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Myerson Employment Law Spring Update 2024
Join the Myerson Employment Team as we bring you their top Employment Law updates you must know. The topics for this seminar will include: Important changes to holiday pay coming into force in April New, wider family-friendly rights What employers...
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Blog
Can I Be Made Redundant When I’m Pregnant or on Maternity Leave?
It is estimated that over 590,000 individuals employed are pregnant. In a recent survey conducted by the campaign group ‘Pregnant then Screwed’, 7% of their survey pool confirmed they had lost their job through redundancy, sacking or feeling forced...
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News
Myerson's Employment Team Shortlisted for the Manchester Legal Awards 2024
We're excited to share some great news – our Employment Team has been shortlisted for the Manchester Legal Awards 2024! This year, the Manchester Law Society received a record number of entries, making the competition fierce. Despite this, our...
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Blog
Employment Discrimination: A Conflict in Cases
In early 2024, the Employment Tribunal made two notable judgments in the cases of Miller v University of Bristol and Omooba v Michael Garrett Associates Ltd (t/a Global Artists) and Leicester Theatre Trust Ltd , both of which centred on topical...
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Blog
Unwrapping Changes: Important New Holiday Pay Rules Come into Force for Employers
On 1 January 2024, the Government brought into force a raft of major amendments to existing holiday pay regulations. In this article, we set out the key changes employers and HR practitioners need to know. The changes to the Working Time...
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Blog
The Perfect Storm - Ongoing Struggles for Hospitality and Leisure Businesses
New data from commercial real estate analysts Altus Group has revealed that pubs across England and Wales are closing at a rate of two per day. With a reported 383 pubs having been either demolished or redeveloped during the first half of 2023, pub...
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Blog
New Year, New Legislation – What's Changing for Employers in 2024?
2024 is set to be a busy year for HR and employers , with a raft of changes to existing employment laws coming into effect and a number of new employee rights being introduced. There is also the potential of a general election to consider, which...
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Blog
AI and Manufacturing: Key Considerations for Employers
Artificial Intelligence (“ AI ”) is increasingly being implemented across all sectors, with manufacturing and engineering being no exception. According to a survey conducted by Deloitte in 2020, 93% of companies believe that AI will be a pivotal...
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Significant New Regulations on Holidays and TUPE
The Government recently published its response to a consultation that sought to address issues with the current laws around working time, holidays, and TUPE. As part of that, the Government has published draft regulations called the Employment...
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Workers (Predictable Terms and Conditions) Bill Receives Royal Assent
The Workers (Predictable Terms and Conditions) Bill received Royal Assent on 18 September 2023, becoming the Workers (Predictable Terms and Conditions) Act 2023. For more information on the Bill's proposals, please see our previous blog here on...
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Blog
ICO Guidance on Monitoring Employees
On 3 October 2023, the Information Commissioner’s Office (“ICO”) published updated guidance on lawful monitoring in the workplace. The guidance outlines legal requirements as well as good practice advice to help employers build trust with their...
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Webinar
Myerson Solicitors Employment Autumn Update 2023
The Myerson Employment Team bring you their Top Employment Law Updates You Must Know. Our expert Employment Team guide you through the latest developments in the world of employment law. The topics for this seminar include: AI and employment law...
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Blog
Walking the Legal Tightrope: Self-Employed Labour in Technology
Technology created the gig economy and, as a sector, was an early adopter of using self-employed staff to add important skill sets to their businesses. Walk through any UK city, and you will see self-employed Uber drivers ferrying passengers back...
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Blog
Labour’s Plans for Sweeping Employment Law Changes
New announcements by the Labour Party have revealed that should the party win the next general election in 2024, employers can expect significant changes to employment laws and employee rights. The Labour Party has committed to implementing an...
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Blog
Employment Tribunal Online Claim Submission Service Crashes
HM Courts and Tribunals Service (HMCTS) have announced that they are experiencing technical difficulties with the online submission service used for filing claims in the employment tribunal. The fault has made it impossible to submit an employment...
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Blog
Workplace Bullying: New Laws for an Old Problem?
There is currently no distinct law in the UK that specifically governs workplace bullying. However, a Private Members Bill that was recently presented in Parliament has proposed a new statutory definition for bullying and shone a light on a...
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The Great Big Workplace Adjustments Survey 2023
Nearly 1500 disabled employees and 400 managers recently responded to The Great Big Workplace Adjustments Survey 2023. The survey assessed the extent to which the needs of disabled employees were being met and reached some interesting findings for...
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Blog
Effectively Managing Seasonal Workers in the Agricultural Sector
Effective recruitment is paramount in the labour-intensive agricultural sector, and finding enough manpower in busy seasons can be difficult. That outward focus can often mean that the job of effectively managing existing seasonal workers is...
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Blog
UK’s Largest Retailers Hit with £7 million Fines for not Paying Minimum Wage
The Department for Business and Trade (DBT) has named and shamed over 200 employers who have failed to provide their lowest paid staff the national minimum wage (NMW) in a list published on 21 June 2023. The clear message that is being communicated...
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Guidance for Employers to Support Their Employees Experiencing Fertility Issues
Approximately one in seven people in the UK experience fertility problems, with the majority of these individuals in employment. It's widely recognised that there can be significant impacts on the mental and physical health of employees...
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Blog
Employers in Hospitality and Leisure Affected by New Tipping Laws
The Employment (Allocation of Tips) Act 2023 received Royal Assent on 2 May 2023. The new law makes it unlawful for an employer to withhold tips, gratuities, and service charges (‘ tips ’) that are paid by its customers and requires employers to...
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Blog
New Protections for Parents and Carers at Work Receive Royal Assent
Bills aimed at giving parents and carers new protections at work concerning leave entitlement and redundancy protections received royal assent on 24 May 2023. These new laws are as follows: The Neonatal Care (Leave and Pay) Act The Protection from...
