Welcome to the Canter Levin & Berg Employment Solutions Blog

An employee’s right to privacy – are your emails protected?

One of the most common issues encountered by employers today is whether emails sent by employees are able to be used in disciplinary proceedings against them.  Are they the private property of the employee or can an employer use them as evidence if they have an effect on their employees/the workplace? In the case of…

Read more

Restrictive Covenants

Employers often choose to insert restrictive covenants into their employment contracts as a mechanism to protect their business interests when their employees leave. They are generally more appropriate for those more senior employees who have access to confidential information and/or have key relationships with clients, suppliers or other employees. However, it appears that more and more employers are…

Read more

Initial reaction to the introduction of the national living wage

Further to my previous blog post about the introduction of the national living wage (NLW), I was interested to read that not all of us think the effective increase to the national minimum wage will have a positive impact on the UK or its employees. You will by now probably be aware that larger businesses…

Read more

A Guide to the National Living Wage

If you have had the opportunity to read my previous blog post ‘Key Employment Law Changes’, you will be aware that from 1st April 2016, all employers are under a duty to comply with new obligations under the ‘National Living Wage’ regulations. It is important that small business owners in particular are aware of the…

Read more

Key employment law changes

As you may or may not be aware, each year in April the Government introduces new legislation in respect of employment rights and responsibilities.  Below is a summary of the key changes being implemented this month. National Living Wage From 1st April 2016, workers aged 25 and over are entitled to the ‘national living wage’…

Read more

Employment Tribunal holds that dyslexia is a recognised disability

A Starbucks employee has won a disability discrimination case against her employers after problems arising from her dyslexia led her to make mistakes. Meseret Kumulchew was a supervisor at a Starbucks branch and one of her duties included taking the temperature of fridges and water at specific times and then entering the results in a…

Read more

What is a reasonable period to ‘lay off’ your employees?

One of the most important and often useful clauses within a contract of employment for employers in any trade is the ‘lay off/short-time working clause’. For those that are not aware, such a clause would usually entitle an employer who suffers a downturn in the work available, to either reduce the hours of the affected…

Read more

Exclusion from voluntary redundancy of director aged over 50 was discriminatory

Mr Donkor was born in 1960 and started his employment with the Royal Bank of Scotland in 1978. He worked through the ranks and, from 2003, was employed as a regional director in retail banking. In 2012 there was a bank restructure which effectively meant that all existing regional directors would have to go through…

Read more

Is an instruction to speak English discriminatory?

In recent years there has been a much-increased tendency for foreign workers and non-nationals to gravitate to particular types of work and workplaces. Admittedly limited analysis suggests that migrants from the European Union tended initially mainly to take factory jobs, seasonal farm work and cleaning jobs. More recently there has been a notable diversification into…

Read more

Balancing sickness absence and disability issues

Ever since the enactment of the Disability Discrimination Act 1995, now subsumed within the Equality Act 2010, there has been an uncomfortable overlap between dealing with ill-health incapacity as a potentially fair reason for dismissal and dealing with protection from disability discrimination. For example, the same facts might justify a fair termination of employment in…

Read more

Online assessments and discrimination

There is an increasing tendency for employers to use online services in order to carry out HR related functions, including assessments, job interviews and appraisals. This can be daunting even for the most confident and well-equipped candidates and employees. I have recently witnessed such a process in action, with an international employer using an American…

Read more

Summary dismissal following disclosure of confidential information

It is generally (and sensibly) thought that summary dismissal without notice should only occur in the most clear cut cases. In Farnan v Sunderland Athletic Football Club Limited the High Court considered the circumstances in which such action might be considered appropriate, as well as shedding light on the somewhat unappealing aspects of the football…

Read more