Covid Guidance Update: Notice and Furlough

November 13th 2020 | employment

How do you like to spend your Friday evenings?  If it's reviewing HMRC guidance then you’re in luck because the Furlough Guidance has just been updated. The latest update is an important one.  It confirms that for furlough claims periods (a claim period being a minimum of 7 days) starting read more...

Extended Furlough: Rehiring Redundant Employees

November 6th 2020 | employment

Martin Lewis, Money Saving Expert, has in his latest newsletter encouraged employees who have recently been made redundant to contact their employers and seek to be re-hired and furloughed, following confirmation from the Government that employers are entitled to do this on the extended scheme.  However, whilst that would probably read more...

Extended Furlough: What’s The Deal?

November 2nd 2020 | employment

On Saturday 31st October 2020, the Government made Halloween the scariest yet…with the announcement of a second lockdown.  To compense for “Lockdown 2” the Government have taken the decision to extend the furlough scheme.  What does this mean? Well, the complete guidance hasn’t yet been released, but here’s what we read more...

Job Support Scheme: Further Details

October 27th 2020 | employment

A policy paper has been published by HMRC, which provides further details of the Job Support Scheme which comes into force when the current furlough scheme ends this month.  The Job Support Scheme was originally intended to benefit employees who were working at least one-third of their normal hours (though read more...

Covid-19 - The Clinically Vulnerable At Work

October 19th 2020 | employment

The Government recently update its advice for clinically vulnerable individuals - those previously covered by the ‘shielding regime’.  With regards to work, the Government’s advice is that clinically vulnerable individuals should work from home where possible. However, at all risk levels under the tier system, employees may attend their workplace read more...

Job Support Scheme: Extension for Covid-affected Businesses

October 12th 2020 | employment

On 9th October 2020, Chancellor Rishi Sunak announced that the Government would be extending the Job Support Scheme previously announced as part of the Winter Economy Plan .  The previous announcement stated that employees must work one-third of their normal working hours in order to be eligible for the new read more...

Furlough 2.0? The Winter Economy Plan 2020

September 28th 2020 | employment

On Thursday 24th September, the Chancellor of the Exchequer announced the Winter Economy Plan, amid concerns over what would happen to the estimated 5.3 million people still on furlough.  The new Job Support Scheme is not a direct replacement for, or continuation of, furlough.  It is aimed to get workers read more...

Mental Health First Aid: What is it and do you need it?

September 3rd 2020 | employment

“Mental health first aid training” sounds all very modern, doesn’t it?  I imagine many readers of this blog will be tempted to roll their eyes at the suggestion that anyone could make a living providing such training. You might also assume that it’s a knee jerk (and probably short-lived) reaction read more...

Why Use A Solicitor For HR Services?

August 27th 2020 | employment

Many people view HR Consultants as the cheaper and more obvious option to provide “day-to-day” HR services. These services include the provision of contracts and staff handbooks as well as advising on disciplinary and capability issues within your business. However, it is important to consider whether they are always the read more...

I’ve Been Offered A Settlement Agreement: What Do I Do Now?

August 20th 2020 | employment

A settlement agreement (previously known as a compromise agreement) is an agreement between employee and employer which records the terms on which claims are settled. However settlement agreements are not only used when there is a dispute or employment tribunal claim.  In fact, settlement agreements are most commonly used to read more...

Redundancy and Furlough: Notice Pay

August 11th 2020 | employment

When an employee is made redundant, they are entitled to receive: A Statutory Redundancy Payment (a payment based on their age, length of service, and salary); A payment in lieu of accrued but untaken holiday; and Notice. Notice is usually either worked by the employee, paid in lieu (subject to read more...

My Employee Is Too Expensive – Can I Make Them Redundant?

August 4th 2020 | employment

This article deals with a question I am asked frequently: does a redundancy situation arise where an employee is simply too expensive? Most would say that is the very definition of a redundancy but in reality, the answer is often “no, not really”.  A redundancy situation occurs when an employee read more...

How To Make Redundancies Without Going Through a Redundancy Process

July 20th 2020 | employment

The suggestion that you could make redundancies without going through the process probably sounds too good to be true, and there certainly are caveats.  However, in theory it is entirely possible.  Many people probably do not realise that when making redundancies there is an option for employers to offer a read more...