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30% of Employers Likely to Make Redundancies This Year
A new survey from ACAS found that 30% of employers believe they are likely to make redundancies over the next 12 months. The survey, undertaken by YouGov, found that 41% of large businesses (those that employ more than 250 employees) were likely to...
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Blog
Government Set to Weaken Non-competes
On 10 May 2023, the government released a new policy paper, Smarter Regulation to Grow the Economy. The paper outlines the government’s initial plans for changing the landscape of employment law post-Brexit. Non-compete restrictions will be...
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£100,000 Windfall: Employer Punished for Risking the Health of Heart Attack Victim
In the recent Employment Tribunal case of Mrs G Rouse v Andron Contract Services Ltd , the tribunal awarded Mrs Rouse £100,000 for being "pushed out" of her job when her employer threatened her with redundancy , failed to make reasonable...
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Blog
Manufacturing Sector: The Four-Day Working Week
4 Day Week Global has recently published its results from the world’s largest trial of a four-day work week. Sixty-one companies and 3,000 workers participated in the six-month trial. Of the sixty-one participating companies, fifty-six are...
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Blog
Supporting Fasting Employees During Ramadan
In this article, Myerson's team of Employment lawyers explore what the festival of Ramadan involves for Muslim employees and what businesses can do to ensure participating employees are appropriately supported. What is Ramadan? Ramadan is a very...
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Webinar
Employment Law Spring Update
Watch our spring employment law update where we bring you up to speed on the current updates in the employment law world.
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Blog
Sexual Harassment at Work: New Duties on Employers
Back in 2019, the Government consulted on whether there should be a duty on employers to prevent the sexual harassment of their employees, and this was met with support. In July 2021, the Government responded to the results of that consultation by...
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Blog
April 2023: Statutory Pay Rates & Unfair Dismissal Compensation Limits Increase
As always, April means new increases to a range of statutory rates and limits. We have set out below the key changes taking effect in April 2023 that employers need to know about.
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Blog
How Should an Employer Respond When a Cyber Incident Occurs?
Whilst prevention is the best cure for cyber incidents and data breaches, no organisation can consider itself untouchable, and employers must be prepared for the worst. In this article, Our Employment Law experts explore how an employer should...
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Blog
A Legal Right to Request a Predictable Working Pattern
The Workers (Predictable Terms and Conditions) Bill comes as part of a package of policies that the government is supporting to improve worker’s rights across the country, such as entitling carers to a period of unpaid leave to support a dependent...
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Newsletter
Myerson Magazine January 2023 Issue
Our magazine covers a wide range of private client topics such as terms of employment contracts, common mistakes when divorcing, the residential property market and inhabitation of family home after death.
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Blog
“Fire and Rehire” Practices by Employers
The government has launched a consultation that could introduce restrictions on the ability of employers to use “fire and rehire” tactics to force through contractual changes to their staffs employment . A draft of the new Statutory Code of...
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Blog
Is There a Minimum Workplace Temperature?
Having only just thawed out from temperatures that dipped as low as -10⁰C earlier this month, the UK is braced for more snow and frost in the coming weeks. At the other end of the thermometer, it was only a few months ago that we saw record-break...
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Blog
Government Consults on Holiday Pay for Part-Year Workers
Following the recent case of Harpur Trust v Brazel, it appeared that many businesses would need to revisit their holiday calculations for part-year workers. Myerson has previously discussed the background and decision of this important case at...
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Blog
Employment Law Developments on the Horizon in 2023
2023 can be a busy year for employment law changes, with a legislative agenda that includes possible post-Brexit reforms for EU-derived laws, increased employers protection from strikes, and a raft of private members bills offering additional...
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Blog
Christmas Parties and Employee Misconduct
What happens at the Christmas Party, does NOT stay at the Christmas Party Looking back at December 2020, English regions were trying to get to grips with the tier system and the rule of six. Christmas parties across the nation were held virtually...
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Blog
New National Minimum Wage Rates Announced
The new National Minimum Wage rates that employers will need to comply with from 1 April 2023 have been announced. The Government has confirmed that the National Living Wage (NLW) and National Minimum Wage hourly rates will increase from 1 st...
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Blog
Agriculture: Tips for Avoiding Discrimination in an Employment Setting
All employers want to ensure they have the right people working for them. This is relevant in advertising jobs and when employees may no longer be capable of the role. This blog sets out some of the likely issues that agricultural employers may...
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Webinar
Myerson Solicitors Presents: Employment Law Autumn Update
Thank you to everyone who attended our Myerson Solicitors Employment Law Update. The webinar was hosted by the Myerson Employment Law Team, where they discussed the latest topics surrounding HR and employment law. You can now watch a replay of the...
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Blog
Can Employers Be Liable for Employee’s Actions?
In the recent case of Chell v Tarmac Cement and Lime Ltd , the Court of Appeal held that the employer was not vicariously liable for an injury suffered in the workplace because of an employees practical joke. This decision is relevant to all...
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Blog
The Rise of Quiet Quitting
The phrase 'quiet quitting' has been trending on a range of social media sites, from Tik Tok to LinkedIn recently. There are different interpretations of what quiet quitting actually means. For some, it can mean doing the bare minimum level of...
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Blog
Long COVID: New, Misunderstood and a Possible Legal Risk for Employers
Whilst some health experts are predicting that the end of the COVID-19 pandemic is in sight, a lingering problem for employers has been the phenomenon of " long Covid ". In this article, we look at long Covid through the lens of disability...
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Blog
Right to Work Checks Altering on 1 October 2022
A survey of 501 decision-makers in large UK businesses (more than 1,000 employees) by Xydus suggests that half of those are unready for the upcoming changes to right to work checks. Perhaps worse, more than three-quarters were unaware employers...
