Whether you have 5 or 5000 employees, a fundamental understanding of employment law is crucial. An overview of the key elements of employment law will help employers and managers deal with common day-to-day employment issues in a confident and professional manner. We will look at the core areas of employment law and provide you with the legal knowledge…
Our employment lawyers are experts in providing tailored, commercial employment law and HR advice. We pride ourselves in providing cost effective solutions to your employment law and HR needs.
Employment tribunal proceedings can be brought for various types of claims including unfair dismissal, breach of contract, holiday pay, discrimination and equal pay. They can be complex and time consuming. Our employment team has significant expertise in bringing and defending employment tribunal claims.
Our employment lawyers are experts in providing employment law and HR advice. We pride ourselves in providing clear, cost effective advice.
Conferences, seminars, in-house training, tailored sessions and training materials for HR professionals, directors, managers and supervisors.
From recruitment to dismissal, this seminar will help you understand the legal issues of discrimination and highlight potential dangers at each stage of the employment relationship. We will teach you how to identify different types of discrimination and the steps you can take to manage the legal risks of discrimination.
There has been a dramatic rise in claims since the removal of tribunal fees in 2017. It is important to understand how the tribunal process works to help you deal with an employment tribunal claim or to provide effective assistance to your solicitors in helping them successfully defend a claim.
When it comes to winning, bidding for (and losing!) service contracts, a good understanding of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) is essential. There is no ‘one size fits all’ approach so it’s important to understand how the different parts of TUPE can impact in practice. Whilst the basic principles of…
Getting recruitment right is critical to ensure you recruit the right people for the success of the business. It’s essential that any recruitment process is fair, consistent and complies with legal requirements including discrimination law. Whether recruitment is internal or external, there are many pitfalls for the unwary manager. Implementing a robust…
A healthy, functioning workforce is central to a productive business. Whether long-term or repeated short-term, sickness absences can be highly problematic for employers as they can easily turn into claims of unfair dismissal and disability discrimination if they are not handled correctly. A confident, competent and legally compliant response from…
From CCTV to tracking emails and internet usage, workplace monitoring can both safeguard employees and provide an employer with important data that can add real value to their business. However, monitoring must be handled carefully as employees are entitled to some privacy while they are at work. Those involved in monitoring, such as management, supervisors…
This seminar will explain what you need to do when you are faced with grievances and disciplinary matters to put yourself in the strongest position possible at a tribunal. We will explore the legal claims you might face and how to protect yourself with effective policies and procedures. This session is ideal for those involved with grievances and discipline,…
Employers need to know how they can attract talented senior employees to their business whilst at the same time ensuring that the contractual terms protect their business. Employers must also understand their employee’s dismissal rights and how they can safely dismiss senior employees in different situations.
This seminar will provide an up-to-date assessment of the legal considerations when restructuring or dealing with redundancies. Our experts will show you how best to navigate the legal pitfalls of a redundancy situation by using fair and objective selection criteria and carrying out early consultation.
Our experts will help you identify disabilities and better understand the types of discrimination that can occur. In a practical and engaging session, you will learn how an organisation’s policies and practices can inadvertently cause discrimination, how to handle absences, how to accommodate disabled employees in the workplace, as well as how to safely…
Employers with over 250 relevant employees are required to publish gender pay gap information. Organisations that meet the reporting criteria must be prepared for gender pay gap reporting with an understanding of what the gender pay gap is and how to report on it in compliance with legislation
This interactive workshop and discussion group will explore the legal and practical issues around sexual harassment and look at steps to promote an inclusive culture which fosters equality, with a view to protecting against future claims.
In this session, we will explore a range of issues that can arise when dealing with flexible working requests and provide tips on how best to approach such requests and how to better protect yourselves when facing potential claims.
In this session delegates will be guided through the key aspects of a fair redundancy process and dismissal. Through case studies, we will help delegates to understand best practice and provide practical tips to ensure a smooth redundancy process. We will also tackle some of the more difficult issues associated with redundancies.
This interactive and practical session discusses the challenges organisations face in implementing this new obligation and how to comply with the requirements of GDPR. The session will cover the key actions for employers regarding the collection, storage and use of personal and staff data and also considers the main practical impact of GDPR on day…
This interactive and practical session will provide delegates with an understanding of the legal and best practice requirements necessary to conduct an investigation and provides practical tips for the investigators.
In this session delegates will develop their knowledge of the protected characteristics and be guided through the legal and practical issues around discrimination and harassment. The course looks at which behaviours are prohibited by the Equality Act and provides practical guidance on how to promote an inclusive culture which fosters equality.
Our team bring with them a wealth of experience and can offer expert guidance on the varied legal demands faced by the faith sector.
Natalie joined the employment team as a newly qualified solicitor in September 2024 and works across Northampton and Milton Keynes.
Sobia advises clients on a wide range of employment law matters – both contentious and non-contentious – and adopts a clear, commercial and practical approach.She has acted for employers and employees within a range of sectors and has experience of handling employment tribunal claims, advising on day-to-day employment issues and drafting and negotiating…
James has experience dealing with a range of employment law issues which extend to both contentious and non-contentious work.
