Redundancy – A Summary

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An employee may only be dismissed by reason of Redundancy if a genuine redundancy situation exists.  A genuine redundancy situation exists in 3 circumstances as set out in section 139 of the Employment Rights Act 1996: 1)    The employer’s business as a whole has closed down (eg where the business has gone into liquidation) 2)    The employee’s actual work place … Read More

Employment Rights Update January 2013

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Welcome to the January Employment Rights Update. The Courts and Tribunals have had a busy start to 2013.We have already blogged here about some important decisions from the European Court of Human Rights concerning the competing interests arising in discrimination law.Now in our monthly update we look at collectively agreed terms, time limits and Tribunal changes.     To view … Read More

Did snow cause problems at work?

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With the recent snowfall and subsequent workplace closures, many people this month will 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 … Read More

Enterprise Bill 'stacks odds against workers'

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Government plans to change workplace law are a license for rogue bosses to let safety standards fall, personal injury experts have warned. Not-for-profit group the Association of Personal Injury Lawyers (APIL) is lobbying against a government amendment to the Enterprise and Regulatory Reform Bill, which would end a right to compensation for an injury following a criminal breach of safety … Read More

Enterprise Bill ‘stacks odds against workers’

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Government plans to change workplace law are a license for rogue bosses to let safety standards fall, personal injury experts have warned. Not-for-profit group the Association of Personal Injury Lawyers (APIL) is lobbying against a government amendment to the Enterprise and Regulatory Reform Bill, which would end a right to compensation for an injury following a criminal breach of safety … Read More

New employment rights blog

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BIS has published the “Fifth Statement of New Regulations” setting out the timetable for a number of measures which will be implemented in 2013.   This will include “removing unnecessary burdens from the Equality Act”, which specifically means removing employers’ potential liability for harassment by a third party and removing the statutory questionnaire procedure. These changes will be implemented in … Read More

HSE Annual Statistics Published

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The Health and Safety Executive’s annual statistics report is now available on their website: http://www.hse.gov.uk/statistics/index.htm   Did you know? 1.1 million working people were suffering from a work-related illness.   173 workers killed at work.   111 000 other injuries to employees were reported under RIDDOR.   212 000 over-3-day absence injuries occurred (LFS).   27 million working days were … Read More

Employment Rights Update November 2012

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In this month’s employment rights update we take a look at the implications of the draft Companies Act 2006 (Strategic Report and Director’s Report) Regulations, together with a recent Employment Appeal Tribunal case regarding the legal definition of ‘disability’. To view the November’s employment rights newsletter, click here.  

Scandal of workers forced to pay for their own protective safety equipment

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A TUC survey published today (Friday) reveals that despite laws which say employers must give their staff personal protective equipment (PPE) free of charge, more than one in five workers are being forced to pay for it out of their own pocket. PPE includes protective clothing, helmets and goggles designed to protect workers from injury, electrical hazards, heat, chemicals, and … Read More

Morrish working with NASS to win cases for members

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A sea change in attitudes to Britain’s stable staff from their employers has been cited as one of the benefits of a remarkable record of success for the National Association of Stable Staff in winning employment tribunals. In a spectacular run, the trade union (Nass) representing stable staff employed by licensed racehorse trainers has not lost out in the tribunal battle ground … Read More

Trade union lawyer slams Governments Beecroft report as a vicious and calculated attack on the rights of ordinary working people

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Jamie Hanley, partner at leading trade union law firm Morrish Solicitors, has today spoken out against the Government’s Beecroft Report, calling it ‘a vicious and calculated attack on the rights of ordinary working people’. Hanley said: “Yesterday, the usual political niceties employed by the Tory and Lib Dem partners of the coalition Government were far from evident. The Prime Minister … Read More

‘From employment protection to employer protection’ – update on the changes to employment law

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  1 Government’s Approach to Employment Law: David Cameron 10.11.2011: “One business man said he did not have the time or the money to go through the hassle of removing people in the UK – so he hires in the US’. Another said “I don’t care if the UK’s processes are more flexible than most European countries. That’s like saying … Read More

All change for April new employment law changes

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From 6th April 2012, a number of changes come into effect: the 1 year qualifying period for ‘normal’ Unfair Dismissal protection increases to 2 years (also applies to the right to request written reasons for dismissal), meaning that anyone starting a new job on or after 6th April 2012 will now take two years to gain Unfair Dismissal rights. Employment … Read More

If it ain’t broke why try to fix it?