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Newsletter
Employment Newsletter August 2022
As we emerge from the pandemic, both inclusivity in the workplace and new flexible ways of working have been hot topics. The rights of transgender employees and also those with menopausal symptoms are two issues that have regularly been in the...
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Blog
Industrial Action and Employees
Summer 2022 has seen a resurgence in trade union activity, and employees from a variety of sectors have voted in favour of or are taking in industrial action parts largely related to the cost-of-living crisis. Industrial action is any action taken...
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Blog
Engaging Temporary Staff During Strikes
This Summer, amidst rising inflation and a cost-of-living crisis, the UK has seen a resurgence in trade union activity as disputes between employers and employees over real-term pay cuts emerge across the UK. For example, members of the RMT took...
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Blog
The Role of HR in Preventing Cyber Incidents
HR policies and procedures should be audited and updated to ensure compliance on a regular basis. This will make sure that security protocols do not become outdated and that the business is properly protected. This might include a review of data...
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Blog
Changes to Employment Law: What’s Now Not on the Agenda
There has been a number of important employment law reforms promised over recent years, which would have had a significant impact on the Hospitality and Leisure industry. Many of these were expected to be implemented following the 2019 Queen’s...
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Blog
Is Your Business Considering a Four-Day Working Week?
The pandemic has brought unprecedented changes to the world of work. This has mostly resulted in changes to work locations, with homeworking or hybrid working becoming commonplace. However, some organisations are planning more radical changes and...
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Webinar
Myerson Top Ten Employment Law Updates You Must Know This April!
It is vital business owners and HR professionals are up to date with the latest Employment laws and HR developments. The Myerson Employment Team will bring you up to date with their Top Ten Employment Law Updates You Must Know for April! This free...
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Blog
Working With Covid: A Guide for Employers Part 2
On 21 February 2022, the Prime Minister gave a statement to the House of Commons setting out the government's strategy for living with COVID-19 in England. In our ' Working with COVID ' series, we will guide employers in England through issues...
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What Is Discrimination by Association and Perception?
It is unlawful to discriminate against someone on the basis of one of the nine protected characteristics listed in the Equality Act 2010. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race...
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Blog
Working With COVID: A Guide for Employers Part 1
On 21st February 2022, the Prime Minister gave a statement to the House of Commons setting out the government's strategy for living with COVID-19 in England . In our two-part 'Working with COVID' series, we will guide employers in England through...
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Blog
April Changes to Pay Rates: What Employers Need to Know
The start of April is the start of a new financial year for many companies, and with so much going on, it’s easy to miss the changes to rates of pay. We’ve therefore detailed a couple of the most relevant changes below. The minimum hourly rate that...
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Newsletter
Myerson Magazine Spring 2022 Issue
Our magazine covers a wide range of private client topics such as: Legal costs on divorce. Things to consider when buying a rural property. Trust registration services. Redundancy during pregnancy or maternity leave .
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Blog
Handling Bereavements in the Workplace
Sadly, we are all likely to be affected by a bereavement at some point in our lives. Everyone copes with that grief differently, and, for some, it can have a significant impact on their ability to work. ACAS has recently released new guidance on...
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Blog
What Rights Do Agricultural Workers Have?
It is estimated that approximately 1% of all employed individuals are employed in the agricultural sector and, often, these workers have different rights. The law surrounding employment terms and conditions for agricultural and horticultural...
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Blog
Compulsory Vaccination of Care Home Staff
Dismissal of employee who refused COVID-19 vaccine held to be fair In what is thought to be one of the first cases relating to mandatory vaccine policies, an Employment Tribunal has found that the dismissal of an employee following a refusal to be...
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Blog
Top Tips for Employers Within the Manufacturing Sector
Challenges within the manufacturing sector Off the back of the Covid-19 Pandemic and Brexit, the manufacturing sector is currently facing immense challenges, including recruitment and resource shortages. Manufacturing businesses rely on seamless...
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Newsletter
Employment Newsletter - Discrimination
Download your digital copy below. This newsletter covers a wide range of discrimination topics such as: Harassment in the workplace Top tips to avoid discriminating against carers in the workplace Workplace dress codes- are they discriminatory?
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Blog
National Minimum Wage: Trial Periods and Pre-employment Training
In August 2021, the Government reintroduced its ‘name and shame’ list of employers that failed to pay their employees the national minimum wage. The August list identified 191 employers that had collectively underpaid over 34,000 workers between...
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Redundancy Part 3: The Consultation Process
In parts one ( Redundancy Part 1: A Guide for Employers ) and two ( Redundancy Part 2: Pooling and Selection ) of this series, we have explored what qualifies as a redundancy situation, how an employer should prepare redundancy proposals and the...
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Webinar
Employers: Managing Long COVID in the Workplace
Long COVID Within the Workplace We have made a short video guide to discussing Long COVID and why it is important for you, as an employer, to understand how this may affect your business. Jack Latham , an Associate within our Employment Team, sets...
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Webinar
Flexible Working Requests - Top Tips For Employers
Tips For Employers on Dealing with Flexible Working Requests In the employment video guide, we will be providing you with our top tips for dealing with a flexible working request from an employee. Jack Latham , an Associate within our Employment...
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Blog
Redundancy Part 2: Pooling and Selection
This blog follows on from the first blog in our series of redundancy blogs which provided guidance for employers on the redundancy process. Pooling and selection of employees that are impacted by the redundancy situation Last week, in the first...
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Blog
‘All Tips to Go to Staff’ New Rules
Are you legally entitled to tips? It has long been a point of controversy that tips left by customers do not necessarily reach hospitality staff in full. 80% of UK tips are now left by card, and businesses can currently choose whether or not to...
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Newsletter
Myerson Magazine Winter 2021 Issue
Our magazine covers a wide range of private client topics such as the giving of a gift, pre-nuptial agreements, returning to the office post-COVID and buying a property at auction.