Hannah advises clients on all aspects of employment law, both contentious and non-contentious.Hannah has considerable experience of providing contentious and non-contentious employment law advice to a broad range of clients. She has particular expertise in tribunal litigation, including complex discrimination and whistleblowing claims.
Anna advises on a broad range of both contentious and non-contentious Employment and HR matters and her clients find her advice practical, helpful and clear.
Charmaine joined the Employment Team as an Associate in September 2024. Charmaine’s background includes working as a tax litigator for the Civil Service, where she handled VAT cases.
Hannah specialises in all aspects of Employment law and advises on both contentious and non contentious matters. Hannah has defended a range of Employment Tribunal claims including unfair dismissal and discrimination. Hannah regularly advises clients on non-contentious matters, such as contracts of employment. In addition, Hannah provides advice on…
Jonathan joined the employment team in March 2019. He provides clear, concise and practical advice on a range of employment issues. Jonathan has acted for nationwide charities and independent retailers, and has dealt with the variety of challenges posed in each situation.
Georgina has experience dealing with a wide range of employment law matters – both contentious and non-contentious.
Graham provides advice to clients in both the private and public sectors and has been recognised in the Legal 500 as being "very responsive", having "a deep knowledge of UK employment law" and providing "practical and creative advice".Graham is a regular speaker at a range of events and has a reputation for delivering fun and practical seminars and…
Alex advises on all types of tribunal dispute, with particular emphasis on those matters that are complex or multi-jurisdictional. Alex has a particular interest in restrictive covenant enforcement issues and defending claims of high value.
Nick has experience in all aspects of employment law including both contentious and non-contentious matters. Nick regularly advises employer clients in respect of all HR issues as well as assisting clients with all employment tribunal claims. Nick has a particular interest in employment status and matters which arise for employers in respect of this…
Laura is a Director in our employment law team based in our Norwich office.
Lilika joined the Employment Team as an Associate in September 2023 after having completed her training contract with Howes Percival
Daniel is a second year trainee solicitor based in the Norwich office, undertaking his third seat in the Employment team.
Nichola is an Associate in the Insolvency and Corporate Recovery (ICR) department.
Holly joined Howes Percival as a trainee solicitor, following the completion of the Legal Practice Course.
Matthew has a wealth of experience in all areas of employment law both litigation and advisory. Matthew provides commercial solutions for employers with particular experience of large scale TUPE transfers in both the private and public sectors; restructures; employment tribunal litigation and High Court injunctions.
Paula is Head of the Employment Law team at Howes Percival, having started work with Howes Percival in 1997.
Since joining Howes Percival in 2012, Leon has worked on an array of matters ranging from fraud litigation, contentious individual and corporate insolvency, debt recovery, contentious probate, general commercial litigation, property litigation, estates, commercial property, planning and employment for individual, business and government clients. Leon…
In this case, the claimant was on maternity leave when a redundancy exercise reduced the respondent’s team leader positions from 21 to 16, resulting in the claimant being made redundant. Following her dismissal, she brought claims of unfair dismissal and maternity discrimination.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
Howes Percival's Employment Team is delighted to announce the return of its Autumn Employment Law Update, with a series both in-person seminars and a virtual webinar.
On Friday 10 October 2024, the Government submitted the Employment Rights Bill to Parliament.
Howes Percival will be holding their popular National Employment Conference on Thursday 12 June 2025 at Whittlebury Hall, near Towcester, Northamptonshire.
The King’s Speech yesterday morning marked the State Opening of Parliament following Labour’s election victory earlier this month.
The 2024 edition of The Legal 500 - the authoritative guide to the UK's leading law firms - has just been published and we are proud to announce that our employment team has retained its status as a top tier law firm for employment services.
Spring is finally in the air – and, with it, so are a whole host of changes in employment law for employers to look out for! April is always a busy month in the employment law calendar, and this year will see changes to the flexible working regime, family friendly rights and calculating holiday entitlement and pay for irregular and part-year workers,…
The Ministry of Justice has launched a consultation proposing to introduce small fees of £55 in the Employment Tribunals and the Employment Appeal Tribunal.
The Government has announced this year’s annual increase to Employment Tribunal compensation limits and other statutory payments, including statutory redundancy pay. The increased rates will come into force on 6 April 2024, and will apply to any relevant events occurring on or after that date.
In this webinar, our Employment Law experts Hannah Ball and Anna Bithrey will discuss the recent changes to holiday entitlement and pay for irregular hours and part-year workers.
Big Changes to Family Friendly Rights from 6 April 2024: Right to Request Flexible Working from “Day One”; Extension of Redundancy Protection for those on Maternity, Adoption and Shared Parental Leave; and Introduction of Unpaid Carer’s Leave.
Following the employer duty to prevent sexual harassment coming into force on 26 October 2024, this session is intended as a timely opportunity for HR practitioners to learn more about their obligations ahead of the riskiest event of the year – the Christmas Party!
The Equality and Human Rights Commission (“EHRC”) has launched a consultation on its updated guidance on sexual harassment at work.
