Bullying and harassment at work

There is no specific legal definition for bullying but it is often described as behaviour that is offensive, intimidating, malicious or insulting. It can include an abuse or misuse of power, treatment intending to undermine and humiliate an individual or purposively excluding someone from certain activities. Harassment is defined legally as unwanted conduct relating to certain protected characteristics such as age, race, religion, sex, and sexual orientation. Protection under the Law You cannot pursue a claim in the Employment Tribunal for bullying alone. Rather, bullying behavior may form part of another claim being sought, in particular in constructive dismissal, where…

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Failure to give statement of particulars of employment

Under section 1 of the Employment Rights Act (ERA 1996), employers must provide employees whose employment is to continue for more than one month with a written statement of certain terms of their employment. If the employer fails to do so, then an employee can include this breach as part of a substantive claim they may have, such as a claim for unfair dismissal. Where the substantive claim is successful, and at the time the claim was brought the employer was in breach of their duties under s1 of the ERA 1996, the tribunal must make an award equivalent to two weeks' pay. Alternatively, if…

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Breaching the ACAS code on disciplinary and grievances – the consequences!

For certain claims, the employment tribunal has the power to increase or reduce compensation if either party are found to have unreasonably failed to follow the ACAS code. This uplift or reduction can be up to a maximum of 25%. However, this only applies in claims made by Employees. The tribunal cannot adjust the level of compensation if the claim is brought by a worker or self-employed individuals. It should also be highlighted that this power can only be used in respect of certain claims, but this does include unfair dismissal and discrimination claims. It is therefore important that all…

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BREAKING NEWS: Supreme Court rules employment tribunal fees are unlawful

The Supreme Court has today ruled that employment tribunal fees are unlawful. This will mean the Government will be forced to repay more than £27m paid by employees for cases around unfair dismal, discrimination and other workplace issues since July 2013. The government introduced fees in 2013 to reduce the number of malicious and weak cases. Trade union Unison argued that the fees prevented workers getting access to justice. The Supreme Court also found fees were indirectly discriminatory to women.

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Injustice and the rich and famous: How reliable!

Even the rich and famous are subjected to sex discrimination and equal pay issues. I would like to say that I am surprised, but after 20 years as an employment lawyer in the City, sadly I am not. There are endless women who have passed through our offices to sign settlement agreements in the knowledge they will not be the ones to fall on their sword to put the world right. The recent BBC publication of its stars earnings has shown that its top male stars earn much MUCH more than their female colleagues. For example, Huw Edwards earned between…

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