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 […]
This author has yet to write their bio.Meanwhile lets just say that we are proud damian contributed a whooping 111 entries.
Entries by damian
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, […]
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 […]
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  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 – […]
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 […]
If a negligent worker causes injury in the course of his job, compensation is generally payable by his or her employer under the principle of vicarious liability. However, as one case concerning an office prank showed, that does not apply where the worker concerned is on a frolic of his own. A woman suffered a […]
The Data Protection Bill 2017 was introduced to the House of Lords on 13 September 2017. The Bill, which is due to come into force in May 2018, will replace the Data Protection Act 1998 and incorporate the General Data Protection Regulation into national law so that the rules continue to apply after the UK […]
Trade unions have long been required to ballot members before calling a strike, but only recently have they also been required to indicate on voting papers the period, or periods, during which industrial action is proposed. That provision came under the spotlight in a High Court test case concerning a planned strike by airline pilots […]
Workplace disciplinary proceedings can be extremely stressful and it is foreseeable that dragging them out unnecessarily can not only be a breach of the Advisory, Conciliation and Arbitration Service Code of Practice on Disciplinary and Grievance Procedures but can also cause psychiatric harm to employees. In one case, a prison officer who had serious allegations […]
The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR), which came into force on 1 July 2000, established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable full-time co-workers, unless the treatment is justified on objective grounds. In British Airways v Pinaud, the Employment Appeal […]
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We want to be completely clear and open with you – so have set out below examples of the type of paperwork we use. These documents will help you understand your rights and how we will work on your behalf. These documents will be slightly amended in each case so that you have your own individualised “client care” documents.
About Damian McCarthy
I am a Senior Advocate (England and Wales) at Nationwide Employment Lawyers Ltd (www.natemplaw.co.uk) and not a barrister in independent practice. This means I can offer a superior level of service to clients. Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead it offers an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate. Please contact me using either the questionnaire, quick contact form above or on 020 8263 6080.
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