Our latest news and events are available below. If you would like more information on any of these updates, please contact us.
Enhanced redundancy pay for older workers not discriminatory
The Court of Appeal has agreed that a redundancy scheme which paid out on the basis of age banding was not discriminatory because it was objectively justified...
TUPE - proposed changes in force in January 2014
TUPE is one of those areas that is constantly under the spotlight and it’s a devil of a job to keep up. Changes will be made again which will go before Parliament in December with a view to them coming into force in January 2014. Here is a summary of the proposed main changes...
What to cover in a Bring Your Own Device policy
In this article, our guest contributor, specialist IT lawyer Piers Clayden of ClaydenLaw, looks at BYOD policies...
Tribunal fees - good or bad? And are they here to stay?
29 July saw the introduction of the controversial fee regime in the employment tribunal system. As a quick recap, claims are divided into two categories, A and B class claims and we go into detail below....
Are your employees using their own smart devices for work purposes?
In this article, our guest contributor, specialist IT lawyer Piers Clayden of ClaydenLaw, looks at the growing trend for BYOD...
Developments in victimisation
Just to recap, an employer will have victimised an employee if he subjects the employee to a detriment because he/she raised a grievance about discrimination, or issued a discrimination claim to a Tribunal. However there has unhelpfully been a question-mark over whether post-termination discrimination is covered by the Equality Act (it was covered in the law before the EqA came in). To give an example – if an employee has caused a rumpus by raising discrimination grievances and, following termination, you decide not to give her the same reference as you would give others, would that mean that you are victimising her? One EAT case had said no, that wasn’t covered, but a recent case said yes, it is covered.
Post-termination restrictions and constructive dismissal
We have recently been working with a few of our clients on post-termination restrictions, both in terms of reviewing and drafting them and also enforcing them. This month, the High Court heard a case which covers two issues which come up time and again. Firstly, when can the employee walk free of restrictions, claiming constructive dismissal (or is it a try-on to get out of them?) and can a 12 month restriction ever be enforceable?
No-one likes working on Sundays...
Employers have to watch out for some many pitfalls (despite the “Red Tape Challenge” instigated by the Government). Protection against discrimination is expanding its scope what with the recent case brought to the European Courts of Human Rights by Mr Redfearn (see our report on that case here). Some cases of discrimination however are successfully justified as in the recent case of Mba v Mayor and Burgess of the London Borough of Merton. Ms Mba was employed as a carer in a home for severely disabled children. She resigned as a result of receiving a warning for refusing to work on a Sunday, but the EAT agreed with the Tribunal which dismissed her claim.
Redundancy selection - don't forget the subjective element...
Just when all of us thought that selection criteria in a redundancy situation should be objective and not based on someone’s opinion, a case comes along and upsets that apple cart. The EAT in a recent case decided that sometimes objectivity can be too objective and that a bit of subjectivity doesn’t go amiss. How confusing…
TUPE under the spotlight again
As part of the Government’s close look at employment law, it is consulting over changes to TUPE to try and ease the burden on businesses. Some of the proposed changes make good sense, but others will undoubtedly have us all scratching our heads and wondering what happens next? We would stress at this stage that these are just proposals and the consultation closes in April 2013. [Read more]
Collective Consultation Redundancy
The Government really are going all out to ease the burden on employers. Collective consultation obligations are also changing and these changes are due to come into effect on 6th April 2013. At the moment, where an employer is proposing to make redundancy 100 or more employees in a period of 90 days, the minimum period of consultation before the first dismissal takes effect is 90 days (if the numbers are between 20 and 99, the minimum period is 30 days and that is not changing).
The Sign of the Cross - Eweida and others v UK
No doubt you will have heard about the decision of the European Court of Human Rights in the Eweida case, but here’s a reminder of what it was all about. The question referred to the European Court was whether English law sufficiently protected employees who want to show their religious beliefs at work from discrimination, or whether there was a breach of Article 9 of the European Convention on Human Rights which allows individuals freedom of thought, conscience and religion.
Whistleblowing - Public Interest will mean just that
With 2 years’ service now being required for unfair dismissal claims, employees will no doubt be on the lookout for ways around this. As a result we could see an increase in claims where no qualifying period of service is needed, such as discrimination and claims based on employees asserting their statutory rights. This might still include some claims for whistleblowing, but thankfully, the Government has finally decided that the Public Interest Disclosure Act (the piece of legislation that gives protection to whistleblowers) does in fact require an element of public interest.
Can an employer rely on unsigned restrictive covenants?
There have been quite a few cases recently on the importance of updating contracts of employment when employees are promoted to more senior roles and the case of FW Farnsworth Ltd v Lacy and others shows how important it is to make sure that such contracts are actually signed.
Employment rights for shares
As you will have all read in the press, the Government has proposed a scheme where employees can take shares in their employer in exchange for waiving some of their employment rights.
Discrimination - several steps forward, one step back?
The law preventing discrimination began its march through the statute books in 1975 with the Race Relations Act and over the past 30 or so years equality law has expanded its reach so that now we are protected against discrimination on a whole variety of grounds.
Another twist in the tale of restrictive covenants
We know you probably get sick of hearing lawyers constantly harping on about the importance of ensuring your employment contracts are up to date and watertight so as to provide adequate business protection.
Is a pool of one really just cherry-picking?
Redundancy is fraught with difficulties and there are traps at almost every turn for employers.
Update on employment law reform
There are further developments on the Government’s proposal to reform employment law.
Dishonest employee wins claim to receive notice pay
Now here’s a decision that will cause an uproar.
Surrogacy and right to maternity leave.
The scope of protection for parents has expanded dramatically
Is a headcount reduction required for a redundancy situation to exist?
