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

Employment Tribunal rules in favour of sacked Austin Reed workers

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Manchester Employment Tribunal has awarded a 90-day protective award to ex-employees against the two Austin Reed companies, AR Realisations 2016 Limited and ARG Realisations 2016 Limited. This follows a failure by the companies to properly inform and consult employees in their main offices at Thirsk and London in the lead up to the companies’ insolvency in April 2016. The insolvencies … Read More

Employment Rights Update

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New Appointment Hannah Boynes has joined the Morrish employment team. Hannah qualified in 2012 and obtained Higher Rights of Audience in 2014. Hannah qualified as a Solicitor-Advocate after completing her training in civil litigation and employment.     British Airline Pilots’ Association v Jet2.com Ltd 2017 This case looked into what falls within the scope of “pay, hours and holidays” in terms … Read More

WNG Group employees have a right to justice

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We are offering assistance to employees of WNG Group (trading as Wachem, I Love Products and Sutton Manufacturing Solutions), as a result of the organisation’s recent administration announcement. East Yorkshire-based WNG Group, manufacturer and retailer of personal hygiene products, ceased trading upon the joint administrators’ appointment at the end of February, forcing them to make all 72 employees redundant. The … Read More

Negative response from Government on attempt to bridge gender pay gap

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The government has responded to the Women and Equalities Committee’s second report into the Gender Pay Gap. The committee made a total of 17 evidence based recommendations on 22 March 2016 to tackle the gender pay gap as quickly as possible. The government responded to this report by rejecting the majority of the proposals of the committee. A sample of … Read More

Aqua Interiors staff awarded protective award claim

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Following the unexpected dismissal of more than one hundred employees and subsequent insolvency of Huddersfield-based kitchen and bathroom installer Aqua Interiors in summer 2016, many of the employees instructed Morrish Solicitors to bring a protective award claim against the company for a failure to inform and consult them appropriately before they were dismissed. The family-run company, formed 40 years ago, … Read More

Employment Law Update – January 2017

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In Kellogg Brown & Root (UK) Ltd v (1) Fitton and (2) Ewer, the EAT considered whether employees who were dismissed when their employer had exercised a mobility clause to move them to another office, had in fact been dismissed by reason of redundancy, as decided by the employment tribunal. Background Mr Fitton and Mr Ewer worked at Kellogg’s office … Read More

Victory for gig-economy workers

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Not surprisingly following the decision in the landmark Uber case in October 2016, the Employment Tribunals have again been asked to consider the employment status of the gig-economy workers. The Uber case was of course the first of its kind in the UK. In this case the Tribunal found in favour of the Claimant in establishing that Uber drivers are … Read More

Employment Tribunal rules in favour of dismissed charity workers

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Following the unexpected dismissal of more than twenty employees and subsequent insolvency of London-based childcare charity 4Children in summer 2016, many of the employees instructed Morrish Solicitors to bring a protective award claim against the company for a failure to inform and consult them appropriately before they were dismissed. The charity provided thousands of low-income families with nursery, after-school clubs … Read More

Government’s long awaited reply to ET Fees review

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The government has released the outcome of its review of Employment Tribunal fees and launched a consultation on new proposals to change the ET fees remission scheme (called ‘Help with Fees’). The proposals are pretty small beer. The gross monthly income threshold to apply for a fee remission (reducing or cancelling out the ET fee) would be increased from £1,085 … Read More

Morrish strengthens team with three new appointments

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Morrish Solicitors have announced three key appointments at their West Yorkshire offices. Joining the firm’s Employment team in Leeds is Solicitor Hannah Boynes, who qualified in 2012 and obtained Higher Rights in 2014. Hannah also qualified as a Solicitor-Advocate after completing her training in civil litigation and employment and will be dealing with a wide range of employment matters including unfair dismissal and discrimination at Morrish. Employment Partner … Read More

Employment Tribunal rules in favour of sacked Phones4U workers

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An Employment Tribunal ruled on Friday in favour of former Phones4U workers based at the Head Office and Merry Hill Shopping Centre, who have established that Phones4U failed in their statutory duty to consult with them about impending redundancies. The former workers pursued claims against the mobile phone retailer when they were made redundant following the administration of the company … Read More

Employment Update – December 2016

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In this edition we look at whistleblowing and round up some of the legal happenings towards the end of 2016. Whistleblowing Eiger Securities LLP v Korshunova In this case the claimant alleged that she had been dismissed because she made a protected disclosure. Ms Korshunova complained to her manager that he had used a “chat” programme, whilst logged in as … Read More

When Christmas parties get out of hand

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It is the season for Christmas parties and many workplaces will hold events in pubs or hotels where alcohol is likely to fuel the proceedings. That is the context for the latest in a series of court decisions concerning the liability of employers for the actions of their employees. When I was first in practice my clients would often find … Read More

Employment Update – November 2016

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Reliance on final written warning In Bandara v BBC a tribunal held that the Claimant’s dismissal was fair in the context of allegations of bullying, intimidation and a failure to follow instructions. The Claimant had earlier (in the same year) received a final written warning relating to relatively minor incidents including a breach of editorial guidelines. This is another in … Read More

"Employee Shareholder” regime

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The Autumn Statement sees  the Chancellor phasing out the “employee shareholder” regime – initially by removing the tax advantages associated with it; but in due course it is expected to disappear altogether. This is no great surprise. We blogged about the scheme when it was introduced in late 2013.  You can read our reservations here:  http://morrishsolicitors.blogspot.co.uk/2013/09/employee-shareholders.html Not for the first … Read More