Category: HR Alerts

Good Work Plan

The Government has issued a press release setting out its ‘Good Work plan’ in response to last year’s Taylor Review on what impact modern working practices are having on the world of work. Four consultations are planned but there will be no immediate changes to the law. Peter Stanway, our BackupHR™ legal expert comments: The… Read more »

Hidden Disability

The Equality Act 2010 describes a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse impact on their ability to carry out normal day-to-day activities. This wide definition captures a number of individuals with disabilities, which are not immediately obvious. The Equality Act requires an employer:… Read more »

EU Citizens Post Brexit

On 8 December 2017, an ‘agreement in principle’ was reached between the UK and the EU on the future rights of EU citizens currently living lawfully in the UK. This means that these individuals will be able to stay in the UK and enjoy broadly the same rights and benefits as they do now. This… Read more »

Vicarious Liability for Data Breach

Morrisons staff are to be awarded a pay-out over a data breach that occurred, when a disgruntled former member of its staff stole the data of thousands of employees and posted it online. Morrisons has been found liable for the actions of the employee by the High Court with the ruling opening the possibility for… Read more »

Driving for Work in Bad Weather

Many employers have been rather slow to recognise work related driving as a major risk factor to employees. The HSE has now made it clear that employers have duties to manage the risks faced by their workers on the road. This includes not just professional drivers, but any employee who is required to travel as… Read more »

Discriminatory Comments

The case of Ms Carolina Gomes v. Henworth Limited t/a Winkworth Estate Agents & anor. serves as a useful reminder to be careful when selecting your choice of words when talking to employees. Ms Gomes started working for an estate agency business in 2009. In 2015 she was transferred to another franchise as an administrative… Read more »

Sexual Harassment in the Workplace

The Harvey Weinstein scandal, and allegations at Westminster, amongst others, has once again placed the spotlight on sexual harassment reporting. Victims of sexual harassment are often reluctant to report incidents for fear of retaliation, being disbelieved or public embarrassment. Sexual harassment might be obvious, insidious, persistent or an isolated incident. It can also occur in… Read more »

Auto Enrolment Prosecutions

The Pensions Regulator (TPR) is bringing the first pensions auto-enrolment prosecution over allegations that a bus company deliberately avoided enrolling staff into a workplace pension scheme. Stotts Tours (Oldham) Limited has been accused of intentionally not enrolling its 36 employees into a workplace pension. Managing Director Alan Stott has also been individually prosecuted for “consenting… Read more »

Voluntary Overtime in Holiday Pay

In Dudley Metropolitan Borough Council v Willetts, the Employment Appeal Tribunal (EAT) held that voluntary overtime that is normally worked should be included when calculating an employee’s holiday pay. Peter Stanway, our BackupHR™ legal expert comments: In recent years, there have been several high-profile cases that have considered how employers should calculate statutory holiday pay… Read more »

Changes to Employment Tribunal Fees

When Employment Tribunals (then “Industrial Tribunals”) were set up, access to them was free. If you wanted to bring a claim, you sent in a form, the tribunal heard the case, and in due course it told you whether you had won or lost, and if successful, how much your employer would have to pay… Read more »