Brass employees get the compensation they deserve

Morrish SolicitorsEmployment, Site News, Site News, Site News

Employees of Brass Agency contacted us on the 8th December 2019 after the company went into administration and over 50 employees were left without a job. When employees have been made redundant without appropriate information or consultation, and there are 20 or more employees based at one establishment such as a workplace, they can make a claim to an Employment … Read More

COVID-19 – Temporary and Agency Employee Rights

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

With the Government announcing more financial support for those unable to work due to the Coronavirus pandemic, many people are considering what support they are eligible for. But what support can temporary/agency employees get from the government if there’s limited work due to the economic impacts of Coronavirus? And what qualifies as an employment contract? Below we answer frequently asked … Read More

COVID-19 – SSP for ‘Clinically Extremely Vulnerable’ Employees

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

The Government has issued new regulations relating to statutory sick pay so that employees who have been classed as ‘Clinically Extremely Vulnerable’ by the NHS are now entitled to SSP if they are shielding. For the avoidance of doubt, this is the group of people who should have received a letter from their GP advising them to shield. Prior to … Read More

COVID-19 – Carrying over annual leave

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

Carry-over of annual leave The Working Time Regulations have been amended to allow for carry-over of annual leave that has not been taken due to COVID-19. This rule only applies to the 4 weeks of statutory annual leave (or the worker’s pro-rata entitlement) that is derived from the EU Working Time Directive. It does not apply to the additional 1.6 … Read More

COVID-19 – Your employment rights – FAQs

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

Self-Isolating and Sickness I have symptoms of COVID-19 and I am self-isolating – what should I be paid? If you’re self-isolating because you have symptoms of COVID-19, unless you can work from home, you will be “deemed incapable of work” for the prescribed period of isolation. If you’re not working, you will be entitled to SSP or company sick pay … Read More

Furlough leave – what are my rights?

Morrish SolicitorsEmployment, Site News, Site News, Site News, Trade Unions

What is Furlough leave? On 20 March 2020, the chancellor announced the Coronavirus Job Retention Scheme. Through the scheme the government commits to cover 80% of the wages of furloughed workers, up to £2,500 per month. A furloughed worker is someone who remains employed, but is not provided with work. The aim of the scheme is to ensure that employers … Read More

Going Viral…

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

Given the ubiquity of news about the coronavirus, I have thought at least twice about whether to blog on the subject, but in the end I think it brings together so many current issues of law, social policy, media (social and mainstream) that it is impossible to resist. As an employment lawyer, I cannot help but be impressed by the … Read More

Do the self-employed have any protection from discrimination?

Morrish SolicitorsEmployment, Site News, Site News, Site News

This month our Employment Solicitor, Claire Pegg, looks at employment rights for self-employed individuals. Self-employed individuals do not benefit from the same employment rights that are afforded to employees and workers. In particular, they are not entitled to: • protection from being unfairly dismissed; • Statutory sick pay • Maternity, adoption, paternity or shared parental leave and pay • receive … Read More

An Employment case review with a festive touch

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

As we have now officially entered the holiday period, I thought it apt to base the case review this month on two holiday claims! Just to add to the overall festive feeling of this month, the first two cases we are looking at originate from the home of Christmas, Finland! TSN v Hyvinvointialan liitto ry (C 609/17) and another case … Read More

Recent Employment cases that can be used in day-to-day practice

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

November was a plentiful month for interesting cases and principles that can be used in day-to-day practice. So we thought we’d share snippets of as many as we think you can stand, rather than go into the detail. Redundancy and statutory trial periods East London NHS Foundation Trust v O’Connor examined the point at which a statutory trial period began … Read More

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