by Andrew Macmillan | Aug 18, 2023 | News
The Worker Protection (Amendment of Equality Act 2010) Bill was introduced last year as a Private Members Bill and is supported by the government. As originally drafted, it pledged to protect staff from (a) harassment committed by third parties and (b) introduce a new...
by Andrew Macmillan | Aug 8, 2023 | News
Acas have released new and updated guidance on sickness absence which covers: checking holiday entitlement and sick pay; fit notes and proof of sickness; time off for dependants/parents; returning to work after absence; creating absence policies; recording and...
by Andrew Macmillan | Aug 3, 2023 | News
Did an employment tribunal err in its approach when finding that the unilateral variation of a nurse’s contract to move her from a band 6 role to a band 5 role was not an actual dismissal in the Hogg v Dover College sense? Yes, held the Employment Appeal Tribunal...
by Andrew Macmillan | Jul 26, 2023 | News
Nigel Farage’s recent high profile dispute with Coutts Bank has brought subject access requests (SARs) back into focus but what exactly are they? A subject access request is a request by an individual to access their personal information held by any data...
by Andrew Macmillan | Jul 19, 2023 | News
The Employment Relations (Flexible Working) Act 2023 has completed its passage through Parliament and now awaits Royal Assent. There are several things it changes about the current flexible working regime and several (possible more notable) things that it does not. In...
by Andrew Macmillan | Jul 17, 2023 | News
Was it lawful for the Government, without consultation, to revoke legislation which prevented workers on strike being replaced by agency workers? No, held the High Court in a recent case brought by the ASLEF union. The Secretary of State had, through the Conduct of...
by Andrew Macmillan | Jul 11, 2023 | News
Can a person be an employee or worker of two different employers at the same time in respect of the same work? No, decided the Employment Appeal Tribunal (EAT) in the recent case of United Taxis v Comolly. Mr Comolly was a taxi driver who carried-out work driving...
by Andrew Macmillan | Jul 3, 2023 | News
Can a Claimant be harassed if they were not aware of the act of harassment? No, held the Employment Appeal Tribunal (EAT) in the recent case of Greasley-Adams v Royal Mail Group Limited. The Claimant argued that he had suffered harassment in relation to his disability...
by Andrew Macmillan | Jun 26, 2023 | News
In discrimination claims for manifestation of a religion or belief, does a tribunal have to decide whether an employer’s actions were motivated only by the objectionable manifestation of a religion or belief, rather than the belief itself? Yes, held the Employment...
by Andrew Macmillan | Jun 15, 2023 | News
Return to work interview questions designed to reduce amounts of sickness absence: As a guide, the following questions and points can provide a helpful framework for the return to work interview: Welcome the individual back. They may be feeling worried, particularly...
