by Andrew Macmillan | May 10, 2022 | News
Covid-19 has caused many problems for employers but was it automatically unfair to dismiss an employee who refused to attend work over concerns about the risk of Covid-19 to his vulnerable children? No, held the Employment Appeal Tribunal (EAT) in the recent case of...
by Andrew Macmillan | May 9, 2022 | News
Regular readers of our news updates and blogs may recall that in 2015 exclusivity clauses were made unenforceable against workers on zero hour contracts. The government is now proposing to extend the ban on exclusivity clauses for workers whose earnings are below £123...
by Andrew Macmillan | Apr 20, 2022 | News
Sometimes, employment tribunals have to decide if there is a serious enough repudiatory breach of an employment contract entitling an employee to resign and claim constructive dismissal. This is often referred to as the “last straw” doctrine. In fact, the...
by Andrew Macmillan | Apr 10, 2022 | News
It is an established legal principle that employees cannot remove confidential documents from their employer (or retain confidential documents that they have removed when they were employed) for the purposes of taking legal advice. Not all employees are aware of the...
by Andrew Macmillan | Mar 29, 2022 | News
The NLW and NMW rates from 1 April 2022 are set out below: Rate from April 2022 Current rate (April 2021 to March 2022) Increase National Living Wage £9.50 £8.91 6.6% 21-22 Year Old Rate £9.18 £8.36 9.8% 18-20 Year Old Rate £6.83 £6.56 4.1% 16-17 Year Old Rate £4.81...
by Andrew Macmillan | Mar 23, 2022 | News
The answer to the question is that it is a matter of choice for an employer but one which should always be exercised carefully after weighing up the various pros and cons. If an employer makes a disciplinary procedure contractual, it should be able to require...
by Andrew Macmillan | Mar 14, 2022 | News
Employers have historically monitored employees’ hours by using traditional methods such as timesheets, but with working from home increasing during the pandemic, we ask: Is it legal for an employer to use apps and IT software and what considerations are necessary?...
by Andrew Macmillan | Mar 8, 2022 | News
Can a non-competition restrictive covenant in a service agreement prevent a solicitor from joining a competitor? Yes, held the High Court in the case of Law By Design Ltd v Ali. The Claimant began employment at Law By Design in 2013. In 2016 she became a shareholder...
by Andrew Macmillan | Mar 2, 2022 | News
Our care home and social care sector clients will no doubt be very pleased to discover that compulsory Covid jabs for care workers are being scrapped in England. The policy was introduced last year (2021) but immunity levels, and the Omicron variant causing less...
by Andrew Macmillan | Mar 1, 2022 | News
The Office for National Statistics (ONS) has alarmingly confirmed that 809,000 people have so far self reported as suffering from long Covid! But can long Covid actually constitute a disability under The Equality Act? The answer is potentially YES! Any sensible...
