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13 October 2021
Paperwork. Confirm that both parties have received/issued and understood all the necessary paperwork, including MATB1, notification of dates on which maternity leave starts and ends, and confirmation of SMP/contractual maternity pay. Workload and handover. Discuss employee's workload and the handover process. If maternity cover has been recruited is there going to be an overlap between the two employees for handover purposes? If it has been decided no specific maternity cover is required, how is the work that needs to be covered being split up? Has the employee met with any members of staff who will be taking on work from…

11 October 2021
The distinction in employment law between the three categories of employee, worker and self-employed independent contractor is significant for a number of different reasons, including: Employers and employees have obligations that are implied into the contract between them (for example, the mutual duty of trust and confidence). Some core legal protections only apply to employees, most particularly the rights on termination of employment granted under the Employment Rights Act 1996 (ERA 1996) (the right not to be unfairly dismissed and the right to receive a statutory redundancy payment). However, workers are also covered by some important protections including in…

06 October 2021
If several employees request a change to homeworking or hybrid working and not all can be accommodated, there is no clear answer as to who should have priority. Preference should be given to those employees who have statutory rights to be considered; for example, workers with disabilities, those eligible under the flexible working legislation and those who might have a discrimination claim (although this does not mean that the employer should automatically prioritise women, as this would in itself constitute sex discrimination against men). As between these groups, the priorities will depend on the exact circumstances including the type of work and whether working from home is necessary…

30 September 2021
There is no requirement for an employment contract to be in writing. The parties may have entered into an express agreement orally or they may have tacitly entered into an agreement through a course of conduct. Sometimes, there will be a written contract but it will not contain all the terms. In such cases, the conduct of the parties will be relevant to the construction of the contract. In Maggs (t/a BM Builders) v Marsh [2006] EWCA Civ 1058, the Court of Appeal considered what principles should apply to the construction of oral contracts and concluded that it is permissible to have regard to what happened after the…

28 September 2021
The legal issue that would arise here is whether the dismissal of the selected employee is fair and otherwise lawful (for example, not discriminatory). In terms of fairness of dismissal, it is likely that the employer would need to rely on some other substantial reason (SOSR) as the potentially fair reason for dismissal.  Personality clashes or irreconcilable differences between colleagues can amount to SOSR. As you will see, a tribunal would need to be satisfied that the conflict was causing substantial disruption to the business, and that alternatives to dismissal had been exhausted.   The more difficult question is how the…

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excello law partners employment lawyers londonPartners Employment Lawyers is not a firm of solicitors. Members of Partners Employment Lawyers are consultants at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 652733. https://excellolaw.co.uk/