The Court of Appeal has delivered its Judgment rejecting in full the claimant’s application for permission to further appeal against the Employment Appeal Tribunal’s decision in the long-running case of Seyi Omooba v (1) Michael Garrett Associates Ltd (T/A Global Artists) (2) Leicester Theatre Trust Ltd.
The Police, Crime, Sentencing and Courts Act 2022 has shortened the timescales in which ex-offenders are legally required to declare certain criminal convictions to employers.
In the recent case of Ponticelli UK Ltd v Gallagher [2023], the Inner House of the Court of Session (Scotland’s equivalent of the Court of Appeal) ruled that an employee’s right to participate in a share incentive (“SIP”) plan arose “in connection with” their contract of employment for the purposes of the Transfer of Undertakings (Protection of Employment)…
Labour promised a whole host of changes to employment law in their manifesto and a “new deal for working people”. Now that Sir Keir Starmer has taken the reins as Prime Minister, employers and HR professionals are left wondering: what do these proposals actually mean?
The Government has published an updated code of practice on dismissal and re-engagement, otherwise known as “fire and rehire”; a controversial practice where an employer fires an employee and offers them a new contract of employment, often on less favourable terms.
The recent case of Fisher v London United Busways Limited involved the use of a gendered swearword in respect of a transgender employee, which the Employment Tribunal accepted would establish a case of gender reassignment discrimination.
In the recent case of AECOM Ltd v Mallon [2023], the Employment Appeal Tribunal has found that an employer was under a duty to make reasonable adjustments (and failed to fulfil that duty) when its requirement for job applicants to create an online profile and complete an online application form put an applicant with dyspraxia at a substantial disadvantage.
On 1 October 2024, the Employment (Allocation of Tips) Act 2023 and the statutory Code of Practice on Fair and Transparent Distribution of Tips will come into force.
In this case, the Claimant was a charity trustee who was elected to the position of President-Elect of the Respondent, the representative body for psychologists in the UK.
The Workers (Predictable Terms and Conditions) Act 2023 would have created a new statutory right for certain atypical workers – for example, those on zero-hours contracts – to request a predictable working pattern.
Do you employ ‘seasonal’ workers or workers on flexible, ever-changing hours? If so,The Government has recently released new guidance on changes to holiday pay for seasonal and irregular hours workers that you should probably get familiar with.
On 18 July 2024, a new Code of Practice on Dismissal and Re-engagement (commonly known as the practice of “Fire and Rehire”) came into force.
ACAS has updated its Code of Practice on Requests for Flexible Working. The new Code is currently in draft form pending parliamentary approval; however, if approved, it is expected to come into effect in April 2024.This ties in with upcoming changes to flexible working laws, which are dealt with in the new Code.
The Information Commissioner’s Office (“ICO”) has published new, detailed guidance which explains an employer’s data protection obligations when they are processing health data concerning their workers.
The Government has recently published new guidance on calculating holiday pay and entitlement, following changes to the law from 1 January 2024.
The draft Paternity Leave (Amendment) Regulations 2024 have been put before Parliament.
Many employers won’t be aware of an interesting quirk under the National Minimum Wage Act 1998, which could turn out to be a simple but expensive mistake.
The Government has now announced the new National Minimum Wage rates, set to take effect from 1 April 2025.
The House of Lords has recently revised the Worker Protection (Amendment of Equality Act 2010) Bill, which is currently in the final stages before receiving Royal Assent.
Howes Percival will be holding their popular National Employment Conference on Tuesday, 26 June 2018 at Whittlebury Hall, near Towcester, Northamptonshire.
Howes Percival will be holding their popular National Employment Conference on Tuesday, 26 June 2018 at Whittlebury Hall, near Towcester, Northamptonshire. The National Employment Conference is an all day event starting at 9:00am and ending at 4.00pm.
Employment law is always fast moving and provides traps for the unwary employer. Apart from expecting the usual raft of employment tribunal decisions that impact how employers manage their staff, the focus in 2019 will be on pay.
April is always a busy month in the employment law calendar and this year is no exception. There have been a number of key changes to legislation that you need to be aware of as well as several increases to payments.
We set out below the key employment law changes taking place in April 2019.
Howes Percival comments on key issues and upcoming legislation
On Saturday 25 July 2020 the UK Government announced (with less than 6 hours’ notice) that people arriving to the UK from Spain would be required to enter into a 14 day quarantine, a move which is expected to impact on 1.2 million Britons this August alone.
Howes Percival provides you with a statistical summary of Employment Law from 2023.To read more, click the link below.If you want more information or advice about Employment and HR Law, visit this page here.
Howes Percival provides you with a statistical summary of Employment Law from 2024.To download the summary, please click the link above.For more information or advice about Employment and HR Law, please click here.
Howes Percival provides you with a statistical summary of Employment Law from 2019. To read more, click the link below.
Howes Percival provides you with a statistical summary of Employment Law from 2020. To read more, click the link below.
Howes Percival provides you with a statistical summary of Employment Law from 2021. To read more, click the link below.
Howes Percival provides you with a statistical summary of Employment Law from 2022. To read more, click the link below.
