When an employee parts ways with their employer, particularly under circumstances in which there is a dispute, the company may be keen to ensure that the former employee doesn’t divulge any sensitive information. Over the course of employment, a member of staff can learn and be exposed to a fair amount of information that would harm the businesses’ reputation, give competitors the inside scoop, or even bring about legal proceedings. It is, therefore, in the employer’s interest to officially ensure that the departing employee won’t share anything confidential, which necessitates a legal agreeme ..read more

It is hard to avoid the news of various strikes, and how they are affecting the country as a whole. Many small employers will find that their staff are affected, even though they as a business are in an unaffected area. It goes without saying that businesses directly linked to workers in striking areas, for example, rail, will notice an immediate effect. The purpose of this article is not to discuss the merits or otherwise of any industrial action, or even to deal with those that employ staff in directly affected areas, but what specifically should employers do if any industrial action affects ..read more

We are approaching that time of year, where there are lots of articles and guides on “how to avoid the pitfalls of the office Christmas party”. We’re sure that as you start to read this, you will be thinking, “oh no, not another one”, but please bear with us! We regularly read the identikit articles on avoiding staff issues at the Xmas party, and can feel ourselves trying to work out whether or not they were all written in one place, and more importantly, do the tips that they actually give help employers avoid employment claims should something go wrong. Many do not, merely saying the same th ..read more

As we start to see the economy decline, many businesses are worried about how to deal with staff. Rising interest rates increasing borrowing costs, and rising inflation, including increasing energy costs, mean redundancies are inevitable. The issue of staff redundancies will be in the news as the economic situation deteriorates. Employers that have held off on redundancies would be wise to consider the next steps they might want to take, before the situation for them becomes critical. How those redundancies happen is important from both a reason perspective, but given a process must be followe ..read more

As an employment law specialist for over 20 years, the issue of equality and diversity in the workplace has evolved over time, in terms of both the legal protections afforded to workers, and the cultural shift in attitudes to workplace equality. Whilst those cultural attitudes have evolved, for those workers who are on the receiving end of discriminatory acts, it is often harder than ever, in practical terms, to enforce the rights they have. Discrimination and the Law The rights that workers have in respect of non-discrimination are under The Equality Act 2010. This piece of legislation, when ..read more

In UK Employment law, those offering services, do so in one of three situations: the genuinely employed the genuinely self employed or workers The simple position in law is that employees are entitled to all employment rights, and the genuinely self employed none (other than some basic non discrimination rights in services). The middle category of worker is a category who, on the face of it should probably be employees, but cannot quite get over that hurdle, the best example being agency workers. Workers, in law, are entitled to basic employment rights, such as the national minimum wage, hol ..read more

We have advised both employers and employees for over 20 years on employment issues. When acting for employers, the advice is often proactive, seeking to minimise any risk that the employer may face should an employee bring an Employment Tribunal claim. Discrimination claims are once such area. We also act for employees in such claims, and it is often the case that whilst employers with no equality and diversity policies in place do badly at the Employment Tribunal. Some employers have those policies in place, but do not implement them in any meaningful practical way, often viewing equality an ..read more

Restructuring your business can be an exciting time, but it’s important that you navigate the legal aspects properly. Restructuring involves making significant changes to the structure, ownership, or operations of your business, and we’re here to help you understand the process and comply with the law. Read on to find out how to restructure your business legally in the UK. What Is a Company Restructure? But first, let’s discuss what restructuring actually is. A company restructuring is the process of making substantial changes to the organisation, operations, or ownership structure of a busine ..read more

During a legal battle, a party’s admission to something can be used against them in court. However, by using the without prejudice rule for any offers, you can make statements and offers that can’t be used in court as evidence of admissions against the party who made them. Whether you’re battling unfair dismissal, employment contract disputes, or employment tribunals, without prejudice can be used. In this blog post, we’ll dive deeper into what a without prejudice offer is, how it works, and the exemptions to the rule. What Is a Without Prejudice Offer? In employment law, without prejudice off ..read more

In the UK, menopause is not explicitly covered under the Equality Act 2010, which prohibits discrimination on the grounds of sex, race, age, disability, and other protected characteristics. Despite non-discrimination laws relating to sex being in place since the 1970’s, and most other protected areas for over 10 years, there is no specific protection in place if women are dismissed or subjected to discrimination as a result of the menopause. However, employers have a legal duty to provide a safe and healthy work environment that does not put their employees’ health at risk. Menopausal symptoms ..read more