorised to make a deduction from an employee’s wages unless the deduction is authorised by statute (i.e. tax and...
Employers should be aware of the recent decision of the Court of Appeal which made it clear that “legal advice privilege” does not apply beyond the traditional legal professions of solicitor, barrister and chartered legal executive. Any advice...
Employers may be disgruntled to find an employee who is on sick leave and is claiming sick pay continues to work in a second job. But an employer must be cautious before dismissing an employee who it thinks might be malingering, as the following case...
When an Employment Tribunal assesses whether an employee was dismissed fairly or not, it must determine the reason for the dismissal; this means that the Tribunal will need to establish what was in the dismissing officer’s mind at the time the...
Among the powers of the Employment Tribunal are those to award costs against a party that has acted “vexatiously, abusively, deceptively or otherwise unreasonably” or that has brought proceedings deemed to be misconceived. Since 6 April 2012 the...