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Webinar
Myerson Solicitors Employment Law Autumn Update
Are you a business owner, director or HR professional? It is vital business owners and HR professionals are kept up to date with the latest Employment laws and HR developments. Preparing you to quickly respond to the HR and legal issues arising as...
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Blog
Redundancy Part 1: A Guide for Employers
Guidance for employers on the redundancy process The impact of the pandemic on the economy is still being felt and understood. Despite positive recent signs in the UK employment market, there remains high levels of pessimism and uncertainty over...
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Blog
Top 10 Tips on How to Deal With Flexible Working Requests
Dealing with flexible working requests In August 2021, an Employment Tribunal awarded a Claimant nearly £185,000 as compensation for indirect sex discrimination after the Claimant's flexible working request on her return from maternity leave was...
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Blog
Career-Long Losses Awarded in the Employment Tribunal
The EAT has upheld an ET’s decision to award career-long losses to an employee unable to work again due to treatment suffered by their employer. Background Mr Plaistow worked as a prison officer from 2003 until he was dismissed for gross misconduct...
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Blog
The End of Furlough: Guidance for Employers on Reorganisations and Redundancies
Can employers make employees redundant at the end of the furlough scheme? The clock on the government's furlough scheme is ticking. The scheme, which has been a crucial lifeline to millions of businesses up and down the country during the pandemic...
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Blog
Attracting Staff Into Hospitality Businesses
The shortfall of Workers in Hospitality There has been widespread publicity about the shortfall of workers in hospitality businesses. Many have left the industry after lengthy lockdowns and restrictions due to the pandemic. On top of that, many EU...
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Dress Code Discrimination in the Workplace
Is it discrimination to stop staff from wearing religious symbols and dress at work? The pandemic made most workplace dress codes redundant, as many staff swapped in-person meetings and business attire for video calls from the kitchen table in...
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Blog
How Are the Rules on Right to Work Checks Changing?
The UK's exit from the European Union and the impact of the pandemic over the last 12 months has subjected the normally quite static rules on right to work checks to significantly change. In this article, we summarise the changes so that employers...
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Blog
Top 10 Employment Law Tips for Employers in Hospitality and Leisure
Effects of the Pandemic on the Hospitality and Leisure Sector The Hospitality and Leisure sector has faced immense challenges in 2020 and 2021 because of the Covid pandemic. These challenges have been compounded with the implementation of Brexit...
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Blog
Top Tips for Employers on Casual Workers
Employers increasingly favour an agile and flexible workforce, using seasonal, casual or temporary workers to meet customer demand. Read our Top Tips for Employers to ensure legal compliance and avoid claims from casual workers. Casual Workers...
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Data Protection for HR Teams - Top 10 Tips
What HR Teams Should Consider Regarding Data Protection? Tip 1 A fundamental principle of data protection is transparency. Ensure that your business has in place appropriate Privacy Notices for employees, workers, contractors and job candidates...
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Protection for Manufacturing Employees Carrying Out Health and Safety Tasks
In Sinclair v Trackwork Ltd , the EAT held that an employee dismissed because of ‘upset and friction’ caused to colleagues by the way in which he implemented a new safety procedure, was automatically unfairly dismissed under S.100(1)(a) of the...
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Blog
Unfair Dismissal - Failure to Agree Contractual Changes
In the recent Employment Tribunal case of Khatun v Winn Solicitors Ltd, Ms Khatun was found to be unfairly dismissed following her refusal to accept contractual changes. The background Ms Khatun worked for Winn Solicitors (the Firm). Following a...
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Blog
Withholding Employee Allowance During Maternity Leave
Is it sex discrimination to withhold an allowance from an employee during their maternity leave? The laws around pregnancy, maternity leave and discrimination are complex and, if an employee’s maternity leave is not carefully managed, an employer...
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Newsletter
Myerson Magazine Summer 2021 Issue
Download your digital copy below. Features in this issue: The Cheshire Housing Market Boom. - pg.2 Have you divorced but not sorted out the finances? - pg.4 Can Deeds of Variation save tax? - pg.6 Restrictive Covenants and Confidential Information...
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Blog
Are men taking Shared Parental Leave entitled to the same pay as women on Adoption Leave?
Employees having a baby or adopting a child, and partners of those having a baby or adopting a child may be entitled to Shared Parental Leave and Statutory Shared Parental Pay. New parents can share up to 50 weeks of leave and up to 37 weeks of pay...
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Blog
Webinar Series: Getting the Best Out of Your People in These Remote Times
Clients tell us they find it increasingly challenging to keep their employees engaged in these difficult times. Therefore, we have teamed up with The Better People to bring you an online series of must-watch events, covering: How do you manage...
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Blog
Homeworking: A Guide for Employers
Flexible and Modern Methods of Working The pandemic has seen large sections of the UK economy embrace flexible and modern methods of working. As many offices around the country closed last March, millions of workers were sent home with their...
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News
Myerson Provides Free Employment Law and HR Templates to SME Businesses
We Are Thrilled to Announce the Launch of Our Free Employment Law and HR Portal To help businesses bounce back after COVID, we are providing 6 months’ free access to our Myerson HR Portal for all SME and owner-managed businesses. According to...
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Webinar
Webinar: How to manage your team remotely
Webinar - How to manage your team remotely, including having difficult discussions through a screen Myerson Solicitors partnered with The Better People to bring you a FREE online series of must-watch events. The pandemic has resulted in a fresh...
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Blog
TUPE Transfers: An Employment Contract Can Be Divided up Between Numerous Employers
The Employment Appeal Tribunal has clarified that, for TUPE transfers where services are outsourced or re-tendered, a full-time employment contract for one employer can be split into multiple part-time contracts with different employers...
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Blog
Webinar: Improving resilience in yourself and your team
Webinar - Improving resilience in yourself and your team Myerson Solicitors partnered with The Better People to bring you a series of four FREE online, must-watch events. The pandemic has resulted in a fresh set of challenges whilst working...