2019 was a busy year for new employment legislation with minimum wage increases, more details in payslips, increased penalties for “aggravated” breaches of employment law to £20,000 and increased Vento awards. The #MeToo campaign also led to non-disclosure clauses / agreements being argued as unenforceable with professional bodies issuing strong cautions…
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update seminars are presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals.
Howes Percival's employment update webinar is presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal decisions in our case law quiz, we will be reviewing recent and potential changes in employment law, that will have practical implications for employers and HR professionals
Howes Percival's Employment Team are pleased to announce their autumn employment law update webinars.
Howes Percival's Employment Team are pleased to announce their autumn employment law update webinars.
Employment and HR law expert and partner at Howes Percival, Graham Irons gives some tips for employers on how to manage employment tribunal claims.
The Government has announced that the Employment Rights Bill is being introduced in Parliament later today (10 October 2024).
Howes Percival’s East Midlands Employment and HR team have been shortlisted for the ‘Human Resources: Firm (outside London) of the Year’ in the prestigious Legal 500 UK Awards 2020.
In Antuzis and others v DJ Houghton and others, the High Court found directors of the defendant company personally liable for breaches of the claimants’ employment contracts.
This newsflash looks at the key employment law changes taking place in April 2018.
We have again created an electronic version of our annual Employment Law Facts and Figures for 2018.
In Royal Mail Group Ltd v Efobi (2021) the Supreme Court has clarified how Employment Tribunals should approach the burden of proof in discrimination claims, confirming that claimants must discharge an initial burden of proof.
Howes Percival has been awarded with a bronze accreditation for supporting the ‘Norwich for Jobs’ programme.
Howes Percival provides you with a statistical summary of Employment Law from 2018. To read more, click the link below.
The 2017 edition of The Legal 500 - the authoritative guide to the UK's leading law firms - has just been published and we are proud to announce that our employment team has retained its status as a top tier law firm for employment services.
Howes Percival's Employment Team is pleased to announce their employment law update seminars for spring 2018.
Howes Percival's Employment Team are pleased to announce their autumn employment law update webinars.
Howes Percival's Employment team is pleased to announce their spring employment law update webinars.
Howes Percival's Employment team is pleased to announce their spring employment law update webinars.
Howes Percival's Employment team is pleased to announce their spring employment law update webinars.
The head of Howes Percival’s highly rated employment law team says a marked increase in new instructions in the last 12 months is the reason behind a further expansion in its Leicester office.
Howes Percival’s employment law team in East Anglia continues to grow from strength to strength with the arrival of Laura Brown, who has been appointed legal director. Laura joins the firm’s Norwich office from Birketts LLP.
2022 promises to be a very interesting year for employment law. Here we summarise some of the issues employers will need to be aware of over the next 12 months.
Howes Percival has expanded its Employment Law team in the MK/Northampton region, following an increase in new instructions over the last six months.
The recently decided European Court of Justice (ECJ) case, ISS Facility Services v Govaerts, could have significant implications for UK employers, specifically affecting the way the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are applied where a TUPE transfer involves multiple transferees.
Howes Percival has expanded its highly rated employment law team in response to an increase in instructions over the last year.
Family law partner, Justine Flack and employment law partner, Graham Irons consider the importance of taking pensions into account on divorce and the value of employer pension schemes.
Howes Percival's Employment Team is pleased to announce they will be holding the next in-person "HR Lunch and Learn" session on Wednesday 26 April 2023.
Howes Percival's Employment Team is pleased to announce they will be holding the next in-person “HR lunch and learn” session on Wednesday 14 June 2023, we would be delighted if you could join us.
Our series of free employment seminars will give employers and human resources professionals a useful overview of forthcoming changes to employment law and key decisions by employment tribunals.
Yesterday the Chancellor of the Exchequer delivered his Autumn Budget for 2017 and this newsflash sets out the key implications for employers and employees.
Yesterday Philip Hammond, the Chancellor of the Exchequer, delivered his Autumn Budget for 2018. The main implications for employers and employees are summarised below.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar.
This newsflash looks at the key employment law changes taking place in April 2017.
Employment status has become a hot topic in recent months, with a number of high profile cases grabbing the headlines. Graham Irons from Howes Percival, explores the recent Uber and Citysprint cases, which determined that “self employed” contractors were actually workers and the impact that this could have on the growing gig economy in the UK.Why does…
Howes Percival has appointed employment law specialist, Caroline Illing as an associate. Caroline joins the firm’s Norwich office from Marshall Motor Group.Caroline has a supportive and pragmatic approach to employment related problems and has extensive experience in supporting clients on day-to day employment matters, as well as providing…
2020 has been an extremely busy year for employment law, with the impact of the Covid-19 pandemic placing both employers and employees in uncharted territory. This year saw many employers needing to get to grips with the new concept of ‘furloughing’, keep up to date with ever-changing Government guidance and adapt to homeworking (a change likely to…
The government has published its much anticipated ‘Good Work Plan’ in response to the recommendations made in the Taylor Review, published in July 2017, which outlined 7 core principles aimed to achieve ‘fair and decent work with realistic scope for development and fulfilment’ for all UK workers.