Redundancy is one of the trickiest situations to deal with
Promises are promises - bankers win claims for bonuses
Once you’ve made a promise, you cannot go back on it...
Have you ever employed a Sheep in Wolves' clothing?
OK, that’s a strange analogy but it demonstrates the importance of not taking your applicant’s employment and education background at face value.
Dismissal - is taking a second go at a disciplinary fair?
Sadly we’re back with Baby P
Be careful what you post:
fair dismissal for obscene Facebook posting
65 and you're out! Supreme Court rules on enforced retirement
Hot off the press...
I might be sick but I can still have my holiday
Another case has come out of the EAT on this topic...
1 February - increase on compensation limits
A reminder of the increases that took effect on 1 February 2012
Opportunistic dismissals may be unfair
We are often asked to advise on how employers might best “manage out” employees.
If you don't opt out, then you can't work overtime
This case was all about conflicting rights and duties.
What is an establishment for redundancy purposes?
You will all no doubt remember the shock when Woolies slid into administration.
First social media constructive dismissal case
What can happen from using social media?
How long do you have to wait for an employee to recover?
With the cost of long-term sickness increasing a recent case showed a sensible approach by the EAT.
Compensation limits and statutory payments
As always, 1 February sees the compensation limits increase.
Dismissal for refusal to accept a pay cut may be fair
Finding alternative employment for your redundant employee
Employment Tribunal fees to be introduced
Many of our clients are forced to deal with vexatious claims
Unfair dismissal qualifying period to increase to 2 years
Psychometrics and assessment
One way of ensuring and demonstrating fairness in selection is through psychometrics.
Sleeping on the job
Employee status and unfair dismissal: when can you rely on the illegality argument?
Auto-enrolment pension changes
Will you be ready for these new reforms?
Gay employee's claim for discrimination fails
Why a gay employee's claim for discrimination failed
Key case on employee status reaches supreme court
When Judges should look behind what is in the contract
Fair dismissal for not accepting a pay-cut
Employers are constantly looking at ways to reduce costs
Disability in your workplace...
You didn't know she was disabled, but should you have known?
The Baby P case - procedure is everything
The tragic case of Baby P hit the news again in May.
When is favourable treatment too favourable?
Poor Eversheds (it's not often we say that).
The perils of Facebook
We can now give and view a running commentary of everyone’s lives.
Sick or skiving? Think you've caught him on film? Think again.
Sickness costs this country’s industry millions of pounds in lost productivity each year.
When conduct outside of work can land you in trouble
Anyone who has been involved in tribunal cases knows how dangerous emails can be.
If you dish it out, you have to be prepared to take it
When is banter acceptable and when does it become actionable?
Maternity and paternity leave
There is now a choice as to who stays at home to change the nappies and who goes back to work
Wellbeing and managing stress
One foot on the tarmac. HK employees gets English employment rights
BA hit the news again with the Court of Appeal.
When is banter acceptable?
In the eyes of many staff os us in HR and adviser roles are often affectionately known as the "fun police".
When can you retire your employees?
How many of you thought you’d finally got your heads around how to handle the abolition of the default retirement age?
Increase in tribunal awards and statutory payment
Proposal for Tribunal Reform
Employers often complain that employment law is too heavily weighted in favour of employees
When can one protected characteristic be more important than another?
BBC ageist but not sexist
Over the past few years, the BBC has been at the centre of a number of rows over their alleged discrimination of older presenters.
Graygate... sexist or stupid?
Football and the offside rule. Really, is sex discrimination going to turn a corner because of this?
Reading statements in Tribunal cases
Guidance on the reading of witness statements in Tribunals.
Impact of PILON on bonus and benefits
Are employees entitled to be compensated for bonuses, benefits and holiday accrued during the notice period?
Let it snow, let it snow, let it snow!
What do you do if your workforce is grounded?
ECJ to rule on scope of collective consultation
Do you remember the UK Coal Mining case that rocked our world?
How (not) to deal with a request to continue working
What explanation do you have to give to an employee when telling him that his request to continue working is being rejected?
Legality of complusory retirement ages
The European Court of Justice has recently given more favourable decisions regarding the use by EU member states of compulsory retirement ages.
Provisions of the EqA come into force
A reminder of the main provisions
Deciding on the appropriate pool
What is a suitable alternative job?
Redundancy and maternity
References - employers beware!
How to make sure a reference is correct.
Adrienne is an advocate in the Employment Tribunal
Reps in action - how workplaces can gain from modern Union representation.
New BERR document sets out practical examples
£380 is to be the new weekly cap.
Alternatives to redundancy
Ideas for businesses.
Employment Law Seminar - 26th February 2009. Redundancy process and general update.
The October newsletter is out now. Please see our resources page for the latest update information.
New ACAS Code on Discipline and Grievance
ACAS has published a new Code of Practice on Disciplinary and Grievance Procedures.
Travel Weekly - Redundancy Article
mpm legal appears in Travel Weekly with an article on best practice in redundancy situations.
Redundancy seminar - free update
If redundancies are a possibility for your business, attendance at this free event is essential.
Redundancy - compliance tips
Do you need to undertake a redundancy exercise? You must ensure compliance with various legal obligations.
Disability Discrimination - all change
A House of Lords decision changes the disability discrimination landscape.
Dispute resolution - secondary consultation
The Government is undertaking further consultation on proposed changes.
Fresh new law firm mpm legal opens for business
mpm legal LLP opened for business on 2nd July 2008...
Three new employment law resources released by mpm legal
Read our guides to secondments, grievances and time compliance in tribunals.
Sign up for legal updates from mpm legal
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Team moves and business protection
A failure to be up front as to their new roles has caused substantial difficulty for three former employees.