Blogs & Articles

“Can I Bring A Lawyer?” – Employee Rights At Disciplinary Hearings


What rights do workers/employees have at disciplinary or grievance hearings?   Who is legally entitled to attend?   Both workers and employees have the legal right to be accompanied to a disciplinary or grievance hearing. However, in accordance with section 10 of the Employment Relations Act 1999 those rights are limited to being either a trade union representative or a colleague. The right for the individual to be accompanied by …

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National Stress Awareness Month: 3 Ways Your Business Can Tackle Work-Related Stress


April marks the beginning of National Stress Awareness month. What is stress? Stress is defined by the Health and Safety Executive as: “the adverse reaction people can have to excessive pressure or other types of demand placed on them.” Stress is a natural reaction to life events and whilst some find stress as a positive factor it is also recognised that having high levels of stress can have a significant …

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Employment Law Update: Increase To Aggravated Breaches Of Employment Rights


What are aggravated breaches of employment rights? This is where an Employment Tribunal find a Respondent (employer) has breached the Claimant’s employment rights, it is within the Employment Tribunal’s power to order the employer to pay a financial penalty, if they are of the opinion that the breach has aggravating features. This could be in circumstances where the Employment Tribunal consider the employer has carried out an action which was …

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Amica Legal Has Recently Received More Positive Feedback From A Client


Amica Legal has recently received more positive feedback from a client who engaged our specialist Employment Lawyer to assist them in an ongoing internal issue; “I can’t speak highly enough of the service provided by the team at Amica Legal. Having worked closely with them over the last twelve months, they have provided an outstanding level of support and advice for our company in regard to all employment matters. I …

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Gan Menachem Hendon Ltd v De Groen: What Does This Case Mean For Religious Discrimination In The Workplace?


“An employer acting because of its own religion or belief does not discriminate against its employees” This was the outcome in the case of Gan Menachem Hendon Ltd v De Groen at the EAT in February 2019. The Claimant was a teacher for the Respondent which ran a Jewish Nursery and one day, during a social event, it became known to the Respondent that the Claimant lived with her partner …

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“It’s the office culture!”: Why This Phrase Fills Employment Lawyers With Dread


“It is the office culture”   This is a phrase I have heard regularly and as an Employment Lawyer it does make my heart sink as it is usually a precursor to some incident, in the workplace, which has caused offence. Whilst this is so, however, the background to a comment like this is key – it can be a defence to an employment tribunal claim but only in the …

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How To Defend a Constructive Unfair Dismissal Claim


Firstly, what is Constructive Unfair Dismissal? This is where an employee resigns in response to the employer’s conduct. In one sense, its not a dismissal but rather a resignation.   If an employee brings this claim to the Employment Tribunal, they will need to be able to successfully show two key elements.   The first key element is that the employer’s behaviour represented a fundamental breach of contract. A few …

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How Are You Employing Your Staff?


You will no doubt have heard reference in the press to the ‘gig economy’ and employment status and in June of last year it was heavily reported again in a high-profile judgement made by the Supreme Court. The case was Pimlico Plumbers Ltd and another -v- Smith. The decision was significant as there was a crucial jurisdiction issue to determine in relation to each of Smiths’ claims – as eligibility …

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