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Blog
Must National Minimum Wage Be Paid for Sleep-in Shifts?
Which Hours Attract NMW? The National Minimum Wage Regulations 2015 define ‘time work’ (time which must be paid at the NMW rates) as hours when a worker is ‘working’ or ‘available to work at or near a place of work’. The definition of ‘available...
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Employers to Be Aware of Statutory Pay Rises From April 2021
In April 2021, the following key statutory payment rates are set to increase: National Minimum Wage and National Living Wage From 1st April 2021, the National Minimum Wage and National Living Wage are set to increase. There will also be a change in...
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Employers Must Respect Workers' Concerns for Health and Safety
Employers Must Respect Workers' Concerns for Health and Safety From May 2021, legislation will extend to workers the protection already afforded to employees in cases where an employer meets out detrimental treatment on the grounds that the worker...
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Newsletter
Myerson Employment Newsletter Spring 2021
Download your digital copy below. This newsletter covers a wide range of topics such as: Claims for Underpayment of Wages National Minimum Wage Holiday Pay Equal Pay Pay Gap Reporting - Gender and Ethnicity Upcoming Events
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Blog
Webinar: Getting The Best Out Of Your People In These Remote Times
Webinar - How do you manage & motivate people working from home? Myerson Solicitors partnered with The Better People to bring you a FREE online series of must-watch events. The pandemic has resulted in a fresh set of challenges whilst working...
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Blog
Gender Pay Gap Reporting: March 2021 Update
Gender Pay Gap Reporting As a result of the continuing effects of the COVID-19 pandemic, the Equality and Human Rights Commission (EHRC) has suspended enforcement of the gender pay gap reporting deadlines for April 2020 snapshot statistics to 5th...
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Newsletter
Myerson Magazine Spring 2021 Issue
Download your digital copy below. This magazine covers a wide range of private client topics such as Lasting Powers of Attorney, Pre-nuptial Agreements, Professional Negligence Claims, Unpaid Salary and Bonuses and Challenging a Will.
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Blog
Uber Defeated: Landmark Decision by the Supreme Court on employment status in the gig economy
The decision of the Supreme Court The Supreme Court has ruled that Uber drivers are workers and not self-employed, granting them various worker rights, such as holiday pay and the national minimum wage. This was the final decision in the...
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Employers Encouraged to Refresh Equality Training
In the recent case of Allay (UK) Ltd v Gehlen, an Employment Appeal Tribunal held that diversity training was stale and ineffective, and therefore the employer , Allay, was unable to rely on the statutory defence that it had taken all...
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Webinar
Managing Employee’s Performance Webinar
Homeworking presents challenges to both employers and employees alike, promoting and supporting employees wellbeing is vital for employers to retain employee satisfaction. Why not re-watch the video below with Jack Latham, Solicitor in Myerson’s...
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Blog
National Minimum Wage Naming Scheme
Failure to pay the national minimum wage The start of 2021 saw 139 household names (including Tesco and Pizza Hut) face reputational damage and financial penalties for failing to pay the national minimum wage (NMW) to over 95,000 workers between...
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Blog
UPDATE: Furlough Scheme Extension to 30 April 2021
The Chancellor announced yesterday (17 December 2020) that the already extended Coronavirus Job Retention Scheme (CJRS) will be extended once again until 30 April 2021 . Previously, the level of the government’s contribution was to be reviewed in...
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Blog
Brexit Workforce Disruption
What is changing and what can employers do to prepare? The end of the Brexit transition period fast approaches on the 31st December 2020. It has been difficult for employers, amidst an ongoing pandemic and uncertain political negotiations, to plan...
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Blog
Deadlines For Furlough Claims
Furlough Claims Reaching Deadline Following the government’s further extension to the Coronavirus Job Retention Scheme, the deadline for claiming under the November claim period is nearly upon us and falls on 14 December 2020. The timescales for...
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Webinar
Annual Employment Autumn Update 2020
Our Annual Employment Update, hosted by the Myerson Employment team, took place 18 November 2020. Following the recent Employment law developments over the past 6 months, Joanne Evans, Joanne Henderson and Patrick Byrne, took us through topics...
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Further Furlough Scheme Extension to March 2021
As England entered a second period of lockdown on 5 November 2020, the Chancellor unexpectedly announced that the already extended Coronavirus Job Retention Scheme (CJRS) would continue to run beyond 2 December 2020, through to 31 March 2021. This...
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Blog
Job Support Scheme Postponed as Government Extends Furlough Scheme
With just hours to go until the end of the Coronavirus Job Retention Scheme (CJRS) on 31 October 2020, the government announced that it would be continuing the scheme until December as a new national lockdown looms. The Job Support Scheme, which...
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Blog
Changes to the Government’s Coronavirus Job Support Scheme
Job Support Scheme Postponed Please note that the Job Support Scheme, which was due to commence on 1 November 2020, was postponed as a result of the government’s decision to extend the Coronavirus Job Retention Scheme until December. Last week...
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Newsletter
Myerson Magazine Winter 2020
Download your digital copy below. This magazine covers a wide range of private client topics such as leaving employment with an exit package, Covid-19 child care arrangements, Caveats warnings & appearances, video witnessing a will signing and...
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Blog
Update: Job Support Scheme Expansion – the New Furlough Scheme
Job Support Scheme Postponed Please note that the Job Support Scheme, which was due to commence on 1 November 2020, was postponed as a result of the government’s decision to extend the Coronavirus Job Retention Scheme until December. On Friday 9 th...
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Newsletter
Employment Autumn Newsletter
In this edition of our employment newsletter, we answer some of the pressing questions that employers are pondering as the Coronavirus Job Retention Scheme is replaced by the Job Support Scheme. This Edition includes: • Financial support schemes...
