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Author Archive: Jayme Nicholson

Practitioner's Insights: The Dismissal Letter

Posted by on May 24th 2018 in Employment

Practitioner's Insights: The Dismissal Letter

Given the significant increase in litigation since the abolition of Tribunal Fees, we share our Practitioner’s insights on how to avoid or manage Tribunal litigation.  This month, we discuss the importance of a well drafted dismissal letter.

During my very first few weeks in the job, a wise man (Read: Rhodri) told me to “make your letter the only one the Tribunal Judge needs to read”.  As much as it pains me to admit this, he is right.  We see all too often a client who has shied away from giving the warts and all account in a dismissal letter to...

The Battle Around Occupational Pay for Shared Parental Leave Continues

Posted by on April 24th 2018 in Blog Posts, Employment

The recent case of Capita Customer Management v Ali has highlighted that, despite recent encouragement for new fathers to consider taking shared parental leave following the birth of their child, they still do not have equal rights with mothers to provide care to their new born under Occupational Maternity Pay schemes..

Background

Mr Ali’s wife ended her maternity leave two weeks following the birth of their child, and made the decision to transfer the balance of her maternity leave to him under the statutory shared parental leave scheme. Her decision stemmed from a diagnosis of post-natal depression, and a recommendation from medical...

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

Posted by on April 5th 2018 in Blog Posts, Employment

Illegal Working Fines of £9 Million Issued in Third Quarter of 2017

UK Visas and Immigration have published a quarterly report outlining the total number of fines for illegal working given to employers across the United Kingdom.

The report highlights that 826 illegal workers were found across the UK between 1 July and 30 September 2017 – an increase of 24% from the previous quarter.

600 penalties were issued to employers, amounting to fines of over £9.5 million.

It is important for employers to remember that they may be sent to jail for 5 years, or pay an unlimited fine if they are found guilty of employing someone who they knew or had ‘reasonable cause...

Employers Named and Shamed in National Minimum Wage Crack Down

Posted by on April 5th 2018 in Blog Posts, Employment

Following the government’s “naming and shaming” of employers that have failed to pay their staff the appropriate national minimum wage, it has been revealed that a further 180 employers will now have to pay £1.1 million to workers, and £1.3 million in fines.

The employers include well-known restaurant chains such as TGI Fridays and Wagamamas, although it has been revealed that employers in the hairdressing and hospitality sectors were in fact the biggest offenders, with arrears totalling over £500,000.

The news follows the Department of Business, Energy and Industrial Strategy publishing a list of 359...

Latest ACAS Statistics

Posted by on April 1st 2018 in Employment

ACAS has recently published its quarterly statistics for the 9 month period between April 2017 and December 2017.

Between April 2017 and July 2017, ACAS received around 1,600 notifications per week.

However, following the removal of Employment Tribunal fees, this has now risen to approximately 2,200 notifications each week.

According to the figures, early conciliation was successful in 17% of cases. Of those that did not succeed at this stage, 26% progressed to a tribunal, with the remainder falling away.

Of the 26% which did progress to tribunal, 21% settled through a COT3 agreement and 5% were withdrawn by the Claimant. Only 7% were...

Publishing the Gender Pay Gap – Time is Ticking!

Posted by on March 23rd 2018 in Employment

With two weeks to go before the deadline to publish Company gender pay gaps, reports have revealed that only a third of employers have disclosed the average difference between what they pay male and female employees.

The government has warned that non compliant companies will face legal action, with the Equality and Human Rights Commission further supporting this, and highlighting that they will be “fully enforcing” the pay gap legislation starting with a robust letter to companies that do not report by the deadline.

If firms continue to fail to publish their figures, they could...

Tesco Facing Britain's Largest Ever Equal Pay Claim

Posted by on February 8th 2018 in Blog Posts, Employment

Hundreds of women who work in Tesco supermarkets across the UK could receive back pay totalling £20,000 if a legal challenge demanding equal pay with men who work in the company’s warehouse succeeds.

According to legal representatives instructed in the case, hourly paid female store staff earn less than men employed in the supermarket’s warehouses, even though the value of the work between the two is comparable.

Reports suggest that over 1,000 members of Tesco staff have contacted lawyers, with first steps being taken for at least 100 of them. Initial claims have been submitted...

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Posted by on January 23rd 2018 in Blog Posts, Employment

Employment Appeal Tribunal: 'Discrimination Due to a Perceived Disability is Unlawful'

Following the introduction of the Equality Act 2010, direct discrimination as a result of a perceived disability has always been considered a possibility, albeit there had been no case law to give guidance to employers.  

However, the EAT have now confirmed that it is indeed possible for an employer to discriminate against an employee purely because of a perception that they are disabled, even if they do not fall within the statutory definition of a disabled individual.

The dispute in question concerned a police officer who had experienced some hearing loss, although it was highlighted that it was not significant...

Equal Pay in the Workplace

Posted by on January 12th 2018 in Blog Posts, Employment

Equal Pay in the Workplace

Following the recent resignation of high profile BBC journalist Carrie Gracie, the issues of equal pay and gender pay gaps have once again found themselves in the media spotlight.

Gracie, who was the BBC’s China editor from 2004, posted an open letter at the start of January 2018 in which she accused the BBC of having a “secretive and illegal pay culture” in which there was a “crisis of trust”.

The comments came following the revelation that two thirds of BBC stars earning more than £150,000 were male – something which Ms Gracie has expressed her shock and disappointment with.

The news once...

Various Claimants v Wm Morrisons Supermarkets Plc

Posted by on December 18th 2017 in Blog Posts, Employment

Various Claimants v Wm Morrisons Supermarkets Plc

In the recent case of Various Claimants v Wm Morrisons Supermarkets Plc, the High Court was asked to consider whether it is possible for an employer to be vicariously liable for the actions of an employee who has breached the Data Protection Act 1998.

The case followed personal details of almost 100,000 Morrisons’ employees being published on the internet and sent to three newspapers back in 2014.

The wrongdoer, a senior IT internal auditor who was involved in assisting external auditors by providing payroll data, had some time before been the subject of disciplinary proceedings for an unrelated incident which resulted in...

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