Kostal UK Ltd v Dunkley and ors – Court of Appeal overturned decision of the Employment Appeal Tribunal

Morrish SolicitorsEmployment, Employment Law Blog, Site News

In our recent blog we look at the Kostal appeal case on Trade Union inducements. Kostal UK Ltd v Dunkley and ors Sadly the Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) in this case on unlawful inducements. S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) says that an employer must … Read More

Women & Equalities Committee is ‘disappointed but not surprised’ to hear examples of large employers putting pressure on employees who pursue allegations of discrimination or harassment in new report.

Morrish SolicitorsEmployment, Employment Law Blog, Site News

The Women & Equalities Committee (WEC) of the House of Commons has produced its report on The Use of Non-Disclosure Agreements in Discrimination Cases. Some strong words from the WEC: “We have been disappointed, but not surprised, to hear examples of large employers using the significant resources at their disposal to put considerable pressure on employees who pursue allegations of … Read More

Morrish Solicitors appoint a new Solicitor in the Employment team.

Morrish SolicitorsEmployment, Recruitment, Site News

We’re delighted to have appointed Nicola Williams as an Assistant Solicitor in the Employment department in February this year. Based in our ever expanding Leeds office, Nicola joins us from a reputable York law firm. Nicola attended Lancaster University and obtained a law degree in 2006.  She began her legal career in 2010 as a Paralegal in civil litigation and … Read More

Morrish Solicitors partner with Napo to offer members a dedicated service

Morrish SolicitorsEmployment, Injury & Medical Negligence, Site News, Site News, Site News, Trade Unions, Uncategorised

Morrish Solicitors is the new legal partner for Napo offering circa 8,000 members a bespoke legal service, including a dedicated helpdesk, offering support and advice on a variety of legal services. With offices across West Yorkshire, Morrish Solicitors is renowned for its partnerships with trade unions, working closely with the Transport Salaried Staffs’ association (TSSA) and Equity to name a … Read More

The Price of Justice

Morrish SolicitorsEmployment, Employment Law Blog, Site News, Site News, Site News, Trade Unions

It seems such a long time ago now that Claimants had to pay fees to bring their claims. It was 26 July 2017 that the fees regime was abolished as being unlawful.  We remember it well, here at Morrish Solicitors – the moment the email arrived confirming the Unison decision, our employment team erupted with a spontaneous cheer! The decision … Read More

Sleep in shifts – the pay debate

Morrish SolicitorsEmployment, Employment Law Blog, Site News, Trade Unions

After a satisfying hard day’s graft at work and having successfully completed another torturously packed train journey home, it is always a lovely feeling to be able to share the company of loved ones during an evening. We get to have a hot shower, put on some comfy pyjamas and enjoy some delicious dinner whilst binge-watching as many thrilling tv … Read More

Michael Parker v the Chief Constable of Essex Police 2018 EWCA 2788 Civ

Morrish SolicitorsEmployment, Site News

Whilst this case concerns the TV personality Michael Barrymore’s claim for damages against the police for his false imprisonment following his (unlawful, as the police admitted) arrest in 2007, it has relevance to employment law and specifically ‘Polkey’, an often misunderstood principle (and an often negative one for Claimants). Michael Parker, stage name Barrymore, claimed £2.4 million in damages (allegedly … Read More

How far to take an Uber?

Morrish SolicitorsEmployment, Site News

Uber’s latest attempt to avoid their drivers having ‘worker’ status and thus minimum protections for national minimum wage and paid holiday has failed yet again – but only just. On appeal to the Court of Appeal, after losing at ET and EAT levels, Uber has been defeated but only by a majority basis of two to one. So, has the … Read More

Holiday Rights

Morrish SolicitorsEmployment

We all love holidays.  I am personally about to go on a particularly long one.  I would be extremely annoyed if my employer said no – you’re not allowed to go, but not only that, come 1 January when my new holiday year starts, your entitlement is lost. It is a good job therefore that the European Court of Justice … Read More

