Archers Law Blog

New ‘Vento’ bands

New 'Vento' bands (compensation for discrimination) The new bands will apply to any discrimination claims issued on or after 11 September 2017 and will be:- lower band (less serious cases): £800 to £8,400 middle band: £8,400 to £25,200 upper band (the most serious...

Mental Health

Mental Health At Work At last mental health is getting the media coverage it needs to change peoples views and lift the stigma once associated with mental illness. An independent review on how employers can better support the mental health of employees, including...

Grieving Allowance

New leave allowance for grieving parents A Bill has been published last month which will entitle parents two weeks paid leave in the sad event that they lose a child under the age of 18. Currently, whilst employers are expected to be understanding and flexible where...

ET fees abolished!

Finally......Employment Tribunal fees abolished! The Supreme Court has handed down Judgment in the case commonly known as ‘the appeal against Employment Tribunal fees’. The court conclusively found that the fees prevented access to justice and that they...

Wage & Living Updates

National Minimum Wage and National Living Wage April 2017 The National Minimum Wage (NMW) is the minimum pay per hour most workers are entitled to by law. The rate will depend on a worker's age and if they are an apprentice. The National Living Wage The...

Interesting cases

Interesting Cases Panikulam Paulose v Synergy Health UK Ltd On 1 March 2017, an employment tribunal rejected an unfair dismissal claim brought by a worker who was caught using scissors to cut his fingernails while working in a sterile environment...

£25,000 award

£25,000 award for apprentice whose apprenticeship ended early An employment tribunal awarded £25,000 for breach of contract to an employee whose apprenticeship ended early. In the case of Kinnear v Marley Eternit Ltd t/a Marley Contract Services, the...

Holiday requests?

Holiday requests - when can an employer say 'no'? Its holiday time and employers usually find themselves receiving an increasing number of holiday requests. Whilst an employer may want to grant holiday requests, this simply isn't always possible....

New inheritance info

New inheritance tax limit: thousands will miss out unless they make this change! Thousands of families need to review their wills if they want to benefit from the Government's new inheritance tax allowance. Thousands of families who set up “discretionary...

Inheritance Claims

Inheritance Claims - Recent Court of Appeal ruling The right of people to leave money and assets to whom they wish in their will has just  been seriously undermined by a landmark court of appeal decision. A woman has been awarded £164,000 from her...

Zero-hours contracts

Exclusivity clauses in zero-hours contracts finally banned Some two months after claiming that they had been banned, the government has finally acted to outlaw the use of exclusivity clauses in zero-hours contracts from 26 May 2015. This and other...

Small Businesses

Help for small businesses? Sajid Javid, the new Business Secretary, has announced the creation of a new “small business conciliation service” which will aim to resolve payment disputes where that business is owed money by a large firm. Based upon an...

That’s entertainment!

That’s entertainment! The entertainment exemptions under the Licensing Act are now in force. Live music in premises licensed for the sale of alcohol, and for an audience of up to 500, no longer requires an authorisation. Karaoke is included within the...

Fines unlimited!

Fines unlimited! The cap on the maximum fine that can be imposed for many licensing offences has been abolished. The Magistrates’ Court can now impose an unlimited fine in respect of certain offences under the Licensing Act 2003, including allowing the...

Licensing Changes!

Last minute Licensing Changes! In the final throes of the current Parliament, the Deregulation Act 2014 has received Royal assent. The most important changes are the deregulation of live music in licensed premises, the increase in the number of Temporary...

Weather Warnings

Severe Weather Warnings - Is Your Business Ready? The UK has recently been experiencing the effects of a much publicised winter 'weather bomb'. As we come into the winter months, do not forget that your business may have to deal with the consequences of...

Shared Parental Leave

Shared Parental Leave & Pay What is Shared Parental Leave? At the end of 2014, new rights to allow parents to share leave following the birth or adoption of their child became law and shared parental leave is now available to parents with babies due on or after 5...

