Posts By: Schofield and Associates

Central Arbitration Committee Can Hear Claims Against Acas

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Information and Consultation of Employees Regulations 2004 (ICER) implement the Directive in the UK. The ICER apply to public and private undertakings that carry out an… Read more »

Dealing With Employee References

Contrary to popular belief, except in certain sectors (e.g. education and financial services), employers are not legally obliged to provide those who leave their employment with a reference unless they have given express agreement to do so. Where a reference is given, the employer has a duty of care to the departing employee and to… Read more »

Disability Discrimination – An Expectation to Work Long Hours

In United First Partners Research v Carreras, an employee who had returned to work after he was injured in a cycling accident claimed that a ‘requirement’ that he work long hours constituted a provision, criterion or practice (PCP) for the purposes of the Equality Act 2010 that put him at a substantial disadvantage compared with… Read more »

Workplace Whistleblowing Protection

The Public Interest Disclosure Act 1998 – often referred to as the ‘Whistleblowing’ Act – gives workers legal protection when disclosing information relating to crimes, breaches of legal obligations, miscarriages of justice, dangers to health and safety or the environment and to the concealing of evidence relating to any of these. Where a worker is… Read more »

Supreme Court Rejects Pimlico Plumbers’ Appeal in Employment Status 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. One such ‘gig economy’ case (Pimlico Plumbers Limited and Another v Smith) has now been… Read more »

Small Family Company Overturns Pregnancy Discrimination Finding

Quite apart from any breach of sex discrimination law which might occur, it is automatically unfair dismissal if an employer dismisses a female employee for reasons connected with her pregnancy or the birth of her child. In determining whether or not a dismissal is pregnancy related, an Employment Tribunal (ET), as with all judicial bodies,… Read more »