Drivers win claim against Addison Lee

Morrish SolicitorsEmployment

We have been keeping an eye on the progress of employment status cases.  We advise many Trade Unions, Associations and clients in respect of these issues.  Employment status attracted huge amounts of publicity with the likes of Uber and other gig economy cases. This month judgment was handed down on the Addison Lee case. Addison Lee is a professional private … Read More

Employment Tribunal awards compensation to former Maplin workers

Morrish SolicitorsEmployment, Site News

An employment tribunal has awarded compensation to former Maplin workers who have established that the company failed in its statutory duty to consult with them about impending redundancies. The former Head Office workers pursued claims against the electronics retailer when they were made redundant without sufficient information being given to them in advance and without any adequate consultation process. 80 … Read More

Banter or harassment?

Morrish SolicitorsEmployment, Site News

Section 26 of the Equality Act 2010 states that a person (A), harasses another (B), if A engages in unwanted conduct related to a relevant protected characteristic (e.g. sex or race), and the conduct has the purpose or effect of violating B’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. In deciding whether the conduct … Read More

Bellman – more on vicarious liability

Morrish SolicitorsEmployment, Site News

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214 Following a recruitment agency’s Christmas party, to which all employees and their partners were invited, a number of the guests including Mr Major, the Managing Director (“MD”) of the agency, and Mr Bellman, an employee of the agency and the Claimant, continued their celebrations at a hotel bar where some of … Read More

New Partner promotion at Morrish Solicitors

Morrish SolicitorsEmployment, Site News

Leeds law firm Morrish Solicitors LLP has promoted employment Solicitor Daniel Kindell to Partner to mark his contribution to the business. Daniel joined Morrish Solicitors in 2005. Daniel has a wealth of experience and will continue to advise clients on a full range of employment issues. He specialises in complex employment litigation, including unfair dismissal, discrimination and contract claims as … Read More

Employment Tribunal claim pursued by ex-Poundworld employees

Morrish SolicitorsEmployment, Site News

Over 180 former employees of collapsed retailer Poundworld, are claiming compensation due to the failure to consult with staff prior to making mass redundancies earlier this year. The claims follow the collapse of Poundworld in June, which saw the loss of over 5,000 jobs across the UK. Almost 300 of those were based at their head office and distribution centre … Read More

Fairness: with knobs on

Morrish SolicitorsEmployment, Site News

There is a really interesting report this week of a decision by the Employment Appeal Tribunal that looks at a number of current issues about fairness both in general terms and procedurally, the approach of the ETs in making decisions about what is fair and the relevance of the right to be accompanied at a disciplinary/grievance hearing. Some useful guidance … Read More

TSSA and Morrish Solicitors win case of disability discrimination and victimisation against Network Rail

Morrish SolicitorsEmployment, Site News

TSSA and Morrish Solicitors have won a long-running case of disability discrimination and victimisation against Network Rail, which has resulted in the employer having to pay in excess of £32,000 in compensation. Natalie Brown was and remains employed as an information controller for Network Rail. At the time of these events between November 2016 and June 2017, she suffered from … Read More

Legal advice privilege – Disability Discrimination

Morrish SolicitorsEmployment, Site News

As a general rule advice passing between lawyer and client is “privileged” i.e. the client is not bound to disclose it in legal proceedings. An exception to that rule is “iniquity” e.g. when the advice is being used for fraudulent activity. In X v Y Ltd the EAT has looked at the iniquity exemption in the context of “how to … Read More

Dismissal and the Statutory Notice Period

Morrish SolicitorsEmployment, Site News

It is generally well known that a Claimant looking to bring a claim for unfair dismissal can add the statutory week’s notice period to their period of continuous employment, to get them ‘over the line’ in relation to the 2-year qualifying period. So: an employee with 1 year and 51 weeks’ service who is sacked by an employer who gives … Read More

Morrish Solicitors Shortlisted in the Yorkshire Legal Awards 2018

Morrish SolicitorsEmployment, Site News

Morrish Solicitors are delighted to announce, on Yorkshire Day, that we have been shortlisted in the Yorkshire Legal Awards 2018 for the Employment Law Award. This shortlisting identifies the performance of the firm as a whole and the innovative measures contributing to its success. The firm will be judged on the quality of legal services offered, both in terms of significant cases … Read More

Employment Update: Is it appealing to appeal?