New Intestacy Rules

New Intestacy RulesFrom 1 October 2014, the Inheritance and Trustees Powers Act 2014 changes the way in which the assets of people who die intestate are shared among their relatives. The biggest change will affect married couples or registered civil partnerships where...

Holiday Pay

Hot off the Press – Holiday Pay to include overtime! The Employment Appeal Tribunal has today handed down Judgment in an extremely important case for Employers relating to Holiday Pay. The key points are :- 1. workers are entitled to be paid a sum of money to reflect...

Flexible Working

Flexible Working - changes in force on 30 June 2014Flexible Working – The key change this month is the introduction of the Flexible Working Regulations 2014 which will came into force on 30 June 2014.They are supported by an ACAS Code of Practice and a Guide to...

Barclays – Redundancy

Redundancies at Barclays Bank The news today reports that Barclays Bank have 'taken the axe' to its controversial investment banking division, and have said it would sack thousands of highly-paid bankers. A total of 7,000 jobs will apparently go in its investment...

ACAS

ACAS early conciliation complusoryFrom 6th May 2014, it becomes compulsory to notify ACAS of an intended tribunal claim before presenting an employment tribunal claim form. Since 6th April, ACAS early conciliation has been optional but from Tuesday it will be...

TUPE transfer update

TUPE transfer updateWith effect from today, the time period for a Transferor to provide employee liability information to a Transferee increases to 28 days before the transfer. Previously it was 14 days. This applies only apply to TUPE transfers that take place on or...

Statutory Sick Pay

Statutory Sick Pay no longer reclaimable from governmentWith effect from 6th April 2014, it is no longer possible for employers to reclaim statutory sick pay from the government.Previously, employers could reclaim any amount of SSP which exceeded 13% of its national...

Flexible working

Flexible working rights extendedAlthough awaiting confirmation, new flexible working rights are expected to be introduced on 30 June 2014. All employees, regardless of whether they have caring responsibilities or not, will have the right to request a different working...

Conciliation

Conciliation requirements from April 2014 The new requirements for Conciliation become operational from April 2014, and then they will be mandatory from May. There could also be a deluge of requests from employees once the new Flexible Working rights are introduced...

TUPE Rules Change

TUPE rules change as at 31 January 2014A new set of requirements affecting business transfers and outsourcing came into force on the 31st January.Changes at a GlanceRelevant transfersService provision changesChange 1: The activities carried out under outsourced or...

Liquor Licensing 2014

Liquor Licensing for the World Cup 2014 Will there or will there not be a blanket extension to Licenses for the England games during the World Cup in Brazil this year? Watch this space for when the Government make up their minds!! CONTACT US ////////// Chelmsford...

Romford CC Agency

Romford County Court Agency services for Solicitors We are an established firm based in the city centre of Chelmsford. We can supply fixed price agency services for other solicitors at Romford County Court. We will deliver a same-day report to you after the hearing...

Statutory Maternity Pay

New rates of statutory maternity pay and sick pay announcedThe Welfare Benefits Uprating Order 2014 has now been published. The Order sets the rates for statutory sick pay and statutory maternity, paternity and adoption pay from April 2014.The changes that come into...

Minimum Wage Fines

Maximum fine for non-payment of national minimum wage to increase to £20,000 The Government has confirmed that employers who fail to pay their workers the national minimum wage (NMW) will face an increased financial penalty of up to 100 per cent of the unpaid wages...

Child abuse dimissals

Child abuse a good reason for dimissal? Maybe not!Does the fact of an allegation against a school caretaker of child abuse, occurring prior to and outside of employment, amount to a substantial reason for dismissal? The Employment Appeal Tribunal (EAT) in dismissing a...

Restrictions on trade

Post termination restrictions on trade In the 'information age', may employees' relationships with clients be covered by restrictive covenants? Yes, the High Court decided in the case of East England Schools v Palmer. This case centred on an employee of an...

Court Fees

Potential hike in court fees for commercial disputes/litigation? Proposals put forward by the Ministry of Justice at the end of 2013 may result in higher fees for commercial cases. The MoJ commented that commercial cases often involve substantial sums of money, and...

