Welcome to the Canter Levin & Berg Employment Solutions Blog

Law Commission report on employment tribunals reform

The Law Commission has published its report into Employment Law Hearing Structures and made some significant and, in my view very sensible proposals. The report runs to 212 pages so I’ll just highlight a few of the key points, which I think would be welcomed by employment law practitioners and tribunal users alike. Time limits…

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Is length of service a relevant consideration for wrongful dismissal?

In East Coast Main Line Company Limited v Mr J Cameron the questions considered by the Employment Appeal Tribunal were whether the judgment of the Employment Tribunal, based on the facts, was perverse, and whether the Tribunal should have taken into account Mr Cameron’s long service when considering his claim for wrongful dismissal. Mr Cameron…

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£4.7 million award for disability discrimination

A former NatWest bank employee has been awarded a record £4.7 million for unfair dismissal and disability discrimination, with the award recently confirmed in the Employment Appeal Tribunal. The claimant, known in the tribunal proceedings as “AB” worked for NatWest (subsequently Royal Bank of Scotland plc) from 2008 until her resignation in 2014. In August…

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Coronavirus – The next 4 weeks…

Crikey! The world is changing before our eyes. Only a few weeks ago, a typical commute to work on the train was an environment full of people in various states of boredom, tiredness or, alternatively, being noticeably transfixed with their phones or Kindles. Now, in the midst of the coronavirus outbreak, it is a place…

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Coronavirus – More questions than answers…

I’ve not written much about coronavirus previously because, frankly, whilst my blogs tend to be topical, it felt overly opportunistic. However, in the last 7 days, the number of calls and emails I’ve received from concerned employers and, in recent days, from employers with fears of members of staff displaying potential symptoms, has sky-rocketed. Overall,…

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The power of interpretation: The Bible versus Employer Handbooks

One of my closest friends, and ongoing victim of my slight obsession with Parkrun, is currently involved in planning events at Liverpool John Moores University’s Christian Union.  Naturally, within recent weeks, this has led to many discussions about the Bible within our shared early morning car journeys to the aftermentioned Parkruns. Most of the discussions…

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Illness, heavy lifting and unpredictability – How NOT to deal with pregnant individuals

Employment Law is a HUGE area.  I mean, after all, I never struggle for a blog-related topic due to Employment Law covering everything from unpaid ‘discretionary’ bonuses, unfair dismissal, unreasonable denial of job vacancy due to disability, discrimination due to being a part-time worker, breach of contract due to pension-related ageism and, of course, discrimination…

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‘Jack’s Law’ provides two weeks’ statutory paid leave to bereaved parents

The government has published the statutory instruments which implement two weeks’ paid bereavement leave for parents upon the death of a child under the age of 18. The Parental Bereavement (Pay and Leave) Bill and  the Statutory Bereavement Pay(General) Regulations 2020 and will come into force as of the 6th April 2020. This new legal…

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Should Batman work in HR?

Last night, I watched the middle half of The Dark Knight Rises (the final Christian Bale Batman movie). It wasn’t planned and we didn’t even finish the move as it was part of a social evening with guests which ended in a random film to half chat over. However, there was one scene which caught…

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Dismissed for saying that men are men and women are women

As I mentioned in the introduction to last month’s newsletter, the end of 2019 brought with it the most-talked about employment case of the year, even though it was a tribunal decision rather than coming from one of the higher courts, and is therefore not binding on other tribunals. Those (like me) who follow current…

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IR35 – Government creates confusion over payroll taxation from April 2020 onwards…

IR35. If you know what the code refers to, you’re probably stifling a little groan. If you don’t, then I have the narrative role of explaining that IR35 legislation seeks to allow HMRC to demand that individuals who are ’employees in all but name’ as treated as if they are an employee (rather than self-employed)…

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The Italian Job – How driving an Alfa Romeo relates to Settlement Agreements

I’ve recently returned from a New Year’s break driving an Alfa Romeo around Lake Como. Before that sounds too glamorous, let’s dial it back a bit and state that, firstly, we were in a small (but cute) apartment in a secluded spot next to the lake and, secondly, that we were upgraded for free three…

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Costa Rica or bust – Lengthy periods of annual leave

A close friend is travelling to Costa Rica for nearly 3 weeks in the near future. Fortunately for him, his employer is very flexible in relation to lengthy periods of annual leave, so he can concentrate on more important matters, which include putting together a lengthy recommended inventory (containing over 50 items!) and receiving a…

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Former chambermaid wins unfair dismissal claim after being sacked for having ‘dementia or Alzheimers’

Wendy Boyle was employed by the Respondent Steve Brundle, a Director of North Norfolk Ltd who are owners of the Dormy House Hotel, West Runton.  Mrs Boyle was employed from September 2015 – February 2018, seemingly without issue, until Mr Brundle dismissed her stating that he had no further need for a chambermaid as he…

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