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Blog
The Job Support Scheme: Further Government Financial Support for Employers
Job Support Scheme Postponed Please note that the Job Support Scheme, which was due to commence on 1 November 2020, was postponed as a result of the government’s decision to extend the Coronavirus Job Retention Scheme until December. On 24 th...
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Blog
Extending Furlough Pay?
The Coronavirus Job Retention Scheme (CJRS) is set to end on 31 October 2020 . Summary of Government Furlough Scheme Throughout recent months, employers with furloughed employees have seen the gradual tapering of government contributions: In...
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New Legislation to Combat Redundancy and Notice Pay “Loophole” and what is the Job Retention Bonus?
On 30 July 2020, the Government announced that it would be introducing new legislation intended to remove a “loophole” that allowed employers to pay employees’ redundancy and notice pay based on employees’ furlough wages. This legislation came into...
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CJRS Payments Limited To Statutory Notice Periods Only
Will CJRS payments to cover contractual notice periods? In our earlier blog, ' The Coronavirus Job Retention Scheme: Government Update' , we discussed whether or not employers can use the Coronavirus Job Retention Scheme (CJRS) in relation to the...
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Manchester Employment Tribunal Deems ‘Self-Employed’ Hairdresser an Employee
Meghan Gorman from Lancashire has brought a claim against the hairdressers, Terence Paul in Manchester. She joined the salon as a trainee in 2013 and worked there for six years until the salon closed in 2019. She had a contract which stated she was...
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Newsletter
Myerson Magazine Summer 2020 Issue
Download your digital copy below. This magazine covers a wide range of private client topics such as residential property, gifting and inheritance tax, your rights when starting a new job and separation. Features in this issue: Our Prestige...
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Coronavirus Job Retention Scheme And Flexible Furlough
An end date of 31 st October, employers being expected to contribute from August and a new “flexible furlough” option - the Coronavirus Job Retention Scheme is changing. On 12 th June 2020, HMRC released further guidance that explains in detail how...
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Updates to the Coronavirus Job Retention Scheme (CJRS) announced: the new deadlines employers must know
On 29 th May 2020, the Chancellor announced the changes to the Coronavirus Job Retention Scheme ( CJRS ) that will be implemented over the coming months and how the scheme will be phased out. The Government has issued a helpful fact sheet...
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HMRC issue second Treasury Direction for Coronavirus Job Retention Scheme (CJRS)
On 22 May, the Chancellor published a second Treasury Direction (dated 20 May) made under sections 71 and 76 of the Coronavirus Act 2020 (the Second Direction ), which will apply to claims made under the Coronavirus Job Retention Scheme (the CJRS...
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Government Guidance Published on Holiday Entitlement and Pay During COVID-19
The Government has published guidance on holiday entitlement and holiday pay during the COVID-19 pandemic which addresses both the position of workers who continue to work, and those who have been placed on furlough leave under the Coronavirus Job...
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Planning for the Return to the Workplace: An Employer’s Guide
The Government have confirmed their phased plan to ease lockdown measures in the coming months in their bid to actively encourage employers to return their workforce and make the first steps to restart the economy. On 11 May, the Government...
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Newsletter
Employment Newsletter - Spring 2020
In this edition, we consider the issue of employee wellbeing, particularly in the context of the current coronavirus pandemic. We also remind employers of other important employment law developments, which it might be easy to overlook given the...
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Coronavirus Job Retention Scheme: Government publish further update
The Coronavirus Job Retention Scheme (CJRS) successfully launched yesterday (on 20 th April 2020) with a reported 140,000 employers accessing the scheme system. At the same time, there are still uncertainties about how the scheme will operate. On...
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Coronavirus Job Retention Scheme extended to end of June
The Chancellor has today announced that the Coronavirus Job Retention Scheme (CJRS) will be extended to the end of June 2020, beyond the original end date of 31 st May 2020. The revised end date is reflective of the rapidly changing situation...
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Coronavirus Job Retention Scheme: the Treasury issue a Direction to HMRC as further updates are published
On 15 th April, the Government published further guidance on the Coronavirus Job Retention Scheme (CJRS) offering further clarity on who and what under the scheme are eligible. On the same date and under powers conferred by the Coronavirus Act...
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Coronavirus Job Retention Scheme: HMRC portal announced to be open from 20 April 2020 and further Government updates
HMRC Portal HMRC gave evidence to the Treasury Committee on 8 April and announced that the portal to claim under the Coronavirus Job Retention Scheme (CJRS) will become available on 20 April 2020. HMRC intends for employers to be able to use the...
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Guidance Published for Coronavirus Job Retention Scheme - 7th April 2020
Further guidance on the Coronavirus Job Retention Scheme (CJRS) was published by the Government on 4 April. This additional information offers clarity on some of the previously unanswered questions about the CJRS. We summarise the key updates...
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COVID-19 – permission to carry over untaken leave
The Working Time Regulations 1998 give all workers a basic entitlement to four weeks of annual leave in each leave year, as well as a further 1.6 weeks of additional leave, making a full time total minimum leave entitlement of 28 days’ leave...
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Can employees still go to work in light of COVID-19?
The Government has made several announcements now about working from home, businesses that must close and travel arrangements, leaving many feeling unsure of the current position. A number of businesses and venues have been ordered to close. These...
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COVID-19 Business Support Packages
We have created a complete guide for Business Support Packages resulting from the Coronavirus and the new government legislation being rolled out. The list will be continuously updated as and when new laws and support are announced to keep you...
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Coronavirus Job Retention Scheme: Government Update
The Government has published further information regarding the new Coronavirus Job Retention Scheme (CJRS) which provided much needed clarification as to how the scheme will operate and who it will apply to. We have set out below an overview of...