Howes Percival's Employment Team is pleased to announce their spring employment law update with both in-person seminars and a virtual webinar, in conjunction with CIPD Northants.The Howes Percival's employment update webinar is presented in a jargon free way, with plenty of opportunities to ask questions. Aside from looking at key Tribunal…
Howes Percival provides you with a statistical summary of Employment Law from 2017.To read more, click the link below.
With effect from April 2020, changes to employment Legislation mean that employers must issue not just employees but all workers with a new style of statement, setting out the key terms of their employment. This statement must be provided from day 1 of employment. Matthew Potter, Partner, at Howes Percival takes us through the proposed changes.
The Court of Appeal upheld a claim for discrimination arising from a disability even though the employer was not aware that the disability caused the employee’s gross misconduct when dismissing.
In the next webinar of the series, Employment Partner, Matthew Potter will take us through a whistle stop tour of the tricky issue relating to employment status.
The EAT in Awan v ICTS has held that there was an implied term in an employment contract requiring the employer not to dismiss the employee by reason of ill-health capability if that would result in the employee no longer being entitled to long-term disability benefits.
The Employment Appeal Tribunal in Brooknight Guarding Limited v Matei has held that a security guard on a zero hours contract was an agency worker under the Agency Worker Regulations 2010, and was not a permanent employee.
Statistics released for employment tribunal claims for the period April to June 2018 show significant increases in the number of claims being brought.
The Court of Appeal of Northern Ireland has confirmed in the case of Chief Constable of the Police Service of Northern Ireland v Agnew (and others) that a series of deductions will not necessarily be broken where there is a gap of 3 months between deductions.
The Employment Appeal Tribunal has held that an employee, dismissed during her probationary period for poor performance, was not discriminated against because her employer was only made aware of her disability following the dismissal (Stott v Ralli Ltd).FactsMs Stott worked for Ralli Ltd and was dismissed for poor performance during her probationary…
The Women and Equalities Committee (a Parliamentary select committee) has published the results of its six month long inquiry into sexual harassment in the workplace, and has set out a number of recommendations which it is calling on the Government to implement.
The Presidents of the Employment Tribunals in England & Wales and Scotland have announced an increase to the “Vento Bands” – the guidelines used by Employment Tribunals in assessing awards for injury to feelings in discrimination claims.
The Government has now published its much anticipated document outlining its main proposals for Brexit and setting out a “comprehensive vision” for the UK’s relationship with the EU, including the way in which existing employment laws will be dealt with.
Employers are facing a challenging time at the moment in recruitment with a UK-wide labour shortage. If you are lucky enough to find some good candidates it’s important to ensure that your recruitment process does not fall foul of employment law. This article provides some top tips to help you get it right.
The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018, which requires payslips to state the number of hours being paid for time-paid workers, was laid before Parliament yesterday.
In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust, the Employment Appeal Tribunal has held that the dismissal of a nurse was unfair where the selection criteria put her in a selection pool of one and no consultation took place before deciding on the selection pool.
The Employment Rights (Increase of Limits) Order 2019 will increase the compensation and weekly pay limits that are payable from 6 April 2019.
In the case of Hare Wines Limited v Kaur, the Court of Appeal upheld a decision of the Employment Appeal Tribunal (EAT) that dismissal of an employee immediately before a TUPE transfer was automatically unfair because the principal reason was the transfer and not ‘personal’ reasons relevant to the employee’s circumstances as argued by the employer.
In Okwu v Rise Community Action the EAT has emphasised the importance of employment tribunals considering whether an employee reasonably believes their protected disclosure was made in the public interest, when determining whistleblowing claims.
HMRC has recently published revisions to its Employment Status Manual, which includes guidance to off-payroll working legislation. The revisions are made in anticipation of the significant reforms coming into force on 6 April 2021.
The Presidents of the Employment Tribunals in England & Wales and Scotland have recently issued guidance increasing these for claims presented on or after 6 April 2022.
The Protection from Redundancy (Pregnancy and Family Leave) Bill received Royal Assent on 24 May 2023 and will come into force next month, on 24 July 2023.
This year marks 40 years since the introduction of the Early May Bank Holiday, which is celebrated on the first Monday of May. Leading regional law firm Howes Percival is using the anniversary to remind employers of the law surrounding bank holidays.
The EAT in East Kent Hospitals University NHS Foundation Trust v Levy has held that a tribunal was entitled to find that an employee’s letter to her employer giving ‘one month’s notice’ was not a letter of resignation.
In Barclays Bank plc v Various Claimants the Supreme Court has confirmed that an employer will not be vicariously liable for the actions of genuinely self-employed contractors it has engaged.
In the case of Gray v Mulberry Company (Design) Ltd, the EAT have found that the employee’s belief in protecting ownership of her artistic creations was not a protected belief.
The High Court in Brown & Anor v Neon Management Ltd & Anor has ruled that employees working a notice period of six months or more could result in them affirming the contract and waiving the employer’s repudiatory breach, although in this case the claimants had not done so as the employer committed further breaches in their notice periods.
Howes Percival outlines questions employers should never ask during the recruitment process.
