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

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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

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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

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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

Employment Tribunal statistics

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On 8 March 2018 the Ministry of Justice published the Provisional Tribunals and Gender Recognition Statistics for the quarterly period from October to December 2017. The statistics within this report are compared to the same quarter for the previous year. The report focuses on the three largest tribunals. The Employment Tribunal’s cases represent about a third of the total and … Read More

Congratulations to the British Grooms Association on industry recognition

Morrish SolicitorsEmployment, Site News, Trade UnionsLeave a Comment

We would like to congratulate our client, the British Grooms Association, on being crowned finalist of the prestigious Sir Colin Spedding Award 2018, at the 2018 National Equine Forum (NEF). The BGA was shortlisted for the award for its contribution to the equestrian industry and singlehandedly raising the awareness of the importance of legal and good employment practices in the equestrian industry. … Read More

Did snow cause problems at work?

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With the recent snowfall and subsequent workplace closures, many people may face deductions to their pay for non-attendance. The following is a general question and answer to provide some guidance on what you should do if you feel amounts have been unfairly deducted from your pay. The following is for general information only and is not a substitute for taking … Read More

Russell Hume employees have additional rights to be compensated

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Morrish Solicitors are offering assistance to ex-employees of Russell Hume as a result of the organisation’s announcement today that it had entered into administration. Derby-headquartered meat supplier Russell Hume operates from six production sites in Liverpool, Birmingham, London, Boroughbridge, Exeter and Fife and supplied meat to hotels, restaurants and pubs across the UK. Sadly, 266 staff have been made redundant … Read More

Carillion ‘ruined my life’- The secret blacklisting war with union activist

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The UK’s second-largest construction company, employing around 20,000 people in the UK, buckled under the weight of a whopping £1.5bn debt pile. Dave Smith, a successful Engineer who had the pick of engineering jobs throughout London, was employed by Carillion.  In 1998 he was driving a 4 x 4 vehicle but by 2000 he could not even get a job … Read More

The Fawcett Society proposals to improve sex discrimination protection and gender equality

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The Fawcett Society has published a useful ‘Sex Discrimination Law Review’, which examines whether sex discrimination law in the UK is actually fit for purpose. It remains to be seen whether the proposals are implemented. However, it does highlight that a large number of pregnant women and working mothers are made redundant or are pressured to leave their jobs each … Read More

Gender Pay Gap remains

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In April 2017 the introduction of new rules meant all private and voluntary sector employers in England, Wales and Scotland with 250 or more employees were required to publish figures about the differences in pay between men and women annually. So far 527 firms have submitted their figures. Ladbrokes, EasyJet and Virgin Money are among the major companies with gender … Read More

Redundancy support offered to Multiyork employees

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We are offering assistance to ex-employees of Multiyork as a result of the organisation’s announcement on 23 November that it had entered into administration. 112 redundancies were confirmed yesterday at its Thetford head office as the company begins a winding-down process. Multiyork, the furniture maker, which employed 547 people in 50 shops and manufactures upholstered furnishings in Thetford, Norfolk, is … Read More

Palmer and Harvey employees have additional rights

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Morrish Solicitors are offering assistance to ex-employees of Palmer and Harvey as a result of the organisation’s recent announcement that it has entered into administration. Palmer and Harvey, a major wholesaler in the UK, made 2,500 employees redundant with immediate effect when they called in the administrators yesterday. They are the UK’s fifth largest privately-owned firm, and delivered more than … Read More

Lizards, bats and workers’ rights

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This week’s House of Commons debate on the EU (Withdrawal) Bill illuminates the danger of the current government scrapping or watering down employment laws once we exit the EU. Post-exit, there will most likely be a degree of “cherry picking” of employment laws, with the government changing or scrapping many especially where doing so might be seen as “business-friendly” (TUPE … Read More

“The Uber hack” – 57 million accounts compromised?

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The $68bn company admitted this week that their systems had been hacked and personal information stolen, in October 2016, and that Uber had paid the hackers $100,000 to destroy the information and keep the breach quiet. The UK’s information commissioner’s office said, “Uber’s announcement about a concealed data breach last October raises huge concerns around its data protection policies and … Read More

Pregnancy and unfair redundancies

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A new report by Maternity Action identifies the real difficulties mothers face at work, including the impact of unfair redundancies on pregnant women and new mothers and also ways in which the Government can address it. View the report. David Sorensen, partner, says: “this is such a well-known problem and one that the report’s recommendations could fix; extending the protection … Read More

Employment Rights Update – October 2017

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With Brexit edging ever closer, we thought we’d sneak in some European Court of Justice decisions for this month, whilst they are still relevant! Both decisions relate to the protection afforded to women from unfavourable treatment. Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 In this case, the ECJ considered whether a height requirement imposed … Read More

Unite member compensated following unfair dismissal

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An employment tribunal has ruled in favour of Unite member, Alan McIver, in his claim for unfair dismissal. Alan was employed as an Access Bus Driver for Yorkshire Tiger Limited. The access service was intended to provide a means of public transport to those who were otherwise restricted by reason of ill health or other infirmity from gaining access to … Read More

Mental Health at Work

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Sadly, I deal with many workplace disability discrimination cases and a high proportion of those involve mental health issues. In my experience, employers find it much more difficult to understand and manage mental health issues in the workplace, in contrast to other disabilities. I therefore welcomed Theresa May’s announcement in January this year that an independent review was to be … Read More

“March of the Mummies” – a Halloween protest to help working mothers

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Today, mummies of the non-ancient Egyptian kind march across the UK to highlight the dreadful treatment of pregnant workers and working mothers. More information can be found here. David Sorensen, partner, says “this demonstration helps to highlight how bad things are for many working mothers with every year tens of thousands commonly suffering discrimination at work owing to pregnancy, maternity … Read More

Sexual harassment in the workplace

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Following on from the recent allegations made against Harvey Weinstein, just how common is sexual harassment in the workplace? Harassment related to a protected characteristic is unlawful under the Equality Act 2010. Sex is one of 9 protected characteristics. Sexual harassment occurs where a person engages in unwanted conduct of a sexual nature and that conduct has the purpose or … Read More

Misco UK employees have a right to justice

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We are offering assistance to ex-employees of Misco UK as a result of the organisation’s recent announcement that it has entered into administration. Misco UK, the computer reselling firm, made 300 employees redundant with immediate effect on the morning of 19 October across sites in Wellingborough, Weybridge and Greenock. We understand that despite a turnaround plan being in place to … Read More