- Solicitors For Business
- Solicitors For You
- Armed Forces Claims
- Clinical Negligence
- Court of Protection
- Criminal Defence
- Driving Offences
- Family Law
- Intellectual Property
- Media Law
- Personal Injury
- Personal Immigration Services
- Personal Insolvency
- Professional Regulation and Discipline
- Residential Real Estate
- Wills, Trusts & Estate Planning
- Will Disputes
- About Us
- News & Events
Employment Law Articles
The team at JMW regularly posts articles on employment law to ensure our business clients are kept up to date on news, changes and new procedures, and legislation that may affect their organisation.
WH Holding Ltd and another v E20 Stadium LLP  is the latest case in which the scope of litigation privilege has been challenged
Ian Tranter reviews the latest impact on Employment law.
Jen Smith follows up her thoughts on diversity in the workplace and the importance of it.
In April this year, the spotlight on workplace inequality became brighter than ever when companies with over 250 employees were legally obliged to publish salary and bonus figures for the purpose of highlighting and then addressing their gender pay gap.
With the Christmas party season fast approaching, the case of Bellman v Northampton Recruitment Limited provides a timely reminder for employers on vicarious liability for employee�s actions, even outside company time.
With a nation that has an obsession with the Great British Bake-Off, it is no wonder that a cake related story has received such widespread media attention.
JLT Specialty Ltd v Craven  EWCA Civ 2487. The case related to a bonus advance in the sum of £500,000 paid to the employee.
When should you involve Occupational Health when an employee is on long term sick leave? Lamb v The Garrard Academy
The Employment Appeal Tribunal in the recent case of Lamb v The Garrard Academy has provided useful authority on constructive knowledge of the employer in the context of disability discrimination and when companies should consider involving Occupational Health when an employee is on long-term sick leave.
When is positive action lawful understanding Mr M Furlong v The Chief Constable of Cheshire Police  UKET
Positive action is where an employer treats someone with a protected characteristic more favourably than someone who does not share that protected characteristic. It is an important mechanism to encourage individuals with protected characteristics into professions in which they are underrepresented. It is legislated for in the Equality Act 2010, and it is only permitted in limited circumstances where an employer can justify its application.
In Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the European Court of Justice (ECJ) gave guidance on the circumstances in which workers do not lose accrued holiday entitlement or the right to payment in lieu of that entitlement on termination.
A petition signed by 200 employees of Ted Baker has called for an end to the culture of 'unchallenged harassment', in which founder and owner Ray Kelvin reportedly asks younger female members of staff to sit on his knee, cuddle him and allow him to massage their ears.
Charlotte Beeley shares her thoughts on the latest redundancy trends in retail and how both employers and employees can deal with this in an effective manner.
According to licenced training provider Mental Health First Aid England (MHFA), 1 in 6 people will experience work-related stress, depression or anxiety at some point during their working life.
The Employment Appeals Tribunal (EAT) has confirmed an earlier ruling that three Addison Lee drivers, represented by the trade union GMB, are workers and not independent contractors the latest high status gig-economy case.
Charlotte Beeley discusses the #metoo movement and NDAs in connection with the ABC v Telegraph Media Ltd  ruling
The eagerly anticipated Employment Appeal Tribunal (EAT) judgment was handed down in the Uber v Aslam and others on 10 November 2017.
It is not necessarily "unreasonable" to lie in court - simples! Whether witnesses swear an oath on the text of their chosen religion, smash a plate , or simply affirm that they will tell the truth, the whole truth, and nothing but the truth, should they then be found to have lied there are severa
Should an employee be bound by restrictive covenants contained within a new contract which was provided to him after promotion that he had not signed or returned? In the case discussed below, the High Court considered whether an employee's conduct after he received his new contract meant he had impl
The recent Employment Appeal Tribunal (EAT) judgment of Giny v SNA Transport Limited earlier this month acts as an stark reminder for claimants of the importance of providing accurate information to ACAS during the early conciliation process to avoid claims being rejected by the tribunal.