Uprated “Vento Bands” for injury to feelings compensation in discrimination cases have been published.
An amendment has been made to the Working Time Regulations allowing workers to carry over some of their statutory annual leave entitlement into the next two years, where it is not reasonably practicable for them to take holiday due to coronavirus.
The government are proposing a widening of the ban on exclusivity clauses in workers’ contracts.
In the Spanish case of Colino Sigüenza v Ayuntamiento de Valladolid and others the Court of Justice of the European Union (CJEU) has held that a gap of 5 months in the operation of an entity does not preclude a TUPE transfer.
The EAT in Wood v Durham County Council has confirmed a ‘tendency to steal’ is not an impairment and therefore does not satisfy the definition of disability for the purposes of the Equality Act 2010.
The Government is introducing the right to parental bereavement leave and pay and the new rights are expected to come into force on 6 April 2020.
Yesterday the government published guidance on maintaining educational provision for key workers who are critical to the COVID-19 response and for their children who cannot be safely cared for at home.
Anticipation is already reaching fever pitch with the 2018 FIFA World Cup due to kick off on 14 June in Russia, and England’s first game (against Tunisia) being played on 18 June.
The EAT in Evans v Xactly Corporation Limited has upheld the decision of the tribunal in finding that calling an employee a “fat ginger pikey” did not amount to harassment.
In Ibrahim v HCA International Limited (‘HCA’) the EAT has confirmed that an allegation of defamation can give rise to a whistleblowing claim.
Acas have recently released fresh guidance to help employers and workers understand what Non-Disclosure Agreements are and how to prevent their misuse.
After four long years of waiting, the FIFA World Cup is finally here! Many employers will have historically experienced cases of staff unexpectedly being struck down with a mystery illness during or following a big sporting event. But it is well worth starting to think about all the potential issues and putting a preventative plan in place to help…
Howes Percival has once again won the award for the Professional Services category at the prestigious Milton Keynes Business Achievement Awards 2023.
Following yesterday morning’s press release, the Government has now published its full response to the Taylor Review and launched four consultations on employment status, increasing transparency in the labour market, agency workers, and enforcement of employment rights.
In Asda Stores v Brierley and ors, the Court of Appeal have dismissed an appeal from Asda that sought to challenge the rulings of the Employment Tribunal and Employment Appeal Tribunal allowing Asda store employees to compare their role with higher paid warehouse staff for the purposes of their claim for equal pay.
Leading regional law firm, Howes Percival has expanded its Cambridge office with the two new appointments. Matthew Darmon has joined the commercial property team, Jonathan Mumby has been appointed to the employment law team.
In Forbes v LHR Airport Limited the EAT considered whether a discriminatory Facebook post was made by an employee “in the course of their employment”. If so, the employer could be liable for it.
Howes Percival enjoyed a fantastic evening at the Cambridgeshire Law Society Legal Excellence Awards, where they celebrated a hat-trick winning ‘Employment Team of the Year’, ‘Dispute Resolution Team of the Year’ and ‘Senior Lawyer of the Year’.
Caroline Illing, associate in the employment team at Howes Percival, explains the legality of using the Coronavirus Job Retention Scheme to cover the cost of redundancy notice periods.
Howes Percival is urging companies to consider the risks of adopting a blanket ‘no jab, no job’ employment policy.
In Base Childrenswear v Otshudi, the EAT has upheld a Tribunal decision to award compensation of £16,000 for a one-off act of race discrimination. The case also suggests employers are obliged to deal with post-employment grievances, in accordance with the ACAS Code on Disciplinary and Grievance procedures.
In Ferguson and ors v Astrea Asset Management Ltd, the EAT has confirmed that variations to an employment contract are void if the sole or principal reason for the variation is a TUPE transfer, even where the variations are beneficial to the transferring employee.
The Government has recently announced that it is consulting on proposed reforms to non-compete restrictive covenants used in employment contracts.
The Government has announced several employment law changes, to be brought in as part of a series of regulatory reforms intended to boost economic growth and cut costs for businesses across the UK. These are set out in the ‘Smarter Regulation to Grow the Economy’ paper and are being driven in light of the UK’s departure from the EU
The Norwich Employment Tribunal has found that ethical veganism is a philosophical belief capable of protection under the Equality Act 2010. As such, ethical vegans are now likely to be protected against discrimination because of their belief.
Employees are set to have more rights in respect of flexible working requests, as the Employment Relations (Flexible Working) Act 2023 has received Royal Assent on 20 July 2023.
The Employment Rights (Increase of Limits) Order 2018 will increase the compensation and weekly pay limits that are payable from 6 April 2018.
The Court of Appeal has given judgment in Smith v Pimlico Plumbers, the second significant judgment between the parties with implications for UK employment law.
The EAT has ruled in Lafferty v Nuffield Health that an employer can fairly dismiss an employee who has been charged with, but not yet convicted of a criminal offence. On the facts the continued employment of the employee posed enough of a risk to the employer’s reputation to make the dismissal fair.
Employment law expert, Alex Payton discusses some key considerations for directors, business owners and HR professionals in relation to Statutory Sick Pay (SSP) and company sick pay in light of COVID-19.