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We have a new post on our Employment Rights blog.  If it ain’t broke why try to fix it? I think we can safely conclude that the government’s aim is to deregulate employment law, moving away from what was previously employment protection, to employer protection. For more information, please visit our Employment Rights blog.

Government accepts independent Low Pay Commission’s recommendations

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  The Government has accepted the independent Low Pay Commission’s (LPC) recommendations for this year’s National Minimum Wage (NMW) rates.   The following rates will come into effect on 1 October 2012:   The adult rate will increase by 11p to £6.19 an hour. The rate for 18-20 year olds will remain at £4.98 an hour. The rate for 16-17 … Read More

If it ain't broke why try to fix it?

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We have a new post on our Employment Rights blog.  If it ain’t broke why try to fix it? I think we can safely conclude that the government’s aim is to deregulate employment law, moving away from what was previously employment protection, to employer protection. For more information, please visit our Employment Rights blog.

Are unfair references lawful?

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It is possible for a reference to be unfair and yet lawful? The Court of Appeal thinks so. In Jackson v Liverpool City Council, the claimant left the youth offending team to join Sefton Borough Council. While at Sefton he applied for a position with their youth offending team. He did not get the job and it was found that … Read More

New Employment Rights Blog update

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Government’s ‘business-friendly’ approach really means: weakening workers’ rights and making it harder for an average person to get justice against an employer which acts unlawfully or unfairly. http://morrishsolicitors.blogspot.com

Work deaths increase show safety rot says union lawyer

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A leading trade union lawyer today condemned the Health and Safety Executive’s report that there has been a fall in workplace accidents, saying the fall is merely in reporting of accidents. Jamie Hanley, partner at trade union law firm Morrish Solicitors said the HSE’s statistics, which show a 16% increase in workplace deaths coupled with a decrease in the number … Read More

Morrish secures 90-day Protective Award for TSSA members and other redundant Catalis employees

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Morrish Solicitors has secured a 90-day Protective Award for TSSA members and other employees made redundant by Catalis on or before 2 July 2010. Nottingham Employment Tribunal found that the health and safety training provider, which is now in administration, had failed to consult with employees before making them redundant from the company’s Derby centre. Anna Power, solicitor for the … Read More

ALMO race discrimination case puts council in the dock

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By Rhiannon Bury of Inside Housing, 17 June 2011: An arm’s-length management organisation employee has told an employment tribunal that he faced repeated racial discrimination from colleagues over a seven-year period, between 2003 and 2010, in a landmark legal case. Michael Woodhouse, a planning officer at West North West Homes, is pursuing a case against Leeds Council, claiming he was … Read More

Ayodele v Compass Group EAT

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In the case of Ayodele v Compass Group, the Employment Appeal Tribunal has held that an employee’s request to remain in employment after the age of 65 must be considered ‘in good faith’ and an employer cannot rely on a blanket policy of requiring employees to retire at the age of 65; even if such a policy is in place … Read More

New Blog Update

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Read in our latest Wills and Elderly Client Services blog, Lifelaw post, Chief Ombudsman Adam Sampson calls for action to be taken to protect the vulnerable who are being ‘ripped off’ by unregulated will writers. Text reprinted with kind permission of the BBC website.

Morrish Employment Team advises over 250 in mass redundancy case

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The employment rights team at Morrish Solicitors last month advised over 250 employees on the terms of their compromise agreements from a major employer effecting a mass redundancy. Many remain unaware that compromise agreements are only effective if the employee has access to independent legal advice before they sign it. When offering compromise agreements to those facing redundancy, employers are … Read More