Veitch Penny Solicitors

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Employment Updates

Our Employment Law Updates are an excellent way to keep up to date with important issues.

 

You can search our archive of cases using the search facility below. Alternatively you can scroll down the page to view our entire archive, which is listed in date order, with the most recent at the top of the page.

Reasonable Adjustments for Disability – Appeal Court Guidance

Published on: 20 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Every responsible employer knows that reasonable adjustments have to be made for disabled workers. However, in a guideline decision involving a civil servant suffering from post-viral fatigue syndrome, the Court of Appeal has ruled that that duty is not without limit.

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Bank Worker’s Hopes Boosted in Race Discrimination Case

Published on: 16 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

A black computer consultant and business data analyst, whose employment with a high street bank was summarily terminated when he was less than three months into his contract, has won a fresh chance to prove that he was a victim of race discrimination.

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The Annual Christmas Party

Published on: 07 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

The firm's annual Christmas party gives employers the opportunity to thank members of staff for their contribution over the past year and is a chance for everyone to relax and enjoy the holiday season.

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Guidance on Recruiting and Retaining Transgender Employees

Published on: 26 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

The Government has published guidance, produced in partnership with Inclusive Employers, a membership organisation for employers looking to build inclusive workplaces, designed to provide employers with practical advice, suggestions and ideas on the recruitment and retention of transgender employees and potential employees. It is also a useful guide for the managers of trans staff and for trans staff themselves.

The guidance also provides clarification as to how the law applies in England, Scotland and Wales.

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Thinking of Whistleblowing? Get Legal Advice Before You Speak Out!

Published on: 24 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Workplace whistleblowers play an essential role in society and are protected by law. However, one striking case has underlined that confidentiality rules still apply and that you would be wise to take legal advice before expressing your concerns.

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‘Zero Hours’ Contract Workers Do Have Employment Rights!

Published on: 16 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

The idea that so-called ‘zero hours’ contract workers have no employment rights is a misconception, as is illustrated by a case in which a security officer who worked under such a regime was awarded arrears of holiday pay and compensation for her unfair dismissal.

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Employed by a Sprawling Multinational? Are You As Secure as You Think?

Published on: 12 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Those who work for large multinational companies often enjoy security, benefits and a breadth of opportunity envied by others. However, as a High Court case illustrated, complex corporate structures which span the world can lead to real difficulties in obtaining compensation in the event of a dispute.

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Sole Agency Agreements and Restraint of Trade – Judicial Guidance

Published on: 03 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Sole agency agreements, just like employment contracts, must be reasonable to be enforceable and the courts will strike down provisions that seek to restrict personal freedom or fair competition. In one case, however, the Court of Appeal gave its seal of approval to a contract by which a salesman agreed to represent one company and none other.

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False Police Disclosure Violated Teacher’s Human Rights

Published on: 15 June 2015 | in categories: Legal Updates | Employment Updates | News and Updates

A science teacher whose career was blighted by disclosure of false and damaging information to his employers by the police has won an important High Court ruling that what happened amounted to a violation of his human rights.

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The Law Moves Fast to Protect Software Company’s Rights

Published on: 07 June 2015 | in categories: Legal Updates | Employment Updates | News and Updates

The wheels of justice have a reputation for moving slowly, but a case in which three directors quit a technology company, taking a cohort of its strategic staff with them before setting up in rivalry, showed just how quickly the courts can move.

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Immigration Officer’s Unfair Dismissal Claim Wrongly Struck Out

Published on: 26 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

A former immigration officer, who delayed nearly six years before lodging an unfair dismissal complaint against the Home Office, has had her compensation claim reinstated after the Employment Appeal Tribunal (EAT) accepted that she may have been too mentally unwell to take action any earlier.

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Church of England Rector ‘Not An Employee’

Published on: 20 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

A Church of England rector who claimed to have been unfairly dismissed and penalised for whistleblowing was neither an employee nor a worker within the meaning of the Employment Rights Act 1996, the Court of Appeal has ruled.

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Where Do Globe-Trotting Employees Hang Their Hats?

Published on: 11 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

In an age of easy travel and global companies, it can be hard to say where some employees 'hang their hats'. In one case, a globe-trotting worker – who confined his time in the UK to less than 90 days each year in order to maintain his non-domiciled status for tax purposes – paid the price for his peripatetic lifestyle when an Employment Tribunal (ET) refused to hear his unfair dismissal claim.

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Need Skilled Migrant Workers for Your Business? Be Careful!

Published on: 05 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Many businesses rely on skilled workers from abroad, but the immigration rules which apply to them are both complex and strict. In an illustration of the point, the owners of a care home were left wishing that they had taken professional advice after a Home Office swoop put their livelihood in jeopardy.

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Redundant Shop Workers Suffer European Setback

Published on: 29 April 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Redundant Shop Workers Suffer European Setback

Thousands of shop workers who were made redundant when their employers went bust in the recession have suffered a set-back in their fight for compensation after the European Court of Justice (ECJ) clarified a crucial issue of law in relation to collective redundancies.

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Suspect An Employee of Disloyalty? The Law Can Move Fast to Help You!

Published on: 17 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Businesses often have no choice but to allow employees access to sensitive trade information despite the obvious risks which that entails. However, one High Court case revealed how fast the law can move to stem any leaks which may arise from disloyalty.