Ian Tranter looks at the important changes following University of Sunderland V Drossou.
Here we go again.. am I really still writing about sexual harassment in the workplace, 42 years after all manner of discrimination was rendered unlawful? Gender equality law, including harassment, is (nearly) as old as I am.
Case - Jennings v Barts and The London NHS Trust UKEAT/0056/12 Facts Mr Jennings worked for the Respondent NHS Trust for 9 years until his dismissal in January 2008, on grounds of poor attendance due to poor health. During his employment he had intermittent ill-health absences, initially due to
The Court of Appeal has ruled that, where an employee makes a successful appeal against dismissal, they are considered to be automatically reinstated even if this is not specified in the contract.
Today marks 100 years since women were given the vote. Well, some women. Only those over 30 and with either a university education, property or a marriage to a member of the Local Government Register under their belt were deemed worthy enough under the Representation of the People Act 1918 to have an opinion that counted.
Sexual Harassment in the Workplace - how can employers prevent employees from being subject to unwanted conduct?
Liz Cotton and Loretta Woollams discuss issues surrounding sexual harassment in the workplace
In Kaur v Leeds Teaching Hospitals NHS Trust the Court of Appeal has held that when an employee resigns in response to a so-called 'last straw' act by their employer, they are entitled to rely on the totality of the employer's acts in a constructive dismissal claim, even if they have previously affirmed the contract.
One of the ‘hottest’ topics of the moment is “IR35” and the extension of the off-payroll working rules to the private sector. The new legislation is designed to increase compliance as HMRC estimate that currently 90% of businesses are not complying with the existing rules.
Breaking news: Tribunal confirms that discrimination law covers ethical veganism and former employee can pursue his discrimination claim
An employment tribunal in Norwich has ruled that an ethical vegan, Jordi Casamitjana, can pursue a discrimination claim against his ex-employer, on the grounds that the philosophical belief in ethical veganism should be protected in the same way as other philosophical or religious beliefs held by employees and workers, and users of goods and services.
There is a lot of conflicting information and advice on Covid-19, which is hugely unhelpful and confusing for both businesses and employees. In the midst of all the confusion, JMW have answered 5 common queries to assist employers.
HOT OFF THE PRESS: New Guidance on Furloughing and the Coronavirus Job Retention Scheme – What do We Know So Far?
The COVID-19 pandemic is continually changing and the government advice for employers is being updated as the situation develops. On 20 March 2020, the government announced the Coronavirus Job Retention Scheme, designed to help support employers in paying employees’ wages for those who would otherwise be made redundant. The initial government guidance provided a short overview of the scheme but more detailed guidance was released on 26 March 2020 to help businesses.
Feeling overwhelmed by all of the changes in response to Covid-19? Don’t worry – you are not the only one. We know that many businesses are struggling to sort the fact from the fiction and that there is a lot of speculation about the government’s changes.
Since the introduction of the UK lockdown as of 23 March 2020, many businesses are now faced with making difficult decisions such as implementing pay cuts, furloughing staff or making redundancies. We are also seeing a rise in the amount of queries relating to rescinding offers of employment, that were made before the lockdown took effect.
The government's announcement on 23 March 2020 that all members of the public must stay at home, except in very limited circumstances, means that all employees must be permitted to work from home where possible. Commuting to work is permitted, but only where the work "absolutely cannot" be done from home.
This week is Mental Health Awareness Week and the focus this year is on kindness. Now perhaps more than ever before, mental health has been negatively impacted. The Covid-19 pandemic has disrupted almost every workplace and thrown employees and employers alike into a world of uncertainty and for some, into a world of loneliness. The UK was put into official lockdown on 23 March 2020, however, the instruction to work from home if possible came on 16 March 2020. Many individuals have therefore now been working from home for over two months.
The 16th September 2020 marks the final date for employers to commence conducting any minimum 45 day collective consultations on redundancy prior to the end of the furlough scheme on 31st October 2020. It is vital that employers who may have to make staff redundant following their period of furlough consider whether they are required to follow the procedure now to avoid liabilities later.