Redundancy and Furlough: Two Words of Warning For Employers

July 16th 2020 | employment

As the furlough scheme begins to change, and employers’ contributions to the costs increase from next month , many businesses may now be turning their attention to the longer term viability of their business.  This may include whether they can afford the increased contributions, or must now consider measures to read more...

Furlough Scheme: Staff Retention Bonus

July 8th 2020 | employment

Chancellor of the Exchequer, Rishi Sunak, has today annouced  his "mini budget", including his Plan for Jobs measures.  A far cry from yesterday's concerns that  employers who cannot retain furloughed staff will have to repay the furlough monies , the Chancellor announced a staff retention bonus. Full details of the read more...

Allan Janes Quiz: Round 1 Answers

June 4th 2020 | social

A big thank you to all those who participated in Round 1 of our quiz.  The answers are set out below.  Get ready for Round 2 tomorrow for more chances to win. Legal Stuff The Old Bailey. 3* – England and Wales, Scotland and Northern Ireland;   * however, with the read more...

Covid-19: Testing, Tracing and SPP

May 28th 2020 | employment

The Government has launched as at today's date (28 May 2020) the new Test and Trace system.  This means that anyone with symptoms of Coronavirus must now (in addition to self-isolating as before), go online, register their symptoms and order a Covid-19 test. If you test positive for Coronavirus, you read more...

Covid-19: Coronavirus Job Retention Scheme Update

May 12th 2020 | employment

The Chancellor of the Exchequer, Rishi Sunak, has today announced that the  Coronavirus Job Retention Scheme  or 'furough scheme' will be extended until October 2020. It has been confirmed that no changes will be made until the end of July 2020 with employees continuing to recieve 80% of their salary read more...

Coronavirus: Employers’ FAQs

March 17th 2020 | employment

All information in the below article is correct as at the date of publish (17 March 2020).  However due to the ongoing nature of the Coronavirus outbreak, the information below may be liable to change at any time.   Further to our previous blog post about COVID-19 - commonly known as read more...

Employment Tribunals: Annual Increase on Compensation Limits

March 6th 2020 | employment

The Employment Rights (Increase of Limits) Order 2020 has been placed before Parliament.  This order sets out the rates which apply in the Employment Tribunals when calculating compensation payments.  The limit for a 'weeks pay' also applies to statutory redundancy payments, as well as basic awards in the Tribunal. The read more...

Coronavirus: Guidance For Employers

March 4th 2020 | employment

If you have seen the news at all in the past month, you will need absolutely no explanation as to what coronavirus is!  However, on the slight chance that you might have been living under a rock, COVID-19 – widely referred to as ‘coronavirus’ is, according to the World Health read more...

“You Stink!”: Handling Awkward Conversations With Your Staff

February 19th 2020 | employment

It is possibly one of the most awkward situations that you may be asked to handle as a Manager or HR Professional: confronting an employee about personal appearance or hygiene.  However, it is an important issue to deal with swiftly and sensitively, as left unchecked, it could affect the employee’s read more...

What Are The Benefits Of Using A Solicitor For HR Advice?

February 11th 2020 | employment

By now, you may well have heard of our Employment Retainer Package which provides your business with flexible, cost effective HR support. But you may wonder why you would use a solicitor rather than a HR Consultancy Business.  We consider that the benefits are endless, and to name just a read more...

You can be discriminated against for being Vegan

January 31st 2020 | employment

Somewhat surprisingly, given that a Tribunal recently ruled that it was not possible to be discriminated against for being vegetarian , a different Tribunal has ruled that ethical veganism is a philosophical belief which is capable of being protected under the Equality Act 2010. The case concerns a vegan, Jordi read more...

Transgenderism: Employment Law Update

January 6th 2020 | employment

A new case which has been heard in the Employment Tribunal has potentially far-reaching implications both for the Equality Act and for freedom of speech. Under the Equality Act, a person is protected from discrimination as a result of their religious or philosophical belief.  What constitutes a philosophical belief is read more...

Employee Monitoring: Secret CCTV Cameras

December 11th 2019 | employment

Employee monitoring is a controversial and complex issue covering not only employment law, but data protection, and human rights issues. There are a number of types of monitoring including monitoring of email content and traffic, internet or telephone use, or CCTV.  This article focuses on use of CCTV in and read more...

Settlement Agreements: What Should You Be Contributing Towards Fees?