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Let Down By An Untrustworthy Employee? You Are Not Powerless!

Published on: 10 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

It is a sad truth that employees cannot always be trusted not to give in to temptation – however, if the worst happens, the law is there to help. In one case which illustrated the point, the High Court came to the aid of a company which suspected a senior staff member of receiving bribes, commissions and secret profits totalling about £1 million.

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Victimisation Claim Survives Absence of ACAS Certificate

Published on: 01 December 2015 | in categories: Legal Updates | Employment Updates | News and Updates

The law is always focused on encouraging voluntary dispute resolution and that is certainly so in employment cases where workers must consult with the Advisory,Conciliation and Arbitration Service (Acas) before lodging complaints with Employment Tribunals.

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Misbehaviour at Office Parties Can Lead to the Sack

Published on: 25 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Some misbehaviour at office social events is usually tolerated, but workplace rules continue to apply and those who go over the top can be lawfully dismissed. Exactly that happened in one case where a bank worker punched a colleague in the face during an office day out to Chester Racecourse.

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National Security Prevails in Recruitment Discrimination Dispute

Published on: 19 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Those employed in sensitive government jobs should take note of an unusual case in which a chess master and computer security expert was refused employment at top secret intelligence base GCHQ after stating that, if forced to choose, his devotion to God would outweigh his loyalty to his country.

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Employment Judge Fell into Substitution Trap

Published on: 15 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Decisions about what action to take in response to workplace misconduct are a matter for employers, and employment judges are not entitled to substitute their own views on factual matters for those of the primary decision-maker.

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No Unlawful Discrimination without Detriment, Tribunal Rules

Published on: 08 November 2015 | in categories: Legal Updates | Employment Updates | News and Updates

In a ground-breaking decision, the Employment Appeal Tribunal (EAT) has ruled that a finding of discrimination under the Equality Act 2010 can only be made where a worker has suffered an actual detriment by reason of less favourable treatment on the grounds of a protected characteristic.

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Care Homes Provider Triumphs in Migrant Workers Dispute

Published on: 18 June 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Businesses which rely on migrant workers from outside the European Economic Area (EEA) are increasingly feeling the heavy hand of regulators. However, in one case, a care homes provider won a High Court ruling that it was treated unlawfully by the Home Office.

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Nursery School Fends Off Muslim Discrimination Claim

Published on: 11 June 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Every careful employer should be aware that the duty not to discriminate arises at the very moment when a prospective employee applies for a job. In one case, a nursery school was accused of prejudice by a Muslim interviewee who claimed that she had been refused permission to wear her flowing jilbab to work.

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Exclusivity Clauses in Zero Hours Contracts Banned

Published on: 26 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Exclusivity Clauses in Zero Hours Contracts Banned

The first commencement order made under the Small Business, Enterprise and Employment Act 2015 has banned exclusivity clauses in zero hours contracts with effect from 26 May 2015.

Specifically, Section 153 of the Act inserts a new section 27A into the Employment Rights Act 1996 that renders unenforceable any provision in a zero hours contract that prohibits a worker from doing work or performing services under another contract or under any other arrangement, or any provision that prohibits the worker from doing so without the employer’s consent,

Further proposed measures (included in The Draft Zero Hours Workers (Exclusivity Terms) Regulations 2015) intended to prevent employers sidestepping the ban are expected to follow.

In addition, from 26 May 2015, the financial penalty payable for failing to pay the National Minimum Wage is set at 100 per cent of the arrears owed to each worker to whom the notice of underpayment relates, subject to a maximum of £20,000 per worker.

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Open Justice Principle Prevails in Employment Case

Published on: 21 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

In a guideline decision, which involved the balancing of freedom of expression rights against an individual’s entitlement to privacy, the Employment Appeal Tribunal (EAT) has ruled that a former BBC producer who faced unsubstantiated claims of sexual misbehaviour was not entitled to the benefit of an anonymity order.

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Pay Deductions on Strike Days – Court of Appeal Rules

Published on: 17 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

In a decision which will be required reading for employers, trade unions and their members, the Court of Appeal has ruled on the thorny issue of exactly how much pay can be withheld from workers when they go on strike.

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Holiday Pay and Unearned Commission – British Gas to Appeal

Published on: 06 May 2015 | in categories: Legal Updates | Employment Updates | News and Updates

As anticipated, British Gas has lodged an appeal against the decision of the Employment Tribunal (ET) in Lock v British Gas Trading Limited and Others that the Working Time Regulations 1998 could be interpreted 'purposively' in order to achieve compliance with the EU Working Time Directive (WTD).

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Union at War with Airline in Collective Bargaining Row

Published on: 30 April 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Union at War with Airline in Collective Bargaining Row

The bad old days in which company bosses were constantly at odds with trade unions have largely been consigned to history. However, in one case, the relationship between an airline and a union representing its pilots was so acrimonious that High Court intervention was required.

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Limited Term Contracts and Redundancy – Supreme Court Guidance

Published on: 29 April 2015 | in categories: Legal Updates | Employment Updates | News and Updates

Limited term contract (LTC) workers, who were amongst those who lost their jobs during a round of cost cutting at a university, were entitled to the same consultation rights as their permanent colleagues, the Supreme Court has ruled.

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