Order made in the case of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business
On 18th September 2020 the High Court made it’s order in the judicial review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business  EWHC 2461 (admin).
For many employers, the pandemic, lockdown and furlough will have raised a myriad of questions in respect of how best to continue to manage their workforce. In the midst of trying to protect jobs and deciding which employees should be furloughed it would be understandable if you have omitted to consider what effect the furlough system may have on employees who have received a warning, prior to being furloughed.
On 1st October a Treasury Direction was published which amended the terms of the Coronavirus Job Retention Scheme (CJRS) direction and also provided further details of the Job Retention Bonus Scheme and the requirements to qualify.
HMRC has published a policy paper in respect of the Job Support Scheme (JSS) which has been extended following the recent introduction of the tier system. The scheme will run from 1st November 2020 until 30th April 2021 and will now have two strands – JSS Open and JSS Closed.
On the 31st October the Prime Minister announced that the furlough scheme (the Job Retention Scheme) will be extended until December. The announcement was made as part of the Government’s plan to protect people and business in response to the coronavirus outbreak. It was a very last minute change to policy given that the curtailed CJRS was due to end at midnight on 31st October!
The Chancellor Rishi Sunak has announced that businesses across the United Kingdom will benefit from a five-month extension of the furlough scheme into Spring 2021.
Following on from our recent blog on the extension of the Coronavirus Job Retention Scheme, the government has published updated guidance following the Chancellor’s announcement last week, that the scheme would be extended until March 2021.
A further Treasury Direction has been made under sections 71 and 76 of the Coronavirus Act 2020 in order to extend and modify the Coronavirus Job Retention Scheme (CJRS). The Direction sets out how the scheme will apply from 1st November 2020 to 31st January 2021 as well as extending the scheme until 31 March 2021. A further direction will be made by the treasury in respect of the period between 31st January 2021 and 31 March 2021 at a later date.
The Government has issued updated guidance on Coronavirus Job Retention Scheme (the ‘Scheme’) claim deadlines. Employers who wish to claim wages under the Scheme will have to do so by a specified deadline.
From 1 December 2020, The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020 (SI 2020/1003) came into force and amends the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 (SI 2014/254) that originally introduced the Early Conciliation process.
Non-Compete Clauses Consultation on measures to reform post termination non-compete clauses in contracts of employment
On 4 December 2020 the UK Government released a consultation paper on measures to reform post-termination restrictive covenants. The consultation follows as part of the Government’s continued response to the impact of the global COVID-19 pandemic on the UK economy.
This issue of whether vaccination can be made a mandatory condition of employment engages a myriad of legal issues, none of which have a straightforward answer and the COVID-19 vaccine remains a huge area of uncertainty for employers. Such uncertainty has recently been highlighted by the Pimlico Plumbers chairman, Charlie Mullins, who stated that it was "a no-brainer" that workers should get the jab. Charlie Mullins’ comments will very likely result in employers across the country considering their position and future policies on COVID-19 vaccinations.
On Friday 19th February 2021, the UK Supreme Court handed down its long-awaited decision in Uber BV and others v Aslam and others and confirmed that Uber drivers are ‘workers’ for the purposes of, inter alia, holiday pay and the national minimum wage.
Paul Chamberlain (Head of Employment) and Sue Ollerenshaw of Efficient Employment Tax Solutions outline some areas of concern for agencies in the run up to the IR35 changes
Tomlinson-Blake v Royal Mencap Society (“Mencap”) is a case that has been running for some time and is a landmark case for the care sector.
TUPE Conundrums: can an employee’s contract, be split between multiple employers, following a service provision change?
In McTear Contracts v Bennett and others, the Employment Appeal Tribunal has held that the decision of the European Court of Justice in Govaerts (relating to business transfers) can also apply to service provision changes.
In part two of our three part series, we will be considering recent Employment Tribunal decisions involving the protected characteristics of sexual orientation, gender reassignment and philosophical belief.