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Philip Richardson
    • Philip Richardson

    • Partner & Head of Employment Law
    • View profile
 

What do I need to consider when offering an employee a settlement agreement?

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Settlement agreements can bring an end to any claims from an employee such as, claims for unfair dismissal or discrimination arising out of the employee’s employment or termination. If executed properly settlement agreements...

A guide to settlement agreements

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Settlement agreements, which used to be known as compromise agreements, are legally binding documents which can be used by both the employee and employer to resolve a dispute or end employment. Settlement agreements are covered in the Employment Rights...

What is the Workers (Predictable Terms and Conditions) Act?

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Coming into force in October, The Workers (Predictable Terms and Conditions) Act is designed to give workers in unpredictable and unstable employment situations, such as zero-hour contracts, a right to request a predictable work pattern. It aims to give...

Do I need a solicitor at an employment tribunal?

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One of the advantages of having a solicitor represent you at an employment tribunal is that they are specifically trained to deal with cases in the employment tribunal on a daily basis. They are familiar with legal concepts and the arguments that can...

What Labour's victory in the polls means for UK employment law

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In the run up to the general election, Labour made clear its plans to transform workers’ rights claiming that they were ‘not fit for the modern economy’. Their ‘new deal for working people’ made a pledge to implement sweeping...

Changes to the Employment Relations (Flexible Working) Act and their impact on employees and businesses

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In today's fast paced world, the traditional 9-to-5 office work setup is becoming increasingly outdated. Recognising this shift, and the needs and preferences of employees to have a more balanced work and personal life, the government have introduced...

Changes to redundancy protections for pregnant employees or those returning to work from maternity or adoption leave

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From 6th April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation. Under the current law, employees on maternity leave, shared...

Employment law for fintech companies

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To be a best practice employer, particularly in a fast-growing fintech company, it's crucial to have robust legal employment practices and policies in place. Often it can be difficult to keep up with what is legally required in a fast-growing company...

Employees will be entitled to unpaid leave to care for dependents from April

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On 6 th April 2024 the Carer's Leave Act will come into force, giving employees with care responsibilities the right to unpaid leave whilst remaining in employment. According to the charity Carers UK, there are 5.7 million people in the UK who...

New law will see significant change to flexible working rights from April 2024

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Having gained Royal Assent in the summer of 2023, the Employment Relations (Flexible Working) Act 2023 will see significant changes to the way in which employees are able to make flexible working requests and how their employers must consider these...

What is employee insubordination and what steps can I take as an employer?

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Insubordination is defined as employee's deliberate refusal or failure to follow reasonable instructions from their employer. These instructions are likely to be a core part of their job role. It is considered a breach of the employee's duty to not...

Sick notes or fit notes, when is the employee required to provide one?

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Fit notes have replaced sick notes if an employee is off sick. The requirements around the procedures employees need to follow around time off due to illness will depend on their employer’s employment policies and their contract with the...

Workplace stress and employee burnout

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Workplace stress and employee burnout are significant issues in many organisations. While they can affect anyone, at any time, those in leadership or management positions often cite burnout as mitigating factors in their decision to leave a role, or...

The right to flexible working

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While this change in legislation to allow UK staff to have the right to flexible working from day one is welcome, it is important to stress that it does not automatically give staff the right to work from home; rather that they can make a formal request....

Mass redundancy at Twitter

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The mass redundancy exercise at Twitter is another example of a laissez-faire approach to HR which can seriously harm employee morale and brand reputation. Whilst the majority of Twitter’s employees may be based in the US and Ireland, those...

Government announce plans to limit impact of future strikes

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There are many that will see this proposed change in the law as a long overdue solution to a decades old problem - a way to plug the gaps left by striking workers and ensure some continuity of service. At the same time, there is a balancing act the...

Employers on notice as rail strike approaches

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Clearly employers around the country are on notice of this strike action and the impact that it is likely to have. If they haven’t already, they should now be communicating with staff about how to avoid potential disruption. That could include...

Working from home and the "right to disconnect"

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The past year has transformed ways of working, with many of us commuting to our studies, spare rooms and kitchen tables rather than the office. With home working now likely to become a permanent fixture, the onus is on employers to amend their HR policies...

Supporting SMEs with redundancy reality

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UK businesses are sadly facing the harsh reality of financial viability in a pandemic landscape where government support stops at the close of October. Corporates spanning airlines, automotive, banks, retail, hospitality and utilities have already taken...

