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

Gender pay gap…a step in the right direction

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Globally, on average, women are paid just over half as much as men. In Iceland, at present, they earn almost 30% less, despite this, Iceland is ranked one of the best places in the world for gender equality. Following on from protests in Iceland which saw female workers leave work at 2.38pm (30% earlier than their male counterparts), the Government … Read More

The Real Deal – Employees’ Pay

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In real terms, pay is dropping. A recent report from the Institute for Fiscal Studies (published on 20th September 2017) has shown that public sector pay is approaching “historically low levels”. New figures show that as a result of Government pay freezes and caps, the average NHS health worker has suffered a real terms cut of almost £2,000 over the … Read More

Redundancy support offered to Monarch employees

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We are offering assistance to ex-employees of Monarch as a result of the organisation’s recent announcement that it has entered into administration. Monarch Airlines Limited and Monarch Travel Group Limited, the airline and package holiday firm, made almost 2000 employees redundant with immediate effect on the morning of 2 October across sites in Birmingham, Leeds, Gatwick, Luton and Manchester. We … Read More

Employment Rights Update – September 2017

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In this issue we are looking at changes to an employee’s contract, in particular where an employer unilaterally changes the hours that they work. We also look at the recent changes to the Vento bands. Employment Law Update – September 2017 In the case of Gregory v Royal Mail Group Ltd 2402587/2016, Manchester Employment Tribunal upheld the Claimant’s claims for constructive unfair … Read More

ALNO employees have a right to justice

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We are offering assistance to employees of ALNO UK as a result of the organisation’s recent announcement that it has entered into administration. ALNO UK, the retail and commercial kitchen supplier, made 160 employees redundant with immediate effect on 22 September across sites in Wolverhampton, Leeds and Sevenoaks. We understand this has resulted from their parent-company, based in Germany, entering … Read More

Claimants wait in limbo for HMCTS guidance

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The Judgment As I am sure most of you are now aware, on 26 July 2017 the Supreme court ruled that the current Tribunal fees regime was unlawful. This has resulted in a period of great uncertainty in employment law as the government scrambles to implement a new, legal, fee structure as soon as possible. In the meantime, the government … Read More

Employment Tribunal rules in favour of sacked Evon Print Limited workers

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An employment tribunal ruled in favour of former Evon Print workers who have established that the print and design company based in West Sussex failed in their statutory duty to consult with them about impending redundancies. The former workers pursued claims against the company when they were made redundant on 14 March 2017 without any consultation following the administration of … Read More

Employment Rights Update – The Taylor Review ‘Good Work’ Report

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On 11 July 2017, almost a year after it was announced, the Taylor Review into modern working practices was published. The review considers the implications of new forms of work on worker rights and responsibilities, as well as on employer freedoms and obligations. The review was conducted by Matthew Taylor, the chief executive of the Royal Society of Arts. The … Read More

Supreme Court rules tribunal fees are unlawful

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On 26 July 2017, one of the most important judgments in the past 50 years of employment law was handed down. Yes, in an age of gloomy economic forecasts and disgruntlement in the workplace from squeezed workers, news reached us last Wednesday that restored our faith in the justice system. The Supreme Court in R (on the application of Unison) … Read More

GREAT NEWS!! Supreme Court finds Tribunal fees unlawful

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In perhaps the most important judgment in employment law of the last fifty years, a seven-person Supreme Court has found that the Employment Tribunal and Employment Appeal Tribunal Fees Order, which was introduced in 2013, prevents access to justice and is unlawful. An appeal made by Unison regarding the legality of the fees has been allowed by the Supreme Court. … Read More

Summer holiday guidance at work

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The summer holiday period can be a busy time for annual leave requests. Trying to balance work and childcare for several weeks can be hard for many families, especially at a time when other colleagues may also want to book leave. If you’re an employee, do you know what time off you are entitled to? Are there other options that … Read More

Employment Rights Update – Holiday Pay

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Holiday Pay – Where Are We Now? A brief summary of some of the key features of the current law about holidays follows:- The Working Time Regulations 1998 confer on full-time workers 5.6 weeks’ annual leave in each leave year. The European position remains less generous – the Working Time Directive allows only 4 weeks’ annual leave. That means that … Read More

If you can’t join them, beat them (twice!)

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Government Legal Service v Brookes UKEAT/0302/16/RN An aspiring law student dreamt of joining the Government Legal Service. She studied hard and got her law degree. Amongst thousands of graduates, she applied for a handful of trainee solicitor vacancies at the GLS. She had Asperger’s Syndrome. The medicos agreed that this condition made it difficult for her to complete multiple choice answers … Read More

The key to any employment rights is the ability to enforce them

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So, we have an election coming up. From an employment law perspective, and specifically from a worker’s focus, which of the two main parties will make a real difference to employment law protections, should it win? Both Labour and Conservative parties promise the protection of existing employment rights and propose the implementation of new ones. In fact, the Conservatives are … Read More

Could zero hours workers gain the right to request a move to a fixed number of hours?

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Could zero hours workers gain the right to request a move to a fixed number of hours? It is according to reports indicating that the government appointee Matthew Taylor’s review into modern employment practices, due to be published this summer, will recommend a new right for workers on zero hours contracts. It’s believed that a right to request more hours … Read More

Employment Rights Update

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Easter is often associated with little things, like chicks, lambs and mini eggs. So it seems fitting that our monthly update should cover a little more satellite litigation on ACAS Early Conciliation and a little compensation for failing to grant the right of accompaniment. HM Revenue and Customs v Garau Mr Garau was an administrative assistant, formerly employed by HMRC.  … Read More

New legal services partnership for Morrish Solicitors and Musicians’ Union

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Morrish Solicitors are pleased to announce that they have secured a contract with the Musicians’ Union to provide legal services on employment rights issues to the union and its members. Founded in 1893, the Musicians’ Union is one of the UK’s oldest and best respected independent ‘craft’ trade unions, with over 30,000 members working in all sectors of the British music industry. … Read More

Getting away with it?

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As specialist lawyers for Claimants in Employment Tribunals and Courts, we often get involved in cases involving companies going bust (e.g. going into administration or liquidation), and dismissing large numbers of employees as a result. A good number of well-known companies have recently gone bust – City Link, BHS, Austin Reed and Phones4u. There are common themes to many recent … Read More

Employment Rights Update

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In the case of Zebrowski v Concentric Birmingham Ltd UKEAT/0245/16 the EAT considered the correct approach to reducing compensation following unfair dismissal, in particular: when was it appropriate for the Tribunal to limit the award to a period rather than reduce by a percentage. Background The Claimant was employed by the Respondent from 2009-2015. The Respondent ran a specialist fluid … Read More