Well, in a typical legal response – Yes and No. Yes – if the employee has been employed for at least 2 years. No – if they are well within their first 2 years (remember the statutory extension of service when close to two years)….
Blog
27 Sep Are your workers, casuals or temps actually employees?
Essentially, someone who is unaware that they have become a legal employer, due normally to the informality of the arrangements. Good examples are people who hire people to provide services to them in their own homes. Whilst it is generally fairly well-understood now that if…
27 Sep What is a disability in law? Shaun Pinchbeck explores the basics for employers
Most employers are, I think, aware that they cannot discriminate against employees, customers or applicants for work on grounds of disability. But do you know how to recognise whether or not someone has a disability? There are some conditions which are automatically deemed to be…
26 Sep New law on bullying and preventing it at work: The basics for employers
There is currently no specific claim an employee can bring in the Employment Tribunal (ET) for being bullied at work as there is no legal definition of bullying. Instead, the basic options available to Claimants are to: New law on bullying in the workplace In…
24 Sep Is your organisation failing to make reasonable adjustments for job applicants?
The duty on employers to make reasonable adjustments for disabled employees, under the Equality Act 2010, applies to job applicants as well as employees. This obligation only applies where the employer: The case of AECOM Ltd v Mallon Mr Mallon had dyspraxia. He applied for…
11 Sep Labour plan to ban zero-hour contracts. This is what Employers need to know
Labour’s pledge in this area was that: Labour will end ‘one sided’ flexibility and ensure all jobs provide a baseline level of security and predictability, banning exploitative zero hours contracts and ensuring everyone has the right to have a contract that reflects the number of…
04 Sep Labour’s plan to ban Fire and Re-hire
The new Labour Government has committed to ending the practice of ‘fire and re-hire’ as a lawful means of changing employees’ contractual terms. This will involve providing a strengthened statutory code of practice to replace the one only recently brought into force by the previous…
03 Sep Day one Employment rights to claim unfair dismissal…really?
The new Government is proposing to change the law so that certain rights arise from the start of employment as opposed to needing a qualifying period of employment Shaun Pinchbeck pulls no punches in his views on the matter …and tennis! The 1st issue –…
03 Sep Positive Duty to Prevent Sexual Harassment – What Employers Need to Know
The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into effect on 26th October of this year and introduces: What do you need to know? It is important to remember that compensation for discrimination, including harassment, includes an element of…
03 Sep Employment lawyers are on the run! Fundraising for Shelter
As Lee, Alex and David lace up our running shoes for the Great North Run 2024, we are driven by the cause of supporting Shelter, a charity dedicated to providing housing and support for those in need. On the 8th of September 2024, we will…