Employment Advice for Employers

Educating staff to prevent sexual harassment in the workplace is vital, says leading lawyer

September 21st 2021
 

EMPLOYERS need to educate their staff on what constitutes sexual harassment and sex discrimination in the workplace as the Government announces that it will bring in new legislation to protect employees from being victims of such behaviour at work. This is the opinion of leading employment lawyer Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, who said sexual harassment and sex discrimination was still a problem…

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Employer had made ‘all reasonable adjustments’ for disabled employee

September 13th 2021
 

A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. Joanne Stronach Head of Employment and HR reports on this recent case. The employee, Ms Martin, started working for the employer in 2014. She had several stress-related absences. In March 2017, an occupational health report advised that she had a chronic medical condition exacerbated…

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Director didn’t breach duty over employee bonus in company transfer

September 2nd 2021
 

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. Mark Aspin Head of Dispute Resolution reports on this recent case: That was the decision of the High Court in a case involving Reader v SPIE Ltd. The court heard that Paul Garside had sold his company to SPIE under a share purchase agreement which…

Nursing officer was dismissed for making protected disclosures

August 25th 2021
 

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. Joanne Stronach Head of Employment & HR reports on this recent case. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS Foundation Trust for 38 years and managed 50 nursing staff. In 2015 she was commended for her care and leadership qualities.…

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Worker subjected to abuse on WhatsApp awarded £25,000

August 20th 2021
 

A woman who stumbled across a workplace WhatsApp group featuring racially abusive remarks about her has been awarded nearly £25,000 for unlawful harassment on the grounds of sex, race and religious belief.  Joanne Stronach Head of Employment & HR reports on this recent case. The case involved Mrs Muna Abdi who worked as an operations clerk for Deltec in Hounslow. She was originally from Somalia and moved to the UK as…

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Pitfalls of ‘no jab, no job’ policy for businesses across England

August 19th 2021
 

IMPLEMENTING a ‘no jab, no job’ policy brings serious pitfalls for business across England, a leading employment lawyer has warned. While it will be the law in England from November 11 for all staff and volunteers in registered care home settings to show proof they have received both Covid-19 vaccinations to enable them to continue working there, unless clinically exempt, companies across other sectors need to be aware that introducing…

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Government to place duty on employers to prevent sexual harassment

August 18th 2021
 

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. Joanne Stronach Head of Employment & HR provides an update. There will also be explicit protections from third-party harassment. The measures are in response to the consultation on sexual harassment in the workplace, which ran from July to…

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Supreme Court rules on burden of proof in employment claims

August 12th 2021
 

The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. Joanne Stronach Head of Employment & HR reports on this recent case. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals dealing with discrimination claims, particularly in reference to the burden of proof and whether any adverse…

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What should you do if you or your staff are ‘pinged’ by the NHS COVID-19 App? Guidance for employers

July 22nd 2021
 

It is being reported that there are an increasing number of people being ‘pinged’ by the NHS COVID-19 App.  The terminology ‘pinged’ is referring to when a person is sent an alert by the App. The App sends anonymous alerts if the user has been in close contact with another app user who has tested positive and will notify them that they should self-isolate, thereby helping to break chains of…

What now for employers with Covid restrictions being eased?

July 15th 2021
 

Legal restrictions in place in respect of Covid-19 will start to end on Monday 19th July in England, Wales and Scotland.  Each country is taking a slightly different approach to timings and some of the detail around what is required, but in all countries, there is the start of an easing. This is a significant move away from the restrictions and obligations that we have been living with for over…

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