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Employees and workers are entitled to paid holiday but the self-employed are not.  If you are self-employed you are expected to charge the organisations that you work for an hourly or daily rate. This will allow you to cover your expenses, pay tax and National Insurance and take time off. Sometimes people are incorrectly labelled self-employed when they are not and have been denied holiday pay which they should have received. The European Court of Justice (ECJ) has just ruled in a case called King v Sash Windows that people who have been described as self-employed but are in reality

The post The European Court of Justice rules unlimited back pay for unpaid holiday appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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People sometimes need to take time off for dependants at work to look after family members or people that they live with.  The law allows employees to take reasonable time off from work to take action.  It also prevents people from being treated badly or dismissed if they have taken time off.  Who counts as a dependant? A spouse or civil partner A child A parent Any person who lives in the same house but not if they are a lodger, boarder, tenant or employee. What can I have time off work for? The law is very clear about what

The post Time off for Dependants appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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 What are reasonable adjustments? When organisations employ disabled workers, they must put in place reasonable adjustments at work to: Remove substantial disadvantage (more than minor or trivial). This is where a provision criteria or practice puts a disabled person at a disadvantage compared to those who are not disabled; Provide an auxiliary aid. This is where not having an auxiliary aid would put a disabled person at a significant disadvantage; Remedy any problem caused by a physical feature in the workplace. Employers owe the duty to all workers and to job applicants at interview.  Please note that there are strict

The post Reasonable adjustments at work – Employer obligations appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way.  Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant, it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding.” Contributory Fault Reductions It is only where there is an element of fault that reductions for contributory

The post Contributory Fault appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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On 31st October 2017 parents took to the streets in 6 cities across the UK to demand recognition, respect and change for working parents. Organised by the campaign group Pregnant then Screwed, the protestors made 6 demands: Increase the time limit to submit a tribunal claim for maternity and parental leave discrimination from three months to six months (at the very least); Ensure companies report on how many flexible working requests are made and how many are granted within an organisation ; Allow both parents access to six weeks parental leave paid at 90% of their salary; Allow self-employed workers

The post March of the Mummies – Call for better rights for mothers and parents appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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How are employees compensated in discrimination cases over and above the loss of earnings that they may have incurred by way of an injury to feelings award. Injury to feelings awards are, unlike unfair dismissal awards, unlimited. The Tribunal will, if it considers that an employee has suffered discrimination, try to compensate that individual so that they are put in the position they would have been had the discrimination not taken place. So, for example, if an employee has suffered a loss of earnings because of an act of discrimination, then the Tribunal can award that employee loss of earnings

The post What are Injury to Feelings? appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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Some employers watch the clock run down in the sense that they dismiss employees just before the two years is up.

Where an employee is dismissed months and weeks before two years’ service then there is little that they can do. They have simply not worked there long enough to have accrued most employment rights. 

If, however, they are dismissed in the days before two years is up then there is cause for hope.

The post Dismissals on the cusp of two years’ service appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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Radio 4 is running the story of an unfair dismissal case as part of its Untold Story series. Due to be broadcast at 11am on Monday 6th November. The opening story features care home employee, Rachel Burns as she prepares for an Employment Tribunal.

The post Radio 4: Untold Story – Unfair Dismissal appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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Michael Fallon resigns as Defence Secretary, following an allegation of sexual harassment, his resignation letter states that “in the past” his behaviour “had fallen below the high standards that we require of the Armed Forces”.  The Allegation Whilst there may be other allegations of harassment in the swirl of accusations, denials and apologies circling around Westminster as part of the list of 40 MPs including 15 Ministers who are deemed to have acted inappropriately towards female staff, journalists and lobbyists, the only incident which has been made public as far as Mr Fallon is concerned is one which took place

The post Michael Fallon resigns but is not necessarily guilty of sexual harassment appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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A provision criterion or practice (PCP) is a legal term used in discrimination law. In particular, PCP is used in indirect discrimination claims.  In order to prove indirect discrimination, firstly, an employee must prove that a provision criterion or practice has been applied to them. See Section 19(1) of the Equality Act 2010. The employee must be able to prove that the PCP, when applied to them, puts them at a disadvantage because of their race, sex, age etc. Defining a provision criterion or practice (PCP) The Equality Act does not define “provision criterion or practice”.  This means it can have a

The post What is a Provision Criterion or Practice (a “PCP”)? appeared first on Tribunal Claim | No win no fee Employment Solicitors UK.

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