Entries by damian

Gender Reassignment Discrimination: Key Points for the Workplace

The Equality Act 2010 makes it unlawful to discriminate against someone or treat them unfairly because of gender reassignment. This guidance contains advice for employers to ensure they comply with the law in this regard. As well as an overview of the specific meaning of this protected characteristic, the guidance suggests ways in which employers […]

Workplace Support for Parents with Premature or Sick Babies

Each year, 95,000 premature or sick babies are born in the UK. This guidance contains important information for employees and employers on practical issues that can arise when an employee’s baby is born preterm or is born full-term but is unwell, and suggests ways in which employers can support employees in these difficult circumstances. See […]

Monitoring of Employee’s Electronic Communications Did Violate His Privacy Rights

In the long-running case of Bărbulescu v Romania, the European Court of Human Rights (ECHR) looked at an employer’s right to examine an employee’s use of office computers for sending personal communications during working hours, in breach of the employer’s internal regulations, and ruled that the monitoring of the electronic communications was reasonable and an […]

Just One Sexist Comment Can Have Serious Consequences!

In a warning to employers that just one discriminatory comment can have dire consequences, the Court of Appeal has upheld a six-figure compensation award to a secretary whose line manager told her that women take things more emotionally than men (BAE Systems (Operations) Limited v Konczak). Marion Konczak began working for BAE Systems (Operations) Limited […]

The Wording of Contracts is All Important – but Context Matters Too

The wording of contracts is the first port of call for judges who are asked to interpret them – but context matters too. The Court of Appeal made that point in resolving a long-running dispute that arose from the closure of a packaging factory and the loss of over 100 jobs. The factory’s demise was […]

Employment Bullying

Have you recently experienced employment bullying and looking for an experienced professional to assist you with building a successful case? Damian McCarthy is the only employment law advocate that you will need to help you get results. With over 20 years of experience, and hundreds of cases surrounding employment bullying, Damian continues to win many […]

Best Lawyer in London

Have you been looking for the best lawyer in London? Damian McCarthy is a highly experienced law advocate who specialises in employment law cases. With many years of working with a wide range of different cases and some being very complex and high profile, Damian has the proven capability to be able to help you […]

If you work in the Gig economy you should follow this case

There have been a number of recent cases looking at the precise nature of the employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. In February this year, the Court of Appeal dismissed an appeal by Pimlico Plumbers Limited […]

Calculation of Holiday Pay for Voluntary Overtime

We recently reported on the decision of the Employment Appeal Tribunal (EAT) in Bear Scotland Limited and Others v Fulton and Others that Article 7 of the EU Working Time Directive (WTD) should be interpreted so that payments for overtime which employees are required to work but which their employer is not obliged to offer […]

If you are an independent contractor you should be aware of this

Companies generally bear legal liability for misdeeds committed by their employees in the context of their work, but does the same apply to self-employed contractors? The High Court tackled that issue in a group action concerning bank workers who claimed to have been sexually abused by a doctor in the course of pre-employment health checks […]