Morrish SolicitorsEmployment, Site News

In the recent case of Patel v Folkestone Nursing Home Limited [2018] EWCA Civ 1689 the Court of Appeal have delved into the surprisingly complex and messy area concerning appeals against dismissal or disciplinary sanctions. The Claimant was a care assistant dismissed over two charges of misconduct. As is often the case, his written contract of employment identified that the … Read More

Employment Update: Hot potatoes and crystallised rights

Morrish SolicitorsEmployment, Site NewsLeave a Comment

Hot potatoes and crystallised rights. What are we talking about? You might think the June hot weather has really got to us this month but our ‘hot potato’ is illegally obtained information in the context of trade union activities and our ‘crystallised rights’ relate to comparators in equal pay claims. Morris v Metrolink RATP Dev (Court of Appeal) Mr Morris … Read More

EFWU celebrate a year with Morrish Solicitors

Morrish SolicitorsEmployment, Site NewsLeave a Comment

Equality for Workers Union (EFWU) is delighted to have been working with Morrish Solicitors over the past year, offering their members a free legal advice, a no win, no fee personal injury service, employment representation and discounted legal services. We believe that it is essential and important to offer a full legal service to the EFWU membership – in order … Read More

New dress code and sex discrimination guidance released

Morrish SolicitorsEmployment, Site NewsLeave a Comment

The Government Equalities Office has released new guidance for employers on workplace dress codes. This comes after recommendations from the Parliamentary Women and Equalities Select Committee and the Petitions Committee. Gender Specific Dress Codes The guidance also considers employees who wear religious symbols. It states that “employers should be flexible” when setting their dress codes so as not to prohibit … Read More

Slavery in the UK Report

Morrish SolicitorsEmployment, Site News

The Gangmasters and Labour Abuse Authority (GLAA) has published a new report (http://www.gla.gov.uk/whats-new/latest-press-releases/slavery-and-exploitation-laid-bare-in-new-glaa-report-5518/) updating their original 2016 report that looks at the risks, threats and general trends identified during 2017 and forward into 2018. Key findings include: Victims of exploitation are most commonly Vietnamese, Albanian and British with British victims increasing by 362%. Forced labour accounts for approximately 30% of … Read More

Director of Labour Market Enforcement announces measures to help tackle worker exploitation

Morrish SolicitorsEmployment, Site News

The Government’s Director of Labour Market Enforcement, David Metcalf (appointed in January 2017 to oversee the strategic priorities for the government’s three enforcement agencies, HMRC’s National Minimum Wage (NMW) enforcement team, the Gangmasters and Labour Abuse Authority (GLAA) and the Employment Agency Standards Inspectorate (EAS)) has made 37 recommendations. They include: Holiday pay enforcement: Evidence presented to the Director during … Read More

Sexual Harassment at Work – How to Start Fixing the Problem

Morrish SolicitorsEmployment, Site News

Last year, a BBC survey revealed that half of British women and a fifth of men have been sexually harassed at work. And with momentum generated by the #MeToo campaign, sexual harassment has been in the spotlight in recent months. The Equalities and Human Rights Commission has now published its new report, on 27 March 2018. The report shares evidence … Read More

Disability Employment Gap

Morrish SolicitorsEmployment, Site News

The gender pay gap has been hitting the headlines recently but what about the disability employment gap? Under the Equality Act 2010 a disability is defined as “a physical or mental impairment which has a substantial and long-term adverse effect on [one’s] ability to carry out normal day-to-day activities.” The disability employment gap is the difference between employment rates of … Read More