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

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