Conducting ‘off the record’ conversations with employees

Frequently, employers and employees may get to a point where ‘the writing is on the wall’ and it often suits both sides to have a frank discussion over what it would take to amicably bring the relationship to an end. Section 111A of the Employment Rights Act 1996 (ERA 96) allows employers to hold off […]

ORJ secures £9,500 for whistleblower

ORJ secured damages of £9,500 for an employee who was subjected to detriment having made a protected disclosure contrary to Section 47B of the Employment Rights Act 1996. The Facts of the case were as follows: Our client resigned her employment with her employer, B Limited in March 2017 in order to take up a […]

Dismissing Short Serving Employees

Employees with less than 2 years’ service generally cannot bring a claim for unfair dismissal. Our director of employment law Andrew Lester has set out in this article what employers should bear in mind and how to go about dismissing short serving employees. Where an employee has less than 2 years’ service the employer does […]

Business Goodwill and Confidential Information

ORJ’s Strategy for protecting Business Goodwill and Confidential Information I am often instructed by clients in connection with concerns over employees misusing or misappropriating confidential information, customer data and client contact lists. As one Managing Director told me recently data was his company’s most important single asset. That business was a manufacturer turning over in […]

General Electric – Proposed Redundancies

Andrew Lester, Employment Law Director here at ORJ explains about the proposed redundancies at General Electric in Stafford, and how the process works in this scenario. General Electric announced in December 2017 that it will be slashing 1,100 jobs across its UK operations, mainly in Stafford and Rugby (with up to 500 jobs going at […]

What is IR35?

IR35 legislation was introduced in 2000 specifically to challenge the tax position of those individuals who provide their services via an intermediary service Company. The advantage to the individual of such an arrangement is that they pay less Income Tax and National Insurance than a directly employed worker. These types of service company arrangements continue […]

How does HMRC determine employment status under IR35?

Crucial to the determination of whether IR35 applies or not is the question of ‘Whether an individual would (for tax or NICs purposes) have been an employee of the client if they had been working directly for the client?’ If the answer is no then the intermediary and individual will not be caught by the […]

HSE Investigations and Interviews under Caution

Whenever serious incidents do occur (whether or not they are subsequently subject to HSE investigation) companies must seek to ensure that their policies and systems are designed to quickly and effectively respond; in order to minimise any potential likelihood of repetition and to properly manage any potential consequences for affected parties. Where the Health and […]

“Employment Tribunal Fees are Unlawful” – Supreme Court

In a landmark decision, the Supreme Court has held that the Employment Tribunal and Employment Appeals Tribunal Fees Order 2013 is unlawful under both domestic and EU law. The Court ruled that it was unlawful as it prevented access to justice, imposed unjustified limitations on an individual’s ability to enforce EU right and was indirectly […]

Employment Contracts – FAQs

When it comes to Employment Law, our Specialist Andrew Lester is usually asked these 11 questions by Employers to ensure they’re covering all the bases in Employment Contracts. Here are his responses: 1. Do I have to give all employees a contract? Employers are only legally required to give every employee a Section 1 written statement of […]