Browne Jacobson’s experienced employment and pension lawyers and HR consultants understand the challenges faced by public sector organisations.
We deliver expert advice and strategic support on a full range of projects with employment implications. Working in partnership with your HR and management teams we’ll help reduce the likelihood of employment disputes – and risk and manage your obligations as a public sector employer.
We can also advise you on the commercial employment law implications of Brexit, including issues relating to immigration and licences to sponsor. When appropriate, our employment and pensions experts will also be called upon to support public procurement projects, specifically in relation to TUPE.
Our specialisms include:
We supported a local authority Chief Executive to manage their relationship with a Section 151 Officer, avoiding an irretrievable breakdown.
We’re advising a non-departmental public body on a move from its current Covid-enforced homeworking arrangement to a true hybrid working model. We provided an options appraisal on contractual, tax and physical space issues to help them make an informed decision.
We’ve advised a number of NHS Trusts on the statutory requirements of the NHS Pension Scheme, and eligibility to participate in other public sector pension arrangements, together with automatic enrolment requirements.
We advised Bedfordshire Fire and Rescue Service in relation to the over- and underpayment of pensions to firefighters.
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
In the Autumn Statement delivered on 17 November, rises to the National Living Wage and National Minimum Wage rates were announced, to take effect from 1 April 2023.
The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
A few weeks ago we brought you news that following the Government’s mini-budget it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 would be scrapped from April 2023.
In Mogane v Bradford Teaching Hospitals NHS Foundation Trust the Employment Appeal Tribunal (EAT) considered whether it was fair to dismiss a nurse as redundant on the basis that that her fixed-term contract was due to expire before that of her colleague.
The majority of people do not feel the need to embellish their CV to get that coveted position and move on up the career ladder. Their worthiness and benefit to the hiring organisation are easily demonstrated through the recruitment process – application, psychometric testing, selection day or interview.
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
The Chancellor’s recent mini-budget provided a significant announcement for business as it was confirmed that the off-payroll working rules (known as “IR35”) put in place for public and private sector businesses from 2017 and 2021 will be scrapped from April 2023.
The Government has published the Retained EU Revocation and Reform Bill which, if passed, provides for the revocation of all “EU-derived subordinate legislation” (i.e. UK statutory instruments which were introduced to implement EU law) and retained direct EU legislation on 31 December 2023, unless legislation is specifically introduced to save them.
The Employment Appeal Tribunal’s recent decision in the case of Mr Michael Cowie & Others v Scottish Fire and Rescue Service provides a useful insight into favourable - or unfavourable - treatment in the context of discrimination claims.
This month, HM Treasury issued a consultation on Administrative Control Process for Public Sector Exits with draft guidance. They’re proposing to introduce an expanded approvals process for employee exits and special severance payments, and additional reporting requirements. If approved, the proposals will impact public sector bodies and those that do not have a specific right to make exit payments.
In Wierowska v HC-One Oval Limited, the Employment Tribunal had to determine whether the Claimant’s beliefs in relation to Covid-19 vaccines amounted to religious beliefs for the purposes of the Equality Act 2010.
As of 21 July, two separate pieces of legislation came into force which seeks to mitigate against strike action. It should come as no surprise that this is a direct response to the rail strikes, which have dominated the news in the last couple of months.
We have seen a flurry of recent EAT and ET decisions demonstrating the difficulty that employers face in trying to balance different protected characteristics in the workplace. In this article, Lucinda Chaplin and Will Carter, associates in our employment team, explore the principles from these recent cases, and the workplace implications of them.
With menopause cases reaching Employment Tribunals at a record rate, there had been speculation about whether the Equality Act 2010 (EqA 2010) could be amended to include specific protection for menopause.
On 7 May 2022, the Equality and Human Rights Commission (EHRC) tweeted “Discussions continue on whether ‘long Covid’ symptoms constitute a disability. Without case law or scientific consensus, EHRC does not recommend that ‘long’ be treated as a disability.”
The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.
Menopause has become an increasingly discussed topic, with high-profile women talking about their own experiences across a variety of media channels. As awareness is rising in the public arena, it has highlighted the question on how the menopause should be treated at work and what employers should be doing to support their employees affected by menopause.
Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.
Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.
Where employees are absent from work due to sickness for more than 7 days, they need to provide reasonable medical evidence in respect of that absence for statutory sick pay purposes – this is most frequently satisfied through the provision of a Statement of Fitness for Work, otherwise known as a Fit Note.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
In this on-demand webinar, the second in our ‘Managing the impact of difficult behaviour’ series employment expert, James Tait and regulatory-specialist Ros Foster come together to discuss the use of social media and vexatious behaviour, and the tools that the law provides to help manage such situations.
Spain has recently approved draft legislation which proposes that workers who suffer from severe period pain should be entitled to 3-5 days’ medical leave per month, which would be paid for by the state. The legislation has not yet been passed, but if it is, then it would make Spain the first European country to provide a legal entitlement to menstrual leave.
The Queen’s Speech missed the long-promised Employment Bill, instead the Future of Work review and an inquiry was announced - what does this mean for employers?
Whistleblowing claims continue to grab headlines. We provide a recap of whistleblowing tribunal decisions from 2021 and looking ahead to possible changes in 2022.
In our Employment Survey 2021: Focus on Flexibility, we looked at a number of working developments including the notion of a four-day working week.
As we move into 2022, we take a look at what employment law developments may be on the cards for the coming year.
The issue of equality has remained high on the agenda during the pandemic. The #MeToo and Black Lives Matter movements have increased awareness of gender and race equality issues across all of society. Our survey indicated there was still a significant number who were making changes either for gender or race or both.
A look at survey responses on plans to revisit social media policies, including discrimination claims from 2021, as well as some of the issues to consider in social media misconduct cases.