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Coronavirus Business Support: Placing Employees on Furlough Leave
As part of a range of support packages to aid businesses during the current COVID-19 pandemic, the Government are to introduce a new Coronavirus Job Retention Scheme (CJRS). The CJRS is aimed at reimbursing businesses part of the cost of its...
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Business Support For SMEs Following the COVID 19 Pandemic
The Government has put forward a series of proposals to assist businesses in relation to the ongoing COVID-19 outbreak. The Government reaction to the outbreak has been developing rapidly. The measures summarised below are designed to support small...
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Coronavirus: Accurate Guidance for Employers Amongst all the Noise
There is now a considerable volume of out-of-date, inaccurate and unhelpful information online about how to deal the Coronavirus situation. We have, therefore, been asked by The Advisory, Conciliation and Arbitration Service (ACAS) to direct...
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Off Payroll (IR35) Rules Deferred
The Government has announced that the Off-Payroll rules, due to come into force on 6 April 2020, have been delayed for 12 months. This is in response to the challenges caused by Covid-19. This is a welcome announcement. Our observations over the...
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Budget 2020 Insights - Charlotte Gilbert
Helping Hand for Employers in Combating Coronavirus Coronavirus has taken centre stage in today’s budget and rightly so. It has also not gone unnoticed that the current outbreak will have a big impact on employers and SMEs, in particular, which is...
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New Law To Give Bereaved Parents The Right To Paid Time Off
As the UK law currently stands, there is no automatic statutory right to paid time off for bereavement. However, the new law will allow parents who lose a child to two weeks’ paid bereavement leave. The Parental Bereavement (Leave and Pay) Act 2018...
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New Guidance To Help Prevent Harassment In The Workplace
Harassment can occur in many different forms and can include facial expressions, mimicry, pranks or graffiti. Victimisation can occur when a worker is treated badly because they have complained about harassment. Both are unlawful as a result of the...
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Learning Lessons From The BBC Losing An Equal Pay Claim
Samira Ahmed brought an equal pay claim against the BBC on the basis that her work on Newswatch (for which she was paid £440 per episode) was like, or of equal value, to Jeremy Vine’s work on Points of View (for which he was paid £3,000 per...
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Myerson Launches New HR Service To Meet Client Demand.
We are thrilled to announce the launch of Myerson HR , a comprehensive, fixed fee, retainer package providing HR and employment law advice and services. Having been inundated with requests from existing and new clients, we designed the package to...
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National Minimum Wage And Other Statutory Rates Set To Increase
The government has published proposed new statutory rates for 2020. The national minimum wage will rise on 1 April 2020. The national living wage rate, which is for workers over 25, will increase from £8.21 to £8.72 per hour. Meanwhile, other...
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“No beards” policy held to discriminate against Sikh work-seeker
In the recent case of Sethi v Elements Personnel Services Ltd , an Employment Tribunal held that a “no beards” policy indirectly discriminated against Mr Sethi on the grounds of his religion. Mr Sethi was a Sikh who adhered strictly to Kesh (which...
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Employment Tribunal Rules That TUPE Applies To Workers, Not Just Employees
An Employment Tribunal has decided that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies to “workers” as well as traditional “employees”. What is the difference between “employees” and “workers”? An employee...
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New Acas Guidance On Menopause In The Workplace
Acas has published new guidance for employers on how to manage the impact of the menopause at work. For employees experiencing symptoms, it can be a very stressful time and they might find that their ability to work is impaired. For employers, the...
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New Guidance Released On Use Of Confidentiality Agreements
New guidance for employers on using confidentiality agreements in discrimination cases The Equality and Human Rights Commission (EHRC) has released new guidance on the use of confidentiality agreements in discrimination cases. The use of...
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Newsletter
Employment Newsletter - IR35 Tax Changes
Many businesses rely on contractors and freelance workers as a source of readily-available and cost-effective labour, whilst contractors enjoy the freedom that comes with being their own boss. However, such arrangements could now be at risk due to...
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Government Changes Tune On Worker Rights And Whistleblower Protections
As Brexit continues to rumble on, the government has recently announced that it will not adopt new EU whistleblowing laws. Critics have said that the government’s refusal to adopt the new EU rules risks the rights and protections of UK...
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New Data Suggests Age Discrimination Is Rife In The UK
Despite people living and working for longer than ever before, new data reveals that age discrimination is worryingly prevalent in the UK. New analysis from Rest Less, drawing on data from the Office for National Statistics, shows that people aged...
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Employer Liability for Racist Graffiti – Discrimination in the Armed Forces
Two former British soldiers have won a high-profile race discrimination claim in the Employment Tribunal against the Ministry of Defence (MOD). Lance Corporal Nkululeko Zulu and Private Hani Gue claimed they suffered through a long-running campaign...
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EU Settlement Applications: How Employers Can Help Their Staff
In the last month, the Home Office has received the largest number of settlement applications to date from EU nationals living in the UK, amidst growing fears of a no-deal Brexit and for their future rights. The number of EU nationals applying to...
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Can an employer be liable for the social media activity of its staff?
In the age of social media, it is increasingly easy for the line between personal and professional life to become blurred. Where an employee makes an offensive post on an apparently private social media account, you would be forgiven for assuming...
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What if an employee hides their disability?
For most disability discrimination claims, an employee must show that the employer was aware of their disability. If an employer is dealing with an employee who withholds information about their medical condition, you would be forgiven for thinking...
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Is it misconduct if an employee secretly records a meeting?
In the age of the smartphone, it is easy for employees to covertly record video or audio at work. It is often assumed, wrongly, that because of the secretive nature of such recordings, they cannot be used as evidence against an employer. However...
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Landmark decision on restrictive covenants in employment contracts
The eagerly anticipated decision in Tillman v Egon Zehnder Limited has been published today (3 July). It is the first time in almost one hundred years that the Supreme Court has considered whether the scope of a post-termination restrictive...
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Shared Parental Leave – Are men entitled to the same pay as women on maternity leave?
