Agency workers have right to be notified of permanent vacancies (but not to apply)
Written by Brabners LLP Agency workers are entitled to certain rights while they are assigned to work for end clients (aka “hirers”). Some rights apply from the very start of their assignment (known as “day one” rights) and some only apply once the agency worker has been working in the same role for the […]
Case confirms candidates must be equally qualified before employers positively discriminate when recruiting
Brabners LLP looks at a case that reminds employers to ensure that candidates are equally qualified before positively discriminating in recruitment process.
Regulations require key information document to be provided
New legal changes will require employment businesses to provide work-seekers with a Key Information Document and extra assistance from Umbrella Companies is likely to be needed as a result.
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 […]
ASDA Retail Staff Compare Terms to Distribution Workers for Equal Pay
Court of Appeal Confirms that ASDA’s Supermarket Retail Staff Can Compare Their Terms to more highly paid Distribution Workers in Equal Pay Case. Brabners LLP take a look at this recent employment law case.
Uber drivers confirmed as “workers” but the case could still continue
Employment Law Update from Brabners LLP: Court of Appeal Confirms that Uber Drivers are “Workers” but it isn’t over yet!
Case confirms providing a substitute does not prevent personal service and an employee relationship
Are the employment status tests outdated? Latest case reaffirms that providing a substitute does not prevent the existence of personal service and an employee relationship.
Good Work Plan boosts worker rights and abolishes Swedish Derogation
The Good Work Plan: Latest Government Reform boosts workers’ rights and confirms the end of the Swedish Derogation!
Implied term can prevent employee’s dismissal if it ends entitlement to long-term disability benefits
Latest case reveals that an implied term can prevent an employer from dismissing an employee if this would end their entitlement to long-term disability benefits
New framework released for reporting disability, mental health and wellbeing
Government releases new voluntary reporting framework for disability, mental health and wellbeing in the workplace. Brabners LLP takes a closer look.
British Airways case re-affirms part-time workers rights
Employment law experts, Brabners LLP looks at the British Airways case that confirms part-time workers have the right not to be treated less favourably but leaves some questions unanswered for employers.
Latest case confirms harassment claims are fact sensitive and be mindful of office banter
Brabners LLP examine the recent case of Evans v Xactly which confirms harassment claims are highly fact-sensitive and level of “office banter” can be relevant.
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, […]
‘Zero-hours’ employee deemed to be agency worker due to nature of assignment
Brabners LLP provides an important update on the case Brooknight Guarding Limited v Matei – ‘Zero-hours’ employee deemed to be agency worker due to nature of assignment.
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 […]
Court of Appeal ruling provides much needed relief for care providers whose workers do ‘sleep-ins’
The long-awaited Court of Appeal ruling in MenCap v Tomlinson-Blake has been made and its good news for employers whose workers do ‘sleep-ins’.
Important EAT Case Update – Afzal v East London Pizza Limited t/a Dominos Pizza
Check out this important case update, which confirms that employers should still provide a right of appeal to former employees who are dismissed for failure to prove right to work.
Changing terms and conditions of employment- be careful!
“If I change my employees’ terms and conditions and they don’t complain, does that mean that they have accepted the changes?” Brabners LLP looks at a recent case.
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.
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.
