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New Tribunal Procedure Rules

A new statutory instrument was brought before parliament on 17 September 2020 to amend the tribunal procedural rules.  The rules were changed to make the following allowances: More flexibility to be permitted over virtual hearings due to the Covid-19 pandemic.  As Covid-19 has created a significant backlog of problems in the Employment Tribunal, if certain […]

Disability Discrimination Update

The EAT in Sullivan v Bury Street Capital Ltd UKEAT/0317/19/BA recently held that an employee who suffered from paranoid delusions was not disabled because although these had a substantial adverse effect, they were not long-term or likely to recur. The Employment Tribunal rejected the Claimant’s evidence and found that his condition did not have a […]

The right to refuse work?

Some of the most common queries received in recent weeks have related to whether employers are able to force employees to return to work and, conversely, whether employees can refuse to return to work. Prior to the current pandemic queries of this nature were virtually unheard of; in the majority of cases, an employer is […]

Criminal investigations. The risk for UK employers furloughing staff

UK employers who are furloughing staff as a result of the coronavirus pandemic could face a criminal investigation from HM Revenue and Customs (HMRC) if complicit managers are dishonestly facilitating claims under the coronavirus job retention scheme whilst simultaneously requiring employees to work. Under the current criteria for the coronavirus job retention scheme, employers may […]

Holiday during furlough

Employees on furlough leave continue to accrue statutory holidays and any additional holiday entitlement under their contract of employment. Furloughed employees may take holiday without it disrupting their furlough leave. An employer may, subject to the usual notice requirements, require employees to take holiday whether or not the employee is on furlough leave. However, before […]

The Good Work Plan

This month a number of new or revised provisions are to be introduced. It is important employers are aware of the new provisions. These changes are being introduced under the “Good Work Plan”. This plan covers when a contract (or written statement of terms) should be provided to an employee, how to calculate holiday pay, […]

David Harris discusses sick pay and self-employed workers on BBC Radio Berkshire

David Harris, Managing Partner at DPH Legal was interviewed by Andrew Peach of  BBC Radio Berkshire about workers’ rights in relation to sick pay, particularly those who are self-employed, in relation to coronavirus. You can listen to the interview here:  Also go here to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions […]

David Harris discusses sick pay and self-employed workers on BBC Radio Berkshire

David Harris, Managing Partner at DPH Legal was interviewed by Andrew Peach of  BBC Radio Berkshire about workers’ rights in relation to sick pay, particularly those who are self-employed, in relation to coronavirus. Also go here to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions about coronavirus and your obligations as an […]

David Harris talks about workers rights and Coronavirus on BBC Radio Berkshire

David Harris, Managing Partner at DPH Legal was interviewed by Sarah Walker of  BBC Radio Berkshire about workers’ rights in relation to coronavirus. You can listen to the interview here:  https://www.dphlegal.com/wp-content/uploads/2020/03/David-BBC-Interview-CV-2.mp3 Also go to the following page to read our advice for employers about coronavirus: https://www.dphlegal.com/coronavirus-advice-for-employers/ Should you have any questions about coronavirus and your obligations […]

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 […]

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 […]

Employment Tribunal Fees

Earlier this year, the Supreme Court abolished Employment Tribunal (ET) fees and Employment Appeal Tribunal fees and ruled that the fee regime is unlawful. This means that no one should have been asked to pay a fee and those that did are entitled to be refunded from the government. If the government repays fees to […]

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