Employment

MacDonald Oates LLP Solicitors
9th August 2018

Our Starter Pack is ideal if you are employing your first employee or you want to update your contracts of employment. The pack gives you the basic HR and legal documentation you will need for employing your first employee and all at a ...

MacDonald Oates LLP Solicitors
5th July 2018

Further to our articles earlier this year, it is interesting that due to campaigns such as the #Me Too campaign, sexual harassment is still getting media attention. Recently there have been parliamentary debates where those in the ...

13th June 2018

Following our update for 2018, we now take a look at the The Pimlico Plumber case which has now been heard by the Supreme Court. In this case Mr Smith was a gas electrician carrying out work solely for Pimlico Plumbers from August ...

Closeup on notebook over wood table background, focus on wooden blocks with letters making GDPR General Data Protection Regulation text
10th May 2018

You will recall in January we highlighted how employers needed to get ready for changes to data protection law that comes into force on 25th May 2018. We have already, in our previous update, provided you with some helpful links and ...

Father holding his baby girl
19th April 2018

This update follows our update in July last year regarding Mr Ali’s claim of sex discrimination because he was not paid enhanced pay whilst on Shared Parental Leave like those on maternity leave. Capita, the respondent and employer in ...

MacDonald Oates LLP Solicitors
28th March 2018

It is the time of year which sees the statutory rates for payments such as maternity pay and sick pay increase, as well as the national minimum wage. See here for our pdf setting out these changes. Employers considering using ...

disability concept - inscription on the desk
14th March 2018

This case below of Lofty –v- Hamis (EAT) deals with the question of when under the Equality Act 2010 does cancer become automatically deemed as a disability. The Equality Act currently has a Schedule 1 which lists those illnesses and ...

Neon tube number on dark background. 3D rendering
22nd February 2018

When an employer is considering ending an employee’s employment, it is vital that regardless of their length of service the employer considers their reasons for dismissing that employee.  Although most employment protection with ...

Closeup on notebook over wood table background, focus on wooden blocks with letters making GDPR General Data Protection Regulation text
31st January 2018

On 25 May 2018 the General Data Protection Regulation (GDPR) will come into effect in the UK.  This  is aimed at strengthening and harmonising data protection laws across the European Union.  It is planned that the UK ...

sexual harassment
15th January 2018

Last year we saw a raft of high profile sexual harassment allegations being made against celebrities and politicians alike. More recently the EHRC has highlighted that they will be getting involved as far as their powers allow to ...

MacDonald Oates LLP Solicitors
20th December 2017

We take a look at what we can expect from an employment law perspective in 2018. Legislation Gender pay gap reporting. The Gender Pay Gap Reporting Regulations came into force on 6 April 2017.   It requires certain employers to publish ...

MacDonald Oates LLP Solicitors
4th December 2017

Background Under the Working Time Regulations 1998 (WTR) holiday may only be taken in the leave year in respect of which it is due (regulation 13(9)). A worker must therefore take their holiday within the leave year or it is lost (with ...

MacDonald Oates LLP Solicitors
16th October 2017

The Working Time Directive (WTD) and therefore the Working Time Regulations (WTR), which implements the WTD for the UK, states that workers must have the right to paid holiday.  The aim with respect to this paid holiday is to ensure ...

MacDonald Oates LLP Solicitors
25th September 2017

‘Work related stress’ as a reason for absence can send chills through any HR manager because such sickness absence is not easily cured with a week of rest or a dose of antibiotics.  It requires careful handling, patience and time. ...

MacDonald Oates LLP Solicitors
6th September 2017

The Equality Act 2010 prohibits discrimination in respect of the nine “protected characteristics” of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, ...

MacDonald Oates LLP Solicitors
21st August 2017

A grievance is a term given to a complaint, concern or problem which is raised by an employee with their employer.  This definition is reflected in the ACAS Code, which provides guidance to employers and employees about how a grievance ...

31st July 2017

Judgment has recently been given on a momentous case in the matter of R (on the application of Unison) (Appellent) v Lord Chancellor (Respondent), which was Unison’s challenge against employment tribunal fees. Employment tribunal fees ...

MacDonald Oates LLP Solicitors
19th July 2017

For some smaller employers dealing with sickness absence is stepping into unknown territory.   When dealing with this for the first time, employers can feel daunted about what they should and should not do. Whilst every case is ...

Father holding his baby girl
5th July 2017

This case considers sex discrimination and pay during shared parental leave.  Shared parental leave was introduced in 5 April 2015.  It allows a woman who is on maternity leave to give up her maternity leave and instead allow ...

MacDonald Oates LLP Solicitors
15th June 2017

We have previously highlighted that Workplace Mediation can be one way of resolving disagreements in the workplace. However, in some cases, a Settlement Agreement may be one sensible option for both parties to consider and they are ...

MacDonald Oates LLP Solicitors
25th May 2017

We take a look at some of the rights pregnant employees have in the workplace. The starting point is that a pregnant employee has the same rights as any other employee with the same length of service, such as unfair dismissal and a ...

disability concept - inscription on the desk
11th May 2017

We take a look at a recent disability discrimination case of The Government Legal Service v Brookes where a multiple choice test for applicants placed a woman with Asperger’s at particular disadvantage and was not justified. ...