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Case Review: Race discrimination employee was not victimised

The recent case of Burrell v Micheldever Tyre Services Limited[1] highlights that employers need to be careful before relocating staff who have made allegations, in this case allegations of race discrimination. Mr Burrell was employed at the Fareham branch of his employer as a Tyre Fitter.  He was the only black employee in that branch and … Read more

Shares for Rights

In George Osborne’s 2012 speech at the Tory party conference he put forward a shares for rights proposal where employee’s could give up employment rights such as unfair dismissal, statutory redundancy pay and flexible working time and in return they would gain shares in the company worth between £2,000 and £50,000. This was included with a … Read more

What Constitutes an Automatic Unfair Dismissal?

Within the Employment Rights Act 1996[1] and certain other pieces of legislation there are protections in place for employees greater than those afforded by a standard unfair dismissal claim.  If an employee is dismissed for one of these reasons laid out in statute and it can be proved that it was the reason or principal reason … Read more

Is Stammering Considered a Disability?

For a disability discrimination claim at an Employment tribunal to be successful it needs to pass the test as laid out by the Equality Act 2010. Broadly speaking this means that stammering is a disability if it has a substantial adverse effect on the ability to carry out normal day-to-day activities such as having a … Read more

Pay-gradings: Are you able to challenge them?

We have recently been encountering several cases in which employees have been trying to argue that they have not been placed in the right pay grade and that they should be getting a higher salary. They have then gone on to express a desire to submit an unlawful deduction of wages claim for all the … Read more

Night-shift Workers at Significantly Greater Risk of Miscarriage

Research Identifying Risk of Miscarriage for Night-shift workers New research from the Fertility Centre at University Hospital Southampton has found a significant increase in the incidence of miscarriage among pregnant nightshift workers when compared to women who work nine to five. The study, led by Dr Linden Stocker and Dr Ying Cheong, considered the reproductive … Read more

Healthcare assistants at risk through lack of training

A recent independent report has highlighted a worrying aspect with regard to Healthcare Assistants within Britain.[1] This is that there is no minimum standard of training before they are allowed to work unsupervised. The obvious risk being that without the proper training how are the healthcare assistants supposed to provide the required care towards their patients … Read more

Case Review: Dismissed for refusing a pay cut

We have recently been instructed to assist a client who was, unfortunately, quite suddenly dismissed after he refused to accept a pay cut.  Although surprising, it is possible for employers to dismiss employees if they refuse to accept a pay cut however, such dismissals will often be subjected the scrutiny of Employment Tribunals if the … Read more

Collective redundancy consultations: Government changes

On the 6th April 2013 the Government introduced a rather significant change to the rules relating to collective redundancy that companies have to abide by. With regard to what it meant by collective the Government have classed it as any company that is looking to make 100 or more staff members redundant. The rule change … Read more