Licensing – changes

Licensing – changes to stake and prize limits for gaming machinesThe Categories of Gaming Machines (Amendment) Regulations 2014 came into force on 15 January 2014. Stake and prize limits for all categories of machine except B2 were increased. Most notably, the maximum...

Penalties for Employers

Financial penalties for Employers - in force from 6 April 2014 From 6 April 2014 Employment Tribunals will have the power to fine an employer up to £5,000 (which is payable to the government) if they lose a claim and their case has "aggravating features", such as...

Fail to plan, plan to…

Fail to plan, plan to fail.... Earlier this year a raft of changes to the Civil Procedure Rules were introduced under the banner of “the Jackson reforms”. 6 months later a picture is emerging as to the impact those changes will have upon anyone unfortunate enough to...

Third party harassment

Third party harassment From 1 October 2013 the third party harassment provisions which were found in s40 of the Equality Act 2010 have been repeald. Transitional provisions mean that they will still apply to acts which occurred prior to 1 October. The third party...

Employee Dismissals

Dismissing an employee for gross misconduct after an inadequate investigation was victimisation A recent EAT decision highlights that even an admission of gross misconduct from an employee is no guarantee that dismissal will be fair. The EAT agreed with an employment...

Employee misconduct

Employee misconduct: carrying out a reasonable investigationBusinesses should take note of a Court of Appeal decision that focused on the level of investigation that an employer may be expected to undertake where there is an alleged theft or act of dishonesty by an...

Personal Licences

Government consults on abolishing personal licences The Licensing Act 2003 introduced the concept of a “split” licence, i.e. a personal licence which an individual could take with them wherever they worked, and a separate licence for the premises itself. However the...

Is a company insolvent?

When is a company truly insolvent? Anyone working in a commercial environment will know that a company is deemed to be insolvent if it is unable to pay its debts as and when they fall due. For many companies this may be true to some extent at any time! Are they then...

Schools Appeals

CONTACT US ////////// Chelmsford Office78 New London RoadChelmsfordEssexCM2 0PDTel: 01245 216888Fax: 01245 216880 At Archers we aim to make our service as accessible as possible to all our clients and always give the best advice we can. Please feel free to contact us...

New Financial Penalties

New Financial Penalties for EmployersThe new provisions relating to financial penalties on employers come into force in respect of any tribunal claim presented on or after 25th October 2013. Here's what they say...Where an employment tribunal concludes that an...

Unfair Dismissal

New cap on level of compensation in Unfair Dismissal cases The new cap for unfair dismissals is now also in force, and will be the lower of 12 months’ pay or £74,200. While the £74,200 cap bites most for those on higher salaries, the 12 month’s pay cap will have a big...

Dismissals

Actions of the Employee after a dismissal can be relevant! In another case involving consideration of events after dismissal, Cumbria County Council & Anor v Bates, the Employment Appeal Tribunal (EAT) held that where a teacher was convicted of common assault...

New Minimum Wage

New Minimum Wage – October 2013 Minimum Wage Increase From 1 October 2013, wage rates increases are as follows: Apprentices to £2.68 per hour, For those aged 21 and above, from £6.19 to £6.31 per hour. For those aged between 18 and 20, from £4.98 to £5.03 per hour....

Shareholders

Employee Shareholder Agreements On 1st September 2013 the controversial and much talked about ‘Employee Shareholder Contracts’ come into force in the UK requiring employees, in return for equity in the business, to give up rights to redundancy payments, flexible...

Court Agency Service

New Court Agency Service for Solicitors at Chelmsford County Court We are an established firm based in the city centre of Chelmsford. We are located just across the road from the Chelmsford County Court so we can often deal with last minute matters on your behalf. We...

Settlement Agreements

New Settlement Agreements and Employment Tribunal fees New Settlement Agreements come into effect from 29 July 2013 and have replaced the old Compromise agreements which have been common place for a number of years. Also on the same day the controversial new fees...