Managing personal relationships in the workplace

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While the coronavirus lockdown may have cooled some simmering office romances over recent months, it’s well known that many personal relationships are forged in the workplace. In 2018, the jobs website, TotalJobs found that 22% of people met their...

The new job support scheme doesn't go far enough

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Since the start of the coronavirus pandemic, the government has taken significant steps to try and protect the jobs of millions of workers across the UK. Between April and August of 2020, some 9.6 million people were placed on the government’s...

Redundancy guide for employees

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Facing redundancy at work can be a daunting and stressful prospect. However, you are not alone; the latest figures show that 96,000 people were made redundant in 2018 in the UK alone. No matter where you work or in what industry you work in, your...

Employment law update 2019

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There have been some key changes regarding the amounts that employees are entitled to from their employers including changes to the minimum wage, statutory payments and compensation limits for cases before the employment tribunal. It...

The re-introduction of employment tribunal fees

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Over the past decade employment tribunal fees have been a talking point; not only amongst practitioners who practice employment law but also the individuals who wish to bring claims and businesses who defend them. In 2013, the fees were introduced by...

Hiring Christmas temps? Know their rights

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With the festive season upon us, many companies are now looking for workers to ensure that they have sufficient cover for the busy Christmas period. According to the British Retail Consortium, 36% of retailers have plans to increase staffing over...

How to avoid employment tribunal claims

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According to Ministry of Justice statistics, single employment claims rose by 90 percent in the final quarter of 2017 compared to the same quarter the previous year. This increase follows the abolition of employment tribunal fees in July 2017....

Meltdown Monday: what can you do when your commute is cancelled?

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Rail passengers have been hit with widespread disruption on what is being called ‘Meltdown Monday’ after new timetables were introduced. Govia Thameslink Railway (GTR) which serves the Great Northern, Thameslink and Southern rail franchises...

Working 8 'til 4? - New survey shows UK workers want change to working hours

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A national poll by YouGov has found that two thirds of UK workers would prefer their day to start and finish earlier than the traditional 9 to 5. The most popular choice was an 8am to 4pm day - which was selected by 25 per cent of those polled....

Employment tribunal fees 'unlawful'

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The Supreme Court has ruled that fees imposed for those bringing employment tribunal claims are 'unlawful' in a groundbreaking case. The government introduced the fees in 2013 with the aim of reducing the number of malicious and...

Zero hours contracts can strengthen employment when used correctly

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Recent Office of National Statistics (ONS) data has revealed a sharp rise in the number of people working on zero-hours contracts to over 900,000. It is not the first time this contentious topic has made the headlines. Sports Direct recently caved into...

Choosing the right contract for apprentices

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From April 2017 all businesses with a wage bill of more than £3m will be subject to an apprenticeship levy of 0.5 per cent of the payroll. The aim is to “help create millions of opportunities for individuals and employers” according to the...

National Living Wage introduced

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As of 1 April 2016, the national living wage comes into effect which means that all workers aged 25 and over will be legally entitled to £7.20 per hour. The compulsory living wage is in effect a top up for those who already receive the national...

The Modern Slavery Act 2015

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What has your business done to ensure slavery and human trafficking is not happening in its operations or supply chain – and are you ready to publish your first legally-required Modern Slavery Act 2015 statement (MSA)? The legislation now...

The Autumn Statement 2015 for Pensions Lawyers

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With the Chancellor's speech on Wednesday still ringing in our ears, Philip Richardson provides his analysis on the most important features of the Autumn Statement 2015 for pensions lawyers. ...

Haringey Council settles dispute with former director of Children's Services

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In October, we learned that the long running dispute between Sharon Shoesmith, former director of Children’s Services and her employer, Haringey Council has ended with a final settlement in her favour. In August 2007, baby Peter Connelly was...

Employee shareholder contracts - a fair share?

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As of 1st September 2013 employers can offer a new type of employment contract which gives employees shares in the organisation. However these shares will come at a price. In exchange the employee will be asked to relinquish certain employment rights. ...

Stress levels rising among workers

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New research has uncovered rising stress levels among the UK workforce. This is somewhat unsurprising since we are going through the worst recession in living memory. Job security worries, money concerns and management issues came top of the stress...

