Government Cracks Down on Minimum Wage Cheats

As a result of new measures introduced by the Department for Business, Innovation and Skills, as part of the Government’s crackdown on employers who break the law, rogue employers who do not pay their workers the National Minimum Wage (NMW) now face an increased penalty of up to £20,000. Previously, employers found to be in… Read more »

Eileen Schofield appointed Birmingham Law Society president

Eileen Schofield, founder and principal at law firm Schofield & Associates, has been appointed president of Birmingham Law Society. Ms Schofield takes over the role from Martin Allsopp, who stepped down at the Society‚Äôs Annual General Meeting on Tuesday April 29. Principal solicitor at Schofield & Associates, a niche employment law firm based in Knowle,… Read more »

Acas Early Conciliation Scheme Goes Live

Employers are reminded that the Advisory, Conciliation and Arbitration Service (Acas) Early Conciliation (EC) scheme went live on 6 May 2014. It is now compulsory for anyone wishing to bring an Employment Tribunal (ET) claim to first send details of their dispute to Acas, which will offer the parties the opportunity to settle the matter… Read more »

Collective Redundancy Consultation – Government Announces Changes

As part of the Government’s review of employment law, the Department for Business, Innovation and Skills (BIS) carried out a consultation exercise on possible changes to the rules on consultation when large-scale redundancies are proposed. As a result, Employment Relations Minister Jo Swinson has confirmed that where an employer is proposing to dismiss 100 or… Read more »

EAT Gives Guidance on Burden of Proof in Discrimination Cases

Over the years, case law regarding the burden of proof in race discrimination claims has led to much confusion. Under the Equality Act 2010, which superseded the Race Relations Act 1976, if there are facts from which the Employment Tribunal (ET) could decide, in the absence of any other explanation, that an employer has committed… Read more »

Varying Employees’ Contracts of Employment

If an employer is seeking to make changes to employees’ contracts of employment, it is important to remember that where this will necessitate adverse changes to their existing terms of employment, the contracts can only be varied with the agreement of both parties, either by agreeing the changes with each individual affected or, in some… Read more »

Reasonable Adjustments Can Embrace Private Medical Treatment

In a decision that may come as a surprise to employers, the Employment Appeal Tribunal (EAT) has ruled that an employer’s duty to make reasonable adjustments for over-stressed workers can extend to paying for private psychiatric treatment. Consequently, the former finance manager of a veterinary practice has won substantial compensation after her claim for constructive… Read more »

Religion or Belief Discrimination – The Correct Comparator

A practising Christian who was dismissed from his job as a paediatric consultant after he refused to accept recommendations that he refrain from using religious references in his workplace communications has lost his appeal against the decision of the Employment Tribunal (ET) to dismiss his claims of unfair dismissal and discrimination on the grounds of… Read more »

Unfair Dismissal Claims – The Role of the Tribunal

In Harding v Cancer Research UK Limited, a former charity worker has failed in his long-running unfair dismissal claim after the Court of Appeal ruled that his case was based upon a fundamental misunderstanding of the law. Mr Harding worked as a van driver for Cancer Research UK Limited. In December 2006, he was given… Read more »