A tribunal has ruled that the current two-year backstop on claims for unlawful deductions from wages is unlawful. Where does this leave underpaid holiday pay claims? Two-year backstop In 2015, the Deduction from Wages (Limitation) Regulations 2014 came into force, placing a two-year backstop on most unlawful deductions from wages claims, including those related to…
Key considerations when hiring a self-employed contractor
You have decided to hire a self-employed contractor to work on a project. What should you consider? Employment status Even if both parties intend that the contractor is self-employed, neither employment tribunals nor His Majesty’s Revenue and Customs (HMRC) may see it that way, as the reality of the relationship will outweigh what you have…
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Can you make people return to the office?
Yes, but you generally cannot force employees to return to the office if they have valid concerns, such as health issues or caregiving responsibilities, unless you can demonstrate a legitimate business need. Use honey rather than vinegar by addressing those legitimate worries as an integral part of your return-to-work plan. You have a problem. You…
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UK firms commit to diversity, equality, and inclusion (DEI) despite US backlash
In recent weeks, US companies have dominated headlines by scaling back their DEI initiatives. The Trump administration has DEI in the firing line, with the US president blaming a plane crash in Washington DC on ‘diversity hires’ in air traffic control. A survey by Culture Amp, an employee experience platform, has found that UK firms…
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Employees using own Artificial Intelligence (AI) tools at work without permission
According to a survey by Software AG, employees are increasingly using their own AI tools without permission from their employer’s IT departments, known as ‘shadow AI’. Many employees cite the lack of AI tools provided by their employers or the desire for more flexibility in their choice of tools. For some, it is quicker and…
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Recruiting on ‘gut feeling’ led to unconscious racial bias
In James and another v London & Quadrant Housing Trust, an employment tribunal upheld the race discrimination claims of two housing managers after finding that they had not been selected for two senior roles because of the Trust’s unconscious bias. What happened? Miss James (J) and Miss Saine (S) were employed as housing managers by…
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Could comments about a colleague’s accent constitute unlawful racial harassment even if not motivated by race?
Yes they could, said the Employment Appeals Tribunal (EAT) in Miss E Carozzi v (1) University of Hertfordshire (2) Ms A Lucas: [2024] EAT 169 – GOV.UK What happened? The University of Hertfordshire employed Ms Carozzi as a Marketing, Engagement and Partnerships Manager. It twice extended her six-month probation period. Ms Carozzi had not completed…
Can you still fire and rehire?
Yes. For now. After several high-profile cases, the practice of fire and rehire has recently received widespread negative press coverage. These include the dismissal of almost 800 employees by P&O Ferries in 2022 to be replaced by lower-paid agency staff, and a case where Tesco (unsuccessfully) sought to use the practice to overturn preferential pay…
Unfairly dismissed for swearing owing to a toxic workplace with widespread ‘banter’
In Ogden v Booker Limited, an employment tribunal held that dismissing an employee for gross misconduct was unfair owing to, among other things, a lawless workplace culture where managers failed to enforce dignity at work standards. What happened? Mr Ogden joined Booker Limited (Booker) as a driver/trainer in 2016. On 4th August 2023, a female…
More McDonald’s harassment allegations
More than 700 junior McDonald’s workers in the UK have joined legal action against the fast-food chain, alleging discrimination, homophobia, and sexual harassment. This follows a BBC investigation in 2023 that revealed widespread sexual abuse and harassment at McDonald’s restaurants. Despite signing a legal agreement with the Equality and Human Rights Commission (EHRC) to improve…
Preventing sexual harassment at work: checklist and action plan for employers
Since Saturday 26th October 2024, employers have been obliged to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. The Equality and Human Rights Commission has prepared a checklist and action plan to help employers create a safer working environment and comply with their legal obligations under…
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Unfair dismissal in the Employment Rights Bill
The Employment Rights Bill, introduced to Parliament on Thursday 10th October 2024, is the government’s first phase of achieving the Plan to Make Work Pay. It has published a set of factsheets to help people understand the measures within the bill. So, what does it say about its plans to provide day-one protection from unfair…
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