Entries by damian

Near-Fatal Industrial Accident Triggers Health and Safety Appeal

Many people do dangerous jobs, but employers are required by law to do all in their power to minimise risks, and the consequences of failing to do so can be severe. In one case, an equipment maintenance company was served with an improvement notice under the Health and Safety at Work etc. Act 1974 after a near-fatal […]

The Employment Tribunal Fees Refund Scheme

Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply online here. Alternatively, the following forms are available to apply for a refund by post or […]

Equality Rights – EU Law Takes Priority over UK Legislation

In a ground-breaking decision that underlined the primacy of European law, the Supreme Court has opened the way for a police officer to appeal against her dismissal to an Employment Tribunal (ET) on disability discrimination grounds. The officer had suffered post-traumatic stress disorder after being assaulted whilst on duty. She was subsequently involved in an […]

‘Worker’ Status of Uber Drivers Confirmed in Landmark Case

In a ground-breaking ruling, the Employment Appeal Tribunal (EAT) has confirmed that drivers for online cab giants Uber are ‘workers’, as defined by the Employment Rights Act 1996, and are thus entitled to a panoply of rights and benefits. In upholding complaints by a number of Uber drivers who plied their trade in London, an Employment […]

Christmas and the Workplace

Christmas is a busy time for a lot of businesses, with many taking on temporary staff to cope with the extra workload. At the same time, many employees will want to take time off to spend with their family, go on holiday or attend religious services. Employers are wise to plan ahead to cope with […]

Employers – Disciplinary Proceedings Require an Open Mind

Hard-edged opinions are all too easily formed in the heat of disciplinary proceedings, but employers must be careful to stand back and take a balanced approach. In one case in which that did not happen, a senior hospital radiologist won the right to substantial compensation following her unfair dismissal. When facing a disciplinary hearing, the […]

Government Takes Action to Boost Minimum Wage Compliance in Care Sector

The position of ‘live-in’ workers as regards employment status and rights has long been a bone of contention in the care industry in particular, leading the Government to create a new compliance scheme for social care employers.Care Home Amid concern that ‘sleep-in’ shift workers may have been incorrectly paid less than the National Minimum Wage, […]

HSE Publishes Annual Workplace Ill Health and Injury Statistics

The Health and Safety Executive (HSE) has published annual statistics for health and safety at work in Great Britain for the year April 2016 to March 2017. These show that an estimated 31.2 million days were lost through work-related ill health (25.7 million days) and non-fatal workplace injury (5.5 million days).Crane In addition, in 2016/2017 […]

Employment Tribunal Fee Refund Scheme Launched

Following the decision of the Supreme Court that the introduction of Employment Tribunal fees in July 2013 was unlawful (R on the application of UNISON v Lord Chancellor [2017] UKSC 51), the Ministry of Justice announced that the Government would cease charging fees immediately and take steps to refund payments made since their introduction – […]

High Court Bans Proposed Royal Mail Strike as a Breach of Contract

Trade unions have a statutory right to call their members out on strike so long as the correct procedures are followed. However, as one case concerning proposed industrial action by more than 100,000 Royal Mail workers showed, that right can be cut down by agreement. The Communication Workers Union was in dispute with Royal Mail […]