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Sexual Harassment in the Workplace consultation: the government’s response

The government released its response to the consultation on Sexual Harassment in the Workplace on 21 July 2021. At the forefront of that response was a pledge to provide “further protections to employees who are victims of sexual harassment in the workplace, whilst also furnishing employers with the motivation and… Read More

New Guidance on severance payments and approval for public sector employers

The government has published new guidance for the public sector on making termination of employment/severance payments to employees. Click here to read the guidance. Public sector employers are already bound by “Managing Public Money” guidance and are required to obtain HM Treasury approval for certain types… Read More

No compensation does not equate to no case to answer

Even where it would be inequitable to award compensation to a Claimant, the Employment Appeal Tribunal found that there is value in a formal finding of unfair dismissal despite there being no possibility of any monetary compensation. The Claimant was employed as a Deputy Head teacher for 12 years. Read More

Furlough Guidance Updated

The guidance for employers on the Coronavirus Job Retention Scheme was updated on 4 April 2020. The scheme allows employers to furlough staff and claim back part of their wages. The new guidance adds detail and some clarifications to the original HMRC guidance published on 26 March, but… Read More

GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay. Facts Community Based Care Health Limited (“CBCH”) is a “not for profit” company delivering out of hours GP services to… Read More

Being Paid to Sleep? Royal Mencap Society v Tomlinson-Blake

In Royal Mencap Society v Tomlinson-Blake the Court of Appeal has determined that workers who “sleep in” at their workplace are not entitled to receive national minimum wage for periods when they are asleep. This is because time spent asleep in this way is properly characterised as time when an… Read More

GDPR Your questions answered

25 May 2018 marked the introduction of the new General Data Protection Regulation in the UK in the form of the Data Protection Act 2018 and we have been answering many clients’ HR-related questions on the new legislation. In this article we have collated some frequently-asked questions to help you… Read More

Hincks v Sense Network

When does an unfavourable reference amount to negligent misstatement? It is commonly accepted that when a person applies for a job, they will usually be asked to provide a reference from their previous employer. By the same token, employers are usually willing to provide a reference for an employee leaving… Read More

Reilly v Sandwell Metropolitan Borough Council (2018)

Would it be fair to dismiss an employee if they had failed to disclose a relationship with a person convicted of serious criminal offence (even if this was not necessarily a breach of an express term of the employee’s contract)? This question was addressed by the Supreme Court in the… Read More

Update – Tax changes to termination payments

Background Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to “clarify and tighten” (i.e. increase) the taxation of such payments. The tax changes came into effect… Read More