November 14th 2019 | employment

When an employer offers an employee a settlement agreement, the employee must take legal advice on the “terms and effect” of the proposed agreement in accordance with Section 203 Employment Rights Act. It is standard practice that an employer will contribute to the costs of the employee taking that legal read more...

Harassment is not always Discrimination!

October 29th 2019 | employment

Harassment is defined in Section 26 of the Equality Act. It has a particular definition unique to the Equality Act which is as follows:- a person (A) harasses another (B) if- a) A engaged in unwanted conduct related to the relevant protected characteristics, and b) the conduct has the purpose read more...

Litigation Privilege: The Dangers of Discussing Litigation in Emails

October 22nd 2019 | dispute resolution

We have discussed before in a previous blog post the difficulties in maintaining privilege in documents produced for employment cases within a company. However, there is similar difficulties in maintaining litigation privilege in commercial disputes. But what is privilege? In order to understand privilege, you need to understand the process read more...

Guidance on Menopause

October 18th 2019 | employment

18th October 2019 marks World Menopause Day - a subject which is surprisingly important for employers! A recent  government study  on menopause and it's effect on working women suggests that "significant numbers of working women experience problems at work as a result of individual symptoms" and that some aspects of work read more...

Can You Be Discriminated Against For Being Vegetarian?

October 3rd 2019 | employment

In short- no. A recent case heard in the Employment Tribunal of Conisbee v Crossley Farms Limited decided this very issue. Under the Equality Act 2010, workers are protected from being discriminated against on the grounds of their religion or beliefs. In this case, the claimant claimed that they had read more...

Social Media in the Workplace - What Is Your Problem?

August 12th 2019 | employment

As an employer, it is often difficult to tell where the boundaries lie regarding the implications of your employee’s actions on social media. A recent case heard at the Employment Appeal Tribunal (EAT) held that, in Forbes v LHR Airport Limited , the posting of an offensive image on Facebook read more...

Can Employees Take Holiday Whilst on Sick Leave?

July 30th 2019 | employment

The law relating to holiday rights and sick leave was in a state of uncertainty for some years. There were many unanswered questions, including whether a worker (see our previous blog post for an explanation of who falls within the ‘worker’ category’) on long-term sick leave can take annual paid read more...

Can Employees Secretly Record Meetings?

July 25th 2019 | employment

In most cases, it is misconduct for an employee to make a covert recording at work because it breaches the implied term of trust and confidence, but a recent ruling at the Employment Appeal Tribunal (EAT) showed that it depends upon the purpose of, and circumstances surrounding, the recording. Compensation read more...

Too Hot To Work?

July 2nd 2019 | employment

If you look at your weather app, chances are you may be greeted by the little sun icon you've been longing to see over the last few wet, windy weeks.  With the "Sarahan Bubble" raising temperatures in Europe to scorching, the UK is set to see some warmer weather. As read more...

Why Use a Solicitor for HR Services?

June 7th 2019 | employment

Many people view HR Consultants as the cheaper and more obvious option to provide “day-to-day” HR services. These services include the provision of contracts and staff handbooks as well as advising on disciplinary and capability issues within your business. However, it is important to consider whether they are always the read more...

Employment Contracts - Unclear Wording Can Be A Costly Error

May 28th 2019 | employment

Many businesses give little consideration to their contracts of employment. Many may not have one at all (there is no legal requirement to have a contract) and others may simply hand out the same standard document with the necessary details amended. However, a failure to give proper consideration as to read more...

Countdown to Kop Hill

May 14th 2019 | social

For the fourth year in a row Allan Janes will be exhibiting at Kop Hill Climb.  The Kop Hill Climb, for those who were not familiar with it, is a fantastic family-friendly event which fundraises for the local community. It takes place in Princes Risborough every year in late September. read more...

Social Media in the Workplace – The Problem with LinkedIn

May 10th 2019 | employment

If you ask any business-owner they will probably tell you that they actively encourage their staff to be on LinkedIn, promoting themselves and the business.  LinkedIn is undeniably a great way for professionals to connect and network, however it can also pose significant risks for the employer who encourages its read more...

The Benefits and Drawbacks of Flexible Working

April 24th 2019 | employment

Flexible working gives the opportunity for employees to have flexibility on how long, where and when they work. The main way in which this flexibility can be achieved is through a statutory flexible working request, part of a scheme that was set out in the Employment Rights Act 1998. However, read more...

