Nowadays not one day seems to go by without the press reporting on a business man receiving adverse publicity resulting from allegations of harassment of employees or a company falling foul of campaigns to avoid gender stereotyping of people in the work environment. The new culture and high profile campaigns make some business owners feel as if they are walking a tightrope between:
Caroline Nokes recently told members of parliament that employers will have to check their EU employee’s eligibility to work in the UK in the event of a no-deal Brexit.
When people decide to set up their own company they often do not appreciate the vast array of roles they will end up undertaking in the early days of their business enterprise; from ordering the stationary , sorting out routine repairs and trying to cover the company’s marketing , technology and human resource requirements.
While none of the best employment lawyers in London would ever suggest or sanction the provision of false references by a prospective job applicant, one has to have a certain amount of admiration (whether misplaced or otherwise) for the would-be Captain of a commercial freight airline who gave false references, effectively asking his prospective employer to contact Jabba the Hutt to verify his experience.
Protection against victimisation is a key component of the Equality Act 2010. As UK employment lawyers will explain, it offers protection to an employee who ‘does a protected act’. The term protected act will be familiar to top employment solicitors and covers bringing a claim or making a complaint about discrimination or supporting a colleague in doing so.
Alongside the codification of provisions against discrimination on grounds of race, sex and disability, the Equality Act 2010 clarified that discrimination on grounds of age was also unlawful, but top employment lawyers in London and employment claim solicitors generally will often point to age discrimination being prioritised less than discrimination based on other protected characteristics.
A recent disability discrimination case has reiterated to all employment claim solicitors and anyone considering a claim under the Equality Act 2010 based on disability discrimination, that it is for the employee to prove that the disability in question has a long term and substantial adverse impact on his or her ability to carry out day to day activities.
Understanding whether an employee has resigned or has been dismissed is something that any UK employment lawyer will want to know whether acting for an employer or employee in a case where employment has come to an end. An employee who has been dismissed has the option of bringing a claim for unfair dismissal.
Many UK employment lawyers welcome the report by the Women and Equalities Committee earlier in 2018 which proposed a number of changes to benefit working families.
Unpicking disability discrimination is a job that even many of the best employment lawyers in London will agree is difficult. Facts can be complex and applying the law to any given situation is rarely straightforward. For many employers too, the obligations under the legislation can feel onerous, with guidance unclear.
The best employment lawyers will often find that identifying an act of direct discrimination is straightforward – but occasionally caution is necessary. Not only is it important to consider what has happened as a matter of fact, but it is also important to scrutinise the motivation of the employer in its treatment of the employee.
An employer may consider that the only immigration issues that apply in the workplace are those connected with recruitment and ensuring that all staff have the right to work in the UK. This is, of course, a big issue for all employers, with fines running to thousands of pounds for those who have not followed the right to work checks correctly.
Constructive dismissal is a concept that can be confusing to some, and it’s always worth consulting top employment solicitors about any given situation where it is possible that an employee has resigned as a consequence of the behaviour of the employer.
The concept of philosophical belief is protected by the Equality Act 2010 – and many top employment solicitors will point to the case of Grainger plc v Nicholson as setting out the key principles to be observed when considering an argument of philosophical belief.
Many UK businesses rely on employing migrant workers to be able to survive – and while this is a great strategy, it’s worth having advice from the best employment lawyer you can find, to make sure you get it right as an employer.
Summary dismissal is one of the most extreme sanctions open to an employer and any UK employment lawyer would caution the dismissal of an employee without notice unless there is clear evidence of gross misconduct.
Most UK employment lawyers will agree that while the idea of constructive dismissal is an attractive one – the reality is very difficult.
For any UK business, making sure you have the best employment solicitors to work with is a vital part of the role of General Counsel. Employment law is a critical aspect of any company’s operation.
Calculating holiday pay is one of the more complex aspects of being an employer. Many UK employment lawyers will have advised on the different scenarios that arise – and the question of whether voluntary overtime should be included in the calculation for holiday pay has now been considered by the employment Appeal Tribunal.
One of the latest whistleblowing cases to hit the headlines, and one which the best employment lawyers will be keeping a close eye on, is a challenge based on beliefs. Our UK employment lawyers take a look at the whistleblowing legislation and this case, in which the vegan claimant argues that his philosophical belief in ethical veganism should be protected under the Equality Act.
As many of the best employment lawyers in London will confirm, providing a reference for an employee has become something of an onerous task.
Here in the UK we love a bit of sunshine. In London, office workers fill the parks and green spaces taking lunch breaks far more enthusiastically than ever before, topping up tans before heading back to their desks. But what can an employer do if employees take longer than they are supposed to, or take breaks at unscheduled times.