Employment expert, Nick Benton, partner at Howes Percival, comments on the importance of having effective anti-harassment training in the workplace, to give employers the option of the reasonable steps defence if faced with a harassment claim.
In a recent decision (Kubilius v Kent Foods Ltd), the Employment Tribunal found that Kent Foods’ dismissal of Mr Kubilius, for refusing to wear a face mask while attending one of its client’s sites, was fair.
The UK Government announced a plan to avoid mass redundancies through the impact of the Covid-19 pandemic by offering to cover 80% of workers’ wages for four months starting retrospectively from 1 March 2020, known as the Coronavirus Job Retention Scheme (“Scheme”).
The Government has this morning published its proposals for implementing aspects of the Taylor Review.
Leading regional law firm, Howes Percival has announced 31 senior promotions, including five new partners, Jennifer Laskey, Alexandra Hornsby, Nick Benton, Tom Redman and Jamie Childs.
Whether it’s a beer-fuelled plan after a night drinking with friends, or a carefully considered new business venture, many of us have thought about buying the local village pub. However, taking over and running a licensed premises comes with a unique set of considerations, and so we have put together our quick top 5 guide of things to think about before…
The Supreme Court has overturned the previous decisions of the Court of Appeal and High Court, finding that Morrisons supermarket were not vicariously liable for the unauthorised uploading of payroll data to the internet by an employee who used his own personal equipment at home on his day off.
The Supreme Court has delivered its judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home). The case considered whether two “sleep-in” care workers were entitled to National Minimum Wage (“NMW”) during all shift hours including those spent sleeping at or near their place of work.
The Supreme Court’s recent judgment in the case of The Harpur Trust v Brazel will have substantial implications for many sectors who regularly engage permanent part-year or casual workers.
Many businesses rely upon ‘part-year workers’ or casual workers in order to meet seasonal or market demands. The recent additional pressure placed on the care sector as a result of both the pandemic and the concurring staffing issues, may have resulted in a number of care sector operators relying on casual workers to cover any staff shortages they…
Do I have to pay employees unable to get to work because of bad weather conditions?
In ICTS (UK) Limited v Visram, the EAT has upheld a Tribunal’s decision to award compensation for loss of a long term disability benefit (‘LTDB’) on the basis it would continue until the Claimant’s death or retirement.
In the case of Tillman v Eghon Zehnder Ltd, the Supreme Court has confirmed that words can be deleted from a restrictive covenant in order to make an otherwise void restriction enforceable.
Howes Percival celebrated the fourth anniversary of the opening of its Cambridge office, with a party at Downing College. Over 100 clients and contacts joined partners and staff to mark the occasion with an evening of drinks, canapes and music.
The Coronavirus Act 2020 has now come into force which introduces a number of immediate emergency measures in response to the current Covid-19 pandemic.
From today, 1 December 2020, the Acas Early Conciliation process is changing. The standard period for Acas Early Conciliation will become 6 weeks in all cases. Previously, parties had an initial 4 weeks which could be extended with consent for a further 2 weeks.
The Government has also confirmed there is no statutory entitlement to time off for the additional bank holiday to commemorate Queen Elizabeth II's state funeral, sparking controversy on social media and causing confusion amongst both employers and employees alike as to what employees are actually entitled to in respect of bank holidays.
Employees who continued to work and who did not take industrial action despite the introduction of a pay freeze were not deemed to have accepted the pay freeze as a variation to their contracts, the Court of Appeal has held.
The Supreme Court has confirmed that the notice period for a redundant employee began on the date the employee had a reasonable opportunity to read the written notice of termination.
A sell-out workshop on emotional resilience, organised by leading regional law firm, Howes Percival is expected to raise over £900 for the Milton Keynes Community Foundation, which will be given to local charities and projects dealing with health and emotional wellbeing issues.
Leading regional law firm, Howes Percival has announced 14 senior promotions, including three new partners as it prepares for further growth.
Howes Percival is embarking on a recruitment drive that should create over 30 new jobs following a post-pandemic increase in client instructions.
The Government has published guidance covering how holiday entitlement and pay operate during the coronavirus pandemic, including for those who continue to work and who have been furloughed in accordance with the Coronavirus Job Retention Scheme (CJRS).
Although we do now have some light at the end of the tunnel following the Government’s announcement on 22 February of the staged roadmap for easing coronavirus lockdown, many employees are already living with the day to day fatigue of poor mental health.
Howes Percival has advised The Pocket PubCo Limited on its acquisition of Saxmundham-based pub, The Poacher’s Pocket.
Following consultation, the government has announced that from 15 March 2022, the requirement for mandatory vaccination for all frontline health and social care workers and volunteers in England will no longer apply.
The office Christmas party can be a great way to boost morale and build relationships with co-workers. However, with employees ‘letting their hair down’ and getting into the festive spirit fuelled with the availability of free alcohol, employers may be left feeling anxious about the fallout from the end of year celebrations.
No deals are the same but there are common issues that often appear during Corporate transactions. The good news is that businesses can do something about these issues at an early stage to avoid loss of a sale or investment or a reduction in value.