Consumer Protection

Consumer protection from unfair commercial practices Businesses that sell directly to consumers should be made aware of a Court of Appeal decision which held that a "commercial practice" can refer to a single act or incident, as well as repeated conduct. This case...

Age discrimination

Age discrimination: mandatory retirement at 65 objectively justifiedAn employment tribunal has decided that a law firm's mandatory retirement age of 65 for partners was a proportionate means of achieving the legitimate aims of workforce planning and staff retention....

Work Discrimination

Discrimination within the workplace: victimisation Businesses faced with employees making repeated unsubstantiated complaints of discrimination will have to think twice before dismissing them following a Employment Appeal Tribunal (EAT) decision. The EAT held that the...

Redundancy Selection

Redundancy selection criteria must not discriminate against employees that have taken parental leave The European Court of Justice (ECJ) has ruled that an employer's redundancy selection exercise must not discriminate against workers who have taken parental leave. In...

Alcohol Strategy

Government responds to Alcohol Strategy Consultation On 17 July 2013 the Government published its response to the ASC, which had canvassed opinion from the trade, health and crime reduction bodies and local authorities on various proposals aimed at reducing the damage...

Business Sense

A Common Sense approach to business?A recent Court of Appeal judgment dealing with the construction of contractual terms has recently been published. The Court held that the “business common sense” test should only be applied where there is a genuine ambiguity as to...

Civil Procedure Rules

Changes to the Civil Procedure Rules For cases issued after 1 April 2013 a raft of changes have been introduced to the Civil Procedure Rules which affect the way in which cases are managed both by the Court and the Parties. The most noticeable changes are the...

Time and Law….

Time and Law wait for no man.... A recent High Court judgment has highlighted the stricter approach now to be taken by the Courts in dealing with parties who fail to comply with procedure rules and directions. In Venulum Property Investment v Space Architecture &...

Minimum Wage

Increases in the national minimum wage Increases in the national minimum wage will take effect from 1 October 2012. The new hourly rates are as follows: Standard (adult) rate - £6.19 Development rate (workers aged between 18 and 20): £4.98 (rising from £4.92). Young...

From April 2013…

From April 2013...Reduction in Redundancy ConsultationFrom April 2013, the statutory consultation period for large scale redundancies of 100 or more employees will be reduced from 90 days to 45 days which should ease the pressure for larger employers experiencing...

Agency Workers

Agency Worker Regulations 2010 The Agency Worker Regulations 2010 are due to come into force on 1 October 2011 and will give greater rights to agency workers. After 12 weeks working in the same role, an agency worker will be entitled to the same basic working and...

PAYE Changes

PAYE Changes From April, a phased introduction of Real Time Information (RTI) will require employers to submit payroll data to HMRC online on or before payments credit employees’ bank accounts. Most employers will no doubt need to do some work in to ensure compliance...

Parental Leave

Increase in Parental Leave The Government has also stated that before March 2013 it will implement the EU changes, increasing the amount of unpaid parental leave for working parents from 13 weeks to 18 weeks. CONTACT US ////////// Chelmsford Office78 New London...

Redundancy

Reduction in Redundancy ConsultationFrom April 2013, the statutory consultation period for large scale redundancies of 100 or more employees will be reduced from 90 days to 45 days which should ease the pressure for larger employers experiencing difficulties. CONTACT...

Weekly Pay Update

From 1st February 2013... A week’s pay (used for calculating statutory redundancy payments and basic unfair dismissal awards) will increase from £430 to £450. This increases the maximum amount to £13,500. The maximum compensatory award for unfair dismissal will rise...

CONTACT US

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Chelmsford Office
78 New London Road
Chelmsford
Essex
CM2 0PD
Tel: 01245 216888
Fax: 01245 216880

At Archers we aim to make our service as accessible as possible to all our clients and always give the best advice we can. Please feel free to contact us online, by phone or by post.

We aim to answer all enquiries as soon as possible but, if your matter requires urgent attention, we would encourage you to call us directly.

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