Stress Awareness Month - Our Top 10 Tips

April 18th 2019 | employment

April 2019 is Stress Awareness Mont h and at Allan Janes we are encouraging our employer-clients to consider stress in their workplace.  According to the Samaritans, ‘work’ is cited as the number one cause of stress in the UK.  A survey carried out by Mind, a mental health awareness charity, read more...

The Gig Economy - Employees, Workers or Self-Employed?

April 17th 2019 | employment

A host of recent cases, including cases brought against high-profile companies including Uber, Pimlico Plumbers, Addison Lee and Deliveroo have placed the employment status of people working in the ‘gig economy’ under scrutiny, but what is the difference between an employee, a worker and a self-employed contractor, and why does read more...

Changes to National Minimum Wage – 2019 Budget

April 2nd 2019 | employment

Employers are reminded that National Minimum Wage and other allowances increase this month.  The new rates are as follows: For workers aged 25 and over from £7.83 to £8.21 For workers aged 21-24 from £7.38 to £7.70 For workers aged 18- 20 from £5.90 to £6.15 For workers aged 16- read more...

"It’s Just Banter!”: A New Defence to Discrimination Claims?

March 29th 2019 | employment

When dealing with complaints or disciplinary issues, many employers will have heard the phrase ‘it’s just banter!’ raised in defence of the accused. However, could this possibly be a defence in the Employment Tribunal? Well, possibly. In the case of Evans V Xactly Co Ltd heard last year, potentially discriminatory read more...

Worker Status: The Barrage of New Cases Continues...

March 4th 2019 | employment

Following the success of workers in a number of high-profile cases including Uber and Pimlico Plumbers, it was expected that further cases regarding worker status would soon be hitting the Tribunals. This, coupled with the removal of fees for Claimant’s has led to a slew of new cases being issued. read more...

Employers Must Keep a Record of Working Time

February 12th 2019 | employment

A recent opinion expressed by Advocate General Pitruzzella – a member of the European Court of Justice – suggests that employers must maintain records of the time their staff spend at work. In the case of Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, Advocate General Pitruzzella read more...

The Equality Act 2010 – How Much Is a Hurt Feeling Worth?

November 11th 2018 | employment

Probably more than you might think! The Equality Act 2010 expressly provides that compensation for discrimination may include (or be made up entirely of) compensation for injured feelings. An award for injury to feelings is separate from an award of compensation for financial loss. A claimant can therefore recover for read more...

Is a reference from Jabba the Hutt valid?

October 15th 2018 | employment

In an interesting case regarding obtaining references in the recruitment process, employers are given fair warning regarding their obligation to ensure that references are true and factual. Case facts In Francis-McGann v West Atlantic UK Limited, the Claimant had lied on his application, stating in his previous experience that he read more...

Flexible Working: The Benefits for Employers

October 10th 2018 | employment

Flexible working gives the opportunity for employees to have flexibility on how long, where and when they work. The main way in which this flexibility can be achieved is through a statutory flexible working request, part of a scheme that was set out in the Employment Rights Act 1998. However, read more...

Consideration For Restrictive Covenants

September 24th 2018 | dispute resolution

Many people might be aware of the basic contractual principles, including the rule that you must provide consideration for a contract to be enforceable, however when contracting to restrict a person’s right to work (such as including restrictive covenants in a contract of employment), the situation becomes more complex. What read more...

Can you dismiss without prior warnings?

September 18th 2018 | employment

Most employers will be aware of the general requirement to give warnings prior to dismissing employees for misconduct. Most employers will also be aware of their right to dismiss an employee without notice if they have committed an act of ‘gross misconduct’, even if that employee has no prior warnings. read more...

Can you give a bad reference?

September 4th 2018 | employment

Some of the most common questions received from employers concern giving references for ex-employees. Many employers do not understand their obligations in this regard, however it is vitally important that employers comprehend their duties and avoid common pitfalls. For example, many employers may not know that a claim for damages read more...
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Whatever your query, our expert team of solicitors are on hand to help. We are always pleased to have an initial chat over the phone to discuss your situation. From there we can either provide you with straight forward advice if your query is simple, or we can arrange an appointment to discuss it further if this is required. In either case, we are always happy to assist, so please feel free to call us at any time.