If you’re having a baby or adopting a child, you and your partner may be able to get Shared Parental Leave and Statutory Shared Parental Pay. You can share up to 50 weeks of leave and up to 37 weeks of pay between you in the first year after your...
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Can Directors be liable for breach of an employee’s contract of employment?
Being a director of a company brings with it a high degree of responsibility and the risk of personal liability. The general principle is that a director will not be personally liable for inducing a breach of contract by their company, so long as...
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What is a Settlement Agreement? Everything You Need to Know
As an employee, being unhappy in your place of work can be an extremely stressful experience, that can affect just about every aspect of your life. While it is important to leave a job where you feel you are being mistreated, it’s also wrong to...
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Employment Dates in 2019
Whilst Brexit currently dominates the headlines, there are a number of other upcoming changes in 2019 that employers must be aware of. The new National Minimum Wage and National Living Wage rates will be: Workers aged 25 and over - £8.21 an hour...
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(Not so) positive action…
Section 159 of the Equality Act 2010 ‘Positive Action: recruitment and promotion’ entitles an employer with two or more equally qualified candidates to choose the candidate who possesses a protected characteristic if the intention is to ensure a...
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Gender pay gap reporting Year 2 deadline fast approaches!
The government introduced mandatory gender pay gap reporting on 31st March 2017 in a bid to highlight and reduce the longstanding gender pay gap. The first year of gender pay gap reports were due on or before 4 th April 2018 and the deadline for...
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Asda Shopworkers Score Victory in Equal Pay Battle
The Court of Appeal has ruled that lower paid women working in Asda’s supermarkets can compare themselves to higher paid men working in Asda’s distribution centres for the purposes of bringing equal pay claims. In a case that has been rumbling...
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Government Launches Consultation on Improving Maternity Rights
It is estimated that 54,000 women have suffered dismissal or discrimination due to pregnancy or maternity leave. The government has begun a 10-week consultation to investigate ways to combat these staggering figures. The law provides protection for...
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Significant Employment Law Reforms To Be Implemented
The government recently published its ‘Good Work Plan’, a document that sets out in detail its “vision for the future of the UK labour market”. In July 2017, the government commissioned a report by Matthew Taylor, Chief Executive of the Royal...
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The “no deal” Brexit: what does it mean for employers?
With a mere 101 days to go until the UK exits the EU, parliament is divided over the Withdrawal Agreement, Theresa May has been fighting off a vote of no confidence and there are growing noises for a second referendum. Amidst all this turbulence...
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Newsletter
Employment Newsletter - November 2018
Battling burnout: why employers must switch off the “always on” workplace Overworking is an overlooked problem that often contributes to a range of workplace issues, from low productivity and high staff turnover, to sickness absences and legal...
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Increase in Employment Tribunal Claims A Concern For Employers
New figures reveal a significant increase in the number of Employment Tribunal claims brought in the period of April to June 2018. The number of claims accept by the Employment Tribunal has been rising ever since Employment Tribunal fees were...
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Office Party: Employer Held Liable After Managing Director Punched Employee
An employer has been held liable for an employee’s serious brain injury, after its managing director punched the employee at an impromptu drinks session following the company Christmas party. In Bellman v Northampton Recruitment Ltd a company...
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Refusal to Bake a Cake was Not Discrimination
The Supreme Court has accepted an appeal by a bakery, previously held to have discriminated against a customer on the grounds of sexual orientation. The case of Lee v Ashers Baking Company Limited has received extensive media coverage as it...
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Has Your Organisation Registered with the Information Commissioner?
The Information Commissioner’s Office (ICO) has announced it will be taking enforcement action against 34 organisations that have failed to pay the new registration fees that came into effect on 25 May 2018. All organisations that process personal...
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New Law Gives Bereaved Parents the Right to Paid Leave
The Parental Bereavement (Leave and Pay) Act 2018 was recently given royal assent . The Act grants the right to a period of paid leave to parents following the death of their child. Currently there is only a limited right for the making of...
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Interview questions to avoid asking: ‘So where are you from… originally?’
Job interviews can be tricky for employers. Questions are often asked that seem harmless, but actually expose businesses to legal risk. Job applicants are protected from discrimination in respect of nine protected characteristics: age; disability...
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Religious Discrimination: The Right to Wear Religious Jewellery
In the long running case; Eweida and Ors v UK, the European Court of Human Rights (ECHR) held that the employee (Mrs Eweida) did suffer discrimination at work when her employer, British Airways, asked her to cover up her crucifix. Mrs Eweida, a...
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Sleeping on the job: entitlement to pay during ‘sleep-in’ shifts
The Court of Appeal has clarified that workers on ‘sleep-in’ shifts are only entitled to National Minimum Wage rates of hourly pay for the time they are awake performing duties. The ruling overturns decisions from the Employment Tribunal and...
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Employer discriminates despite no knowledge of disability connection
Yes, ruled the Court of Appeal in City of York Council v Grosset. It held that it was disability discrimination to dismiss a teacher for showing an 18-rated film to a class of vulnerable 15 to 16-year-old students. This was because the teacher, who...
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Can high heels, make-up and manicured nails be required at work?
There has been a lot of media attention over the last couple of years on the issue of dress codes at work, ranging from female receptionists being required to wear high heels, to a claim about a Muslim head scarf ban making it all the way to the...
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New laws on itemised payslips
The Order amends the Employment Rights Act 1996 to provide all workers with a right to an itemised payslip. This will alter the current position whereby only those classified as ‘employees’ are entitled to receive a payslip. Employers will also...
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When does notice of termination take effect?
This question was considered on appeal to the Supreme Court in Newcastle Upon Tyne Hospitals Foundation Trust v Haywood. Mrs Haywood was put at risk of redundancy following a reorganisation of the Trust. Both parties knew that if she was dismissed...
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