Why is ABRDN in the news? Recent announcements by ABRDN have included the closure of their Aberdeen office with staff working remotely instead, £150mn in cuts and 500 redundancies. Our employment law solicitors are highly experienced in advising employees at risk, particularly in the financial services industry. We are often recommended as independent legal advisers to employees facing redundancy. It is not unusual for us to see the real impact of headlines such as those concerning ABRDN employees, just a short while after reading about them. We hear first-hand about the concerns and stress ex ..read more

Menopause, discrimination and the law - what’s changing? You may have seen the recent media coverage about work and the menopause. The UK government has rejected several of the recommendations made by the Women and Equalities Committee. The cross-party Committee launched an inquiry to investigate how menopausal people can be better supported at work. It released a report on 28th July 2022, which advised that current UK law was insufficiently protective. One of its 12 proposals was to make the menopause another protected characteristic of the 2010 Equality Act. In this blog, we will outline the ..read more

When is a conversation ‘protected’ in employment law? If you have attended a confidential meeting with your employer, the terms ‘s111A’ and/or ‘protected conversation’ may have been used. Here, we explain the term, why employers use it, and when it will apply. What is the difference between without prejudice and a protected conversation? In 2013 a new statutory framework, s.111A(1) Employment Rights Act 1996, was introduced to operate alongside the without prejudice principle. ‘Pre-termination negotiations’, more commonly known as ‘protected conversations’, are intended to make it easier for e ..read more

What is a protected conversation? If you have attended a confidential meeting with your employer, the terms ‘s111A’ and/or ‘protected conversation’ may have been used. Here, we explain the term, why employers use it, and when it will apply. The meaning In 2013 a new statutory framework, s.111A(1) Employment Rights Act 1996, was introduced to operate alongside the without prejudice principle. ‘Pre-termination negotiations’, more commonly known as ‘protected conversations’, are intended to make it easier for employers to initiate settlement conversations with employees with less risk of those co ..read more

Employment contracts – what do employers need to provide? Employers must provide their workers and employees with a written statement of their basic terms of employment on day one of their employment. This basic outline of terms is required under section 1 of the Employment Rights Act 1996 and as a result is commonly known as a “Section 1 Statement”. A detailed employment contract would often contain much more than this basic mandatory information, but legally, this is the minimum that should be provided. What changed in 2020? From 6 April 2020, all workers, not just employees had the right to ..read more

Importance of a Written Contract  The starting point in any holiday calculation is the contract of employment. Ideally the contract will give clear guidance about how annual leave entitlement will accrue. A thorough contract will also state how much an employee will earn and outline all other benefits that they are entitled to receive. Written contracts of employment are also important to protect business interests and offer clarity to both parties in case of a dispute. Since 6 April 2020, it has been a statutory obligation for employers to provide employees with a written statement of em ..read more

There are many difficult decisions involved in running a business. Sometimes the difficult decision involves ending the employment relationship with a member of staff and this can carry risk. There are several factors to consider when dismissing an employee to minimise the potential risk to your business. If the dismissal is not carried out lawfully, the employee could be entitled to bring a claim in the Employment Tribunal for unfair dismissal, wrongful dismissal, and possibly even discrimination, so it’s important to get things right. What are fair reasons for dismissal? Firstly, you should ..read more

Flexible Working Requests – Time for Change? What is the Issue? A recent study on flexible working has found that roughly half of the 13,000 working mothers who responded said that their employer had either rejected, or only partially accepted a request for flexible working. Further, a huge 86% of women who were already working flexibly said that they faced discrimination and disadvantages at work as result of their working patterns.   Generally, those who responded to the survey said that they were concerned of what their employer’s reaction would be, and also that there was no point in ..read more

What does ‘without prejudice’ mean? Primary Keyword(s): what does without prejudice mean, without prejudice Secondary Keyword(s): without prejudice meaning, without prejudice communication When instructing a lawyer, you may have come across the statement ‘without prejudice’ and wondered…what does this actually mean? Here, we explain the term, why lawyers use it, and when it will apply in communications. Without Prejudice Meaning The basic meaning of ‘without prejudice’ is that statements made in the settlement of an existing dispute cannot be relied upon as evidence against the interests of th ..read more

On 24 November 2021, the Court of Appeal handed down its judgment in the case of The Motherhood Plan and Kerry Chamberlain v Her Majesty’s Treasury and Her Majesty’s Revenue and Customs, holding that the UK government’s Covid-19 self-employed income support scheme (SEISS) had discriminated against new mother. However, the Court of Appeal accepted that this was justified due to the emergency nature of the scheme, introduced at the start of the pandemic. The facts The Motherhood Plan, otherwise known as ‘Pregnant then Screwed’, is a registered charity which campaigns for pregnant women and new m ..read more