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The European Court of Justice rules unlimited back pay for unpaid holiday

Employees and workers are entitled to paid holiday but the self-employed are not.  If you are self-employed you are expected to charge the organisations that you work for an hourly or daily rate. This will allow you to cover your expenses, pay tax and National Insurance and take time off. Sometimes people are incorrectly labelled … Read more

Time off for Dependants

People sometimes need to take time off for dependants at work to look after family members or people that they live with.  The law allows employees to take reasonable time off from work to take action.  It also prevents people from being treated badly or dismissed if they have taken time off.  Who counts as … Read more

Reasonable adjustments at work – Employer obligations

What are reasonable adjustments? When organisations employ disabled workers, they must put in place reasonable adjustments at work to: Remove substantial disadvantage (more than minor or trivial). This is where a provision criteria or practice puts a disabled person at a disadvantage compared to those who are not disabled; Provide an auxiliary aid. This is … Read more

Contributory Fault

Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way.  Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by … Read more

March of the Mummies – Call for better rights for mothers and parents

On 31st October 2017 parents took to the streets in 6 cities across the UK to demand recognition, respect and change for working parents. Organised by the campaign group Pregnant then Screwed, the protestors made 6 demands: Increase the time limit to submit a tribunal claim for maternity and parental leave discrimination from three months … Read more

What are Injury to Feelings?

How are employees compensated in discrimination cases over and above the loss of earnings that they may have incurred by way of an injury to feelings award. Injury to feelings awards are, unlike unfair dismissal awards, unlimited. The Tribunal will, if it considers that an employee has suffered discrimination, try to compensate that individual so … Read more

Dismissals on the cusp of two years’ service

Some employers watch the clock run down in the sense that they dismiss employees just before the two years is up.

Where an employee is dismissed months and weeks before two years’ service then there is little that they can do. They have simply not worked there long enough to have accrued most employment rights. 

If, however, they are dismissed in the days before two years is up then there is cause for hope.

Michael Fallon resigns but is not necessarily guilty of sexual harassment

Michael Fallon resigns as Defence Secretary, following an allegation of sexual harassment, his resignation letter states that “in the past” his behaviour “had fallen below the high standards that we require of the Armed Forces”.  The Allegation Whilst there may be other allegations of harassment in the swirl of accusations, denials and apologies circling around … Read more

What is a Provision Criterion or Practice (a “PCP”)?

A provision criterion or practice (PCP) is a legal term used in discrimination law. In particular, PCP is used in indirect discrimination claims.  In order to prove indirect discrimination, firstly, an employee must prove that a provision criterion or practice has been applied to them. See Section 19(1) of the Equality Act 2010. The employee must … Read more