From 26 October 2024, a change in the law will place a new positive duty on employers to prevent sexual harassment in the workplace.
In Royal Mencap Society v Tomlinson-Blake, the EAT has determined that an employee who was required to carry out a sleep-in shift to provide support and care to vulnerable adults in their own property was entitled to national minimum wage for the full duration of the night shift.
This newsflash takes a look at some of the key changes for employers in 2018.
Acas has published its latest guidance on how discrimination on the grounds of a person’s religion or belief can be prevented. The guidance is of particular significance to recruiters, as it covers the prevention of discrimination in respect of job advertisements, job specifications and interviewing amongst other areas.
Care home providers will be breathing a sigh of relief as the Court of Appeal in Mencap v Tomlinson-Blake has today held that carers who sleep at a client’s home and are technically “on call”, are not entitled to the minimum wage whilst they are asleep.
In the recent directors disqualification case of Secretary of State for Business Energy and Industrial Strategy v Rajinder Singh Bains [unreported], the defendant raised a preliminary issue on the new three year limitation period introduced on 1 October 2015. Mark Baldwin of our Insolvency Service Team reviews the decision.
The Equality Act 2010 protects against the unfair treatment of individuals on the basis of their age, however, age discrimination remains one of the most common forms of unfair treatment in the workplace. ACAS has published new guidance on age discrimination to help employers, managers and HR professionals to deal with age discrimination at work.
The Court of Appeal’s recent decision in the combined cases of Ali v Capita Customer Management Ltd and Chief Constable of Leicestershire Police v Hextall brings welcome news for employers.
The government has announced that the extension of IR35 to medium and large companies in the private sector is being postponed by a year, to 6 April 2021.
During this period of social distancing, there can be concerns over what rights you might have to exclude customers and staff if you are operating premises where employees and members of the public will be mixing, such as shops, bars and restaurants.
Further to the Chancellor’s announcement on 29 May 2020, the guidance to the Coronavirus Job Retention Scheme (the “Scheme”) has been updated to reflect changes coming into effect
Howes Percival has acted for Bossick Enterprises Ltd and Bossick Hotels Ltd in relation to the acquisition of The George Hotel in Easingwold, North Yorkshire, which is a 18th century coaching inn, which has 15 bedrooms, a bar and an AA rosette restaurant and courtyard.
Following a series of requests to HMRC to clarify the position on notice periods the government guidance on the Coronavirus Job Retention Scheme (CJRS) has once again been updated.
The Government have introduced the Coronavirus, Calculation of a Week’s pay Regulations 2020 effective from the 31st July 2020. It ensures furloughed employees receive statutory redundancy pay and statutory notice pay based on their normal pay if they were working, rather than a reduced furlough rate.
The Chancellor announced a new Job Support Scheme (“JSS”), which is to run from November 2020 for 6 months and replace the current Coronavirus Job Retention Scheme, which ends on 31 October 2020.
The Chancellor announced the Job Retention Bonus (“JRB”) as part of his ‘Plan for Jobs’ in July 2020. The JRB is a one-off taxable payment of £1,000 to employers, for each eligible employee who was claimed for under the Coronavirus Job Retention Scheme (“CJRS”) and who remains continuously employed through to 31 January 2021, subject to conditions.
On 9 October 2020, Rishi Sunak announced an extended Job Support Scheme (“JSS”) for businesses, which are required to close due to local or national restrictions. The assistance will be in the form of grants to help pay the wages of staff who cannot work due to restrictions.
On 22 October 2020, Rishi Sunak announced an increase in government contributions for the Job Support Scheme, the successor to the Coronavirus Job Retention Scheme (“CJRS”).
Following the Prime Minister’s announcement on 31 October 2020, the Coronavirus Job Retention Scheme (“CJRS”), which was due to end, is being extended until December 2020 and the cost to employers will reduce compared to October 2020. The Job Support Scheme will be postponed until the CJRS scheme ends.
Howes Percival have acted on the sale of Northamptonshire based business Signature Ribbon Company Limited to Cole Fabrics Plc.
Howes Percival has acted for Dutch-owned aggregates business, Agar Dry Mortar, on its acquisition of the J Clubb group of companies - leading suppliers of concrete, aggregates, and other construction materials to customers across the South East.
On 12 July 2021, the Prime Minister announced that from Monday 19 July the Government instruction to ‘work from home where you can’ will be lifted.
With a variety of organisations (including Waterstones, Tesco, Sainsbury’s and TFL) now announcing that they will require face coverings following ‘Freedom day’, employers should review their internal policies and consider whether they will require employees and any visitors to wear face coverings.
From 11 November 2021, care home workers in a CQC-registered care home in England (for nursing or personal care) are required to have a “complete course” of a COVID-19 vaccine (currently two doses), unless they have a medical exemption.
Howes Percival has advised on the sale of Corby based foam conversion business Technical Foam Services to the Vita Group.
The 2022 edition of The Legal 500 – the authoritative guide to the UK’s leading law firms – has recommended Howes Percival for 21 different practice areas and awarded the firm top tier ranking in 11 different legal specialisms.