Riots close tribunal

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With the worrying spread of the disorder and rioting across the capital and beyond, the impact on the judicial system has been immediate, not least with the closure of London (South) Employment Tribunal. The damage caused...

Five-star employee launches major discrimination claim

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A five-star hotel chain is being charged by a former employee after he claimed he was told to fire employees who were not “sexy” and “blonde,” a tribunal heard recently. Egyptian-born Amia Ismail, was...

Working fathers will 'reject new paternity laws'

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As Government reforms to paternity regulations come into force recently, 4 out of 10 men claim they will not be taking advantage of the reforms, a new study has revealed. Out of 1,000 men surveyed by price comparison...

Health warning at work

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PC David Rathband is suing the police force who he worked for during Raoul Moat’s attacks in July 2010 for their failure to protect his health and safety whilst on duty. It is a stark reminder of every employer’s implied...

A costly decision?

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The usual rule in Employment Tribunal claims is that each party will bear their own costs in respect of the proceedings. However, in certain circumstances the Employment Tribunal can consider whether it may be appropriate to make a costs award...

Rapid increase in 'malicious dismissal claims'

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UK employers are increasingly falling victim to instances of 'malicious dismissal claims' from disgruntled ex-employees. A survey by the Chartered Institute of Personnel and Development (CIPD) found that up to 60% of employers have experience of...

Huge payout for victim of racial discrimination

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A Brazilian office worker, who fell victim to racial abuse for a staggering 18 consecutive months, has been awarded more than £140,000 in compensation. The abuse directed towards former AXA PPP Healthcare worker Licia Faithful was...

Employers 'unprepared' for agency workers regulations

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With Agency Worker Regulations (AWR) to be introduced later this year, a worrying high number of employers are yet to assess how the legislation will impact on their workplace. According to research by recruitment firm Randstad, only 7% of UK...

Increase in stress levels at work

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Continuing economic frailties in the UK are ramping up instances of stress in the workplace, a new survey by the Trade Union Coordinating Group has found. Of 750 employees surveyed, stress levels increased or were increasing...

Who is the employer?

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An Employment Tribunal has recently heard that an Oxfordshire multi-millionaire sacked two of his staff in a fit of rage after Francisco and Maria de Sousa served his chicken dinner an hour earlier than expected. Mr Cash...

Redundancy suffers challenging payouts

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Employees ‘laid-off’ in recent times are increasingly taking their former employers to court to dispute the size of their redundancy settlements. Figures released this month show that the number of redundancy cases...

Paying for justice

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The coalition was dealt a blow in January 2011 when it was announced that over the past three months the economy had shrunk by around 0.5%. This revelation has led the government to propose wide reforms to the Employment Tribunal and employment...

Right to train?

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The Department for Business has recently issued a press release, announcing that the right to request time off work to train will not be extended to include all employees from April 2011. When the statutory right to request...

Cost of redundancies to soar for employers

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Since February 1st, employers will find it more costly to make workers redundant as the maximum caps on statutory redundancy pay and unfair dismissal compensation have increased. Employers have been spared annual increases in redundancy costs in...

Sex discrimination and harassment

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Shortly after the BBC lost its tribunal claim for age discrimination against presenter Miriam O'Reilly, another media channel, Sky Sports, is finding itself having to apologise over sexist remarks made by two of its presenters. ...

Never too old?

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Two recent events have once again catapulted the issue of age in the work place into the limelight. Countryfile host Miriam O'Reilly, now 53, has won her age discrimination Employment Tribunal claim against the BBC after they...

To be uninformed may pay in employment: TUPE

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The thought of your employment transferring to a new employer can be a daunting experience. However, it can be made ten times worse when you feel like you are being left in the dark. You may feel that you have many questions that are left unanswered such...

Speaking up: is it worth the risk?

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An employment tribunal has recently ruled that an Essex dinner lady dismissed after telling a couple their child had been bullied was dismissed unfairly. Carol Hill was suspended from her £125-a-month role at a Primary...

Wash your hands before going to tribunal

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The employment tribunals are becoming more strict in relation to the evidence presented by parties, especially when they believe they are being either economical with the truth or indeed out right lying to the Tribunal in order to progress a...

Compensation: money, money, money

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From 1st February 2011, the employment tribunals will be able to award claimants even more compensation if they are successful with a claim for unfair dismissal. The new maximum for a week's pay increases from £380 to £400 and the...