Have You Been Accused Of Misconduct

Conduct is a potentially fair reason for dismissal so, if an employer has accused you of misconduct, you should get independent legal advice to ensure your employment rights are protected.  Gillian Reid, Head of Employment at Ware & Kay in York, Wetherby & Malton , looks at what you need to do if you are facing disciplinary proceedings for misconduct. Misconduct is unacceptable or improper behaviour.  Cases of minor misconduct, such as lateness, are usually dealt with informally.  If informal resolution fails or the matter is more serious, your employer will normally take formal action.  Gross misconduct is the most serious type of conduct and includes theft, fraud, fighting, drunkenness, harassment, serious negligence and serious breach of health and safety rules.  It can result in the termination of your employment without notice or pay in…

Employment Law Newsletter February 2017

In this newsletter, we outline updates which will take effect from April, summarise the government's recent review of Employment Tribunal fees and look at 2 recent cases dealing with Rest Breaks and Redundancy Consultation, plus a brief mention of a recent case on employment status. Updates from 6th April 2017 National Living Wage For workers age 25 and over   £7.50 per hour For workers age 21 - 24          £7.05 per hour For workers age 18 - 20          £5.60 per hour For workers age under 18        £4.05 per hour The apprenticeship rate           £3.50 per hour   Parental payments (Provisional figures) Statutory maternity Pay (after the first 6 weeks), paternity pay and adoption pay will rise to £140.98 per week. Statutory Sick Pay (Provisional figures) SSP will rise to…

Age Discrimination In The Workplace

As school leavers and graduates compete with an aging population who need or want to work longer, there is an increasing risk to employers of employees bringing claims against them for age discrimination where they believe their career prospects have been adversely affected by how old they are. In this article, Gillian Reid, employment lawyer at Ware & Kay in York, Wetherby & Malton , outlines the main provisions of the law on age discrimination, contained in the Equality Act 2010, and explains the steps you, as an employer, can take to avoid falling foul of the rules. Discrimination in recruitment Job applicants are protected from age discrimination. Before publishing a job advert, you need to look carefully at the language you intend to use to check whether it might put off a potential candidate…

Autumn 2016 Employment Law Update

This is a round-up of the main employment law changes that have recently come into effect, including those taking place from Autumn 2016.  Gillian Reid, Head of Employment at Ware & Kay Solicitors in York & Wetherby, outlines the main changes and the action you need to take as a result. National minimum wage rises The national minimum wage is reviewed every year and traditionally any increases come into force in the autumn.  The new hourly rates from 1 October 2016 are: adult rate (21 to 24): £6.95; youth development rate (18 to 20): £5.55; young workers' rate (16 and 17): £4.00; and apprentice rate: £3.40.   It is understood that these rate changes will only apply for six months because the government has decided to align all further changes with the national…

Brexit What Next For Employers

We are living in unprecedented times. The historic decision of the UK electorate  to leave the European Union, has resulted in a period of uncertainty about  the implications of Brexit for workers and businesses in the UK and their future relationship with the EU. A key concern is the impact on migrant workers. Currently, EU citizens can live and work in the UK without the need for work permits or visas.  Although Brexit might eventually mean an end or restrictions on this free movement of people, any changes are yet to be decided.  In the meantime, both employers and employees will be looking for reassurance for what it means for them. Gillian Reid, Head of Employment at Ware & Kay Solicitors in York, Wetherby & Malton , advises employers on what to expect and what…

Negotiating An Executive Severance Package

If you need to part company with a director, for the good of the business, it may not be appropriate to follow your disciplinary procedure.  Gillian Reid, Head of Employment in York & Wetherby, looks at the issues you should consider, especially if you need to achieve a quick exit with minimal disruption to the business and no publicity. Reason for the termination Two of the most common reasons for terminating a director's contract are poor performance, leading to the board losing confidence in the director, and a personality clash. You should first decide what the reason is for the exit, as it will have an impact on the claims the executive may have and therefore on the level of compensation you could have to pay.  For example, you must consider whether the director has…

Making A Formal Complaint At Work

Most people will experience a concern about their work, working conditions or a colleague at some point in their working lives.  Gillian Reid Head of Employment at Ware & Kay in York, Wetherby & Malton advises how handling it properly can mean that it can be resolved quickly, before it escalates.  If you have a problem at work, how should you tackle it? Do you have a grievance? A grievance is a problem or concern that you have about your work, working conditions, pay or relationships with colleagues.  For example: you believe that your overtime has been calculated wrongly and you have been underpaid; you feel that your workload is excessive and you are struggling to cope; a colleague is harassing you because of your religion; or following an illness or injury, you would…

Tackling Pregnancy And Maternity Discrimination In The Workplace

As an employer it can be difficult to balance the needs of your business with the rights of employees. This is particularly true in relation to pregnancy and maternity rights.  However, most employers would agree that it is in their interests to support employees who are pregnant or on maternity leave. If an employee feels they have been treated unfairly due to their pregnancy or maternity leave, they may be entitled to make a discrimination claim. Gillian Reid, employment law specialist at Ware & Kay Solicitors in York & Wetherby, looks at the rights of pregnant employees, and those on maternity leave, and advises how employers can avoid discrimination claims. The different types of discrimination Pregnancy and maternity are protected characteristics under the Equality Act 2010, which prohibits discrimination in the workplace. Pregnancy and maternity…

Employment Law Changes April 2016

Employment law is always changing and, as an employer, you need to stay up to date with developments in order to ensure that you are acting lawfully. Most employment law changes take place in April and October each year. Gillian Reid, Head of Employment at Ware & Kay Solicitors in York & Wetherby, looks at what is happening in April 2016 and what you need to do. National living wage The introduction of the national living wage on 1 April 2016 is the biggest change to occur in April. It will be payable to workers who are aged 25 and over and the initial rate will be £7.20 per hour. It is effectively a top-up rate of the national minimum wage. It has been estimated that 50 per cent of employers will need to increase…

Latest Employment News Blog 2016

NEW: National Living / Minimum Wage - 1st April, 2016 The National Minimum Wage (Amendment) Regulations 2016 have been made, and come into force on 1 April 2016. The new minimum wages from 1 April 2016 will be:- age 25+ - £7.20ph (the National Living Wage) 21-25 - £6.70ph 18-21 - £5.30ph <18 - £3.87ph apprentices - £3.30ph   If you have any questions please contact our Employment Law Solicitor Gillian Reid on: 01904 716050 or Gillian.Reid@warekay.co.uk   Employment Advice articles