Employment Law | Mayo Wynne Baxter

Access to Justice

family law

In 2013 the Government introduced a fee regime in Employment Tribunals whereby individuals now have to pay a fee if they want to bring a claim against their employer, or, more often than not, their former employer. Although there is a remission scheme under which individuals can apply for fee exemption, the application process and… Read the rest of this post (No Comments)

Effective Performance Management

Employment tribunal

The aim of any performance improvement process (PIP) should be to help an employee meet the standards that are expected of them, but if their performance doesn’t improve and they are ultimately dismissed what factors will an Employment Tribunal be concerned with as to the fairness of that dismissal? It is imperative that an employer… Read the rest of this post (No Comments)

Pay and Pay Equality

£50 in hand

The British are notoriously bad at discussing money, so the stereotype goes, but pay and pay equality have very much been in the news in recent weeks. HMRC have released details of the (frankly ridiculous) reasons some employers gave for not paying their workers the minimum wage and at the other end of the spectrum… Read the rest of this post (No Comments)

Status – What’s in a name? Part 2….

uber-app

In July 2016 we wrote about the importance of determining a person’s correct employment status by referencing an Employment Tribunal claim that was being pursued by a number of Uber drivers. The decision of the London Central Employment Tribunal hearing  was handed down on Friday 28 October 2016 and has been widely reported in the mainstream… Read the rest of this post (No Comments)

The first steps to having a healthy work/life balance

Woman looking out at sea (rear view)

Do you struggle to switch off from work in your spare time? Find yourself checking your emails whilst sat watching the TV or between cooking dinner for the kids? In an age of technology takeover and busy schedules, it’s sometimes hard to find the perfect work/life balance and knowing when to focus your attention elsewhere…. Read the rest of this post (No Comments)

What’s new in employment law?

employment-law-ad

National Minimum Wage The 1st October 2016 bought with it an increase in National Minimum Wage (NMW) rates whilst  the National Living Wage remains static at £7.20 per hour. One hundred and ninety eight companies who breached the NMW legislation were named and shamed in August 2016, with many of those subjected to a heavy… Read the rest of this post (No Comments)

What is reasonable?

Most employers will be aware that if a disabled person is placed at a substantial disadvantage in the workplace there is a duty to make reasonable adjustments to alleviate that disadvantage but the question of what is and isn’t reasonable is often a matter of dispute. A person is disabled if they have a physical… Read the rest of this post (No Comments)

Equal Pay

£50 in hand

Despite The Equal Pay Act 1970 prohibiting differences in pay between women and men who carry out work of a similar kind, the Institute of Fiscal Studies has recently published a report confirming that there is still, 16 years later, a gender pay gap and that this gap widens when mothers return to the workplace… Read the rest of this post (No Comments)

How soon is too soon?

Pregnant woman at work using telephone smiling

It was reported by the BBC last week that the Manager of Reading Women’s Football Club, Kelly Chambers, returned to the workplace just 12 days after giving birth but employees and employers should avoid following this example if they want to stay within the boundaries of the law. Working in the first two weeks after… Read the rest of this post (No Comments)

What is trust and confidence?

Collaborative Law

There is an implied obligation on both employer and employee not to act in any way that is calculated to, or likely to, breach trust and confidence. The concept of trust and confidence has developed over time through case law and can encompass a wide range of factors. While it is a mutual duty, allegations… Read the rest of this post (No Comments)