Save the date for FCSA Forum 2024 – Tuesday July 2nd in London

Personal injury damages available where employers fail to provide rest breaks

As you will know, working time is governed by the Working Time Regulations 1998 (“WTR 1998”) and it applies to all workers (not just to employees). Under the WTR 1998, workers have the right to a minimum unpaid rest break of 20 minutes per day during any shift that exceeds 6 hours. Where this right […]

Re-arrange Disciplinary Hearings where Companions are unavailable

Written by Brabners LLP As you will know, when dealing with misconduct by a member of staff, it is important to make sure that a fair procedure is followed. Otherwise, any resulting dismissal is at risk of being found to be unfair by an employment tribunal.    To help defend a claim of unfair dismissal, […]

A reminder for employers to be wary of unclear resignations

Written by Brabners LLP A reminder for employers to be wary of unclear resignations! (East Kent Hospitals University NHS Foundation Trust v Levy UKEAT/0232/17) Case law confirms that an employee’s resignation should be clear and unambiguous.  The method and procedure for giving notice to end employment is normally set out in the contract of employment […]

Unfair Dismissal Legal Update

Brabners LLP advise claimants to beware as recent legal case confirms that unfair dismissal time limit does not automatically extend to the next working day when it expires on a Sunday.

Gender pay gap reporting update

Written by Brabners LLP Get up to speed with the latest recommendations from BEIS on employer compliance with gender pay gap reporting! You may remember that there was extensive media coverage on the gender pay gap earlier this year.  A number of companies were named and shamed for having large divides between the average pay […]

Government provides its view on whether ‘caste’ should be a protected characteristic

Written by Brabners LLP Under employment law, an individual who has been treated less favourably can bring a claim for unlawful discrimination in certain circumstances.  In order to bring a claim, potential claimants must normally be able to demonstrate that they have one of the ‘protected characteristics’ contained in the Equality Act 2010 (as well […]

FCSA reacts to landmark employment status case

In the landmark employment status case, Mr Gary Smith vs Pimlico Plumbers, the Supreme Court concludes that the heating engineer was a worker and not self-employed. Read FCSA’s response.

Do you use Zero Hours Contracts?

Written by Brabners LLP Who can workers/employees on these contracts compare themselves with for discrimination purposes? In most discrimination claims, the claimant must have a comparator who they can compare themselves with in order to argue that they have suffered less favourable treatment. Often, the comparator is someone else in the employer’s business whose circumstances […]

Workers to become entitled to itemised statements

On 6 April 2019, the Employment Rights Act 1996 (Itemised Pay Statement (Amendment (No.2) Order 2018 (the ‘Order’) will come into force and amend the Employment Rights Act 1996. Brabners LLP looks at how this will affect workers.