It is now well over a year since the first case of COVID-19 was diagnosed in the UK on 29 January 2020. Among the many issues thrown up by the COVID-19 pandemic are questions relating to how employers should treat those employees affected by it. Not least the looming long-term consequences around what is being […]
Employment Status Checker
In the wake of a number of recent heavily publicised cases concerning employment status, HMRC has created an online tool to help determine – for tax purposes. Whether an individual is an employee or self-employed, and Whether they might be covered by IR35. The “check employment status for tax” tool can be found via the […]
Reference requests – a reality check
Employers can usually choose whether to give a reference or not, but if they do elect to provide one, it must be fair and accurate. References must not include inaccurate or misleading information and employers should avoid giving subjective comments or opinions that are not supported by facts. Some references might suggest that the job […]
The ‘Gig Economy’
The Uber tribunal verdict which was handed down in October has far-reaching implications when it comes to the future of the gig economy. Uber Appeals Their Verdict Uber has appealed the verdict, which ruled that the terms and conditions of the arrangement two drivers had with the company meant that they should be classified as […]
When Liability is Left at the Hotel Room Door
We occasionally deal with issues for clients concerning misconduct and gross misconduct at the office Christmas party. Although a unique situation, DPH Legal are able to provide specialist legal advice on this matter. Judgement From the High Court In this theme, the High Court has delivered an interesting Judgement this month with regard to liability […]
Increase in Early Conciliation and Tribunal Claims
Since July 2013 it has been a precondition of bringing a claim in the Employment Tribunal that a prospective claimant must first follow the ACAS Early Conciliation process and obtain an ACAS Early Conciliation certificate. This requirement coincided with the introduction of Employment Tribunal fees. From July 2017 Employment Tribunal fees were abolished following the […]
Pre-cancerous condition deemed a “disability” under the Equality Act 2010?
The Employment Appeal Tribunal, in Lofty v Hamis (t/a First Café) recently held that a pre-cancerous condition was deemed a “disability” under the Equality Act 2010 (a transcript of the judgement can be accessed here http://www.bailii.org/uk/cases/UKEAT/2018/0177_17_1801.html). The Claimant, a café assistant, had been diagnosed as suffering from lentigo maligna, describing this as a ‘pre-cancerous lesion […]
DPH Legal interviewed on BBC Radio Berkshire about NDAs
Mark Lafferty, Solicitor at DPH Legal, was interviewed to discuss NDAs (Non-Disclosure Agreements) on BBC Radio Berkshire yesterday. You can listen to the interview here: Non-Disclosure Agreements have been in the news recently due to their frequent use in employment disputes relating to discrimination, harassment bullying and whistleblowing. The #MeToo campaign has also shone […]
More equal pay claims
WM Morrison is facing a potential equal pay claim in the region of £100 million from hundreds of its staff (predominantly women), who are of the belief that they have been underpaid when compared to their colleagues, often men, working in distribution centres and warehouses. Morrison’s shop floor workers namely customer assistants argue that they have […]
Is an employee under a duty to disclose the criminal conviction of others?
The Supreme Court, in Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 (a transcript of the judgment can be accessed here https://www.supremecourt.uk/cases/docs/uksc-2016-0170-judgment.pdf), recently held that a dismissal of an individual for failing to disclose a relationship with a person convicted of a serious criminal offence was capable of falling within the range of reasonable […]