Covid 19 – Causation and defending claims against employers

CAUSATION Employees seeking to bring a claim will have to prove it was their employer’s breach of duty (in failing to provide adequate PPE or carry out a proper risk assessment for example) which caused them to contract the virus. They have only to prove the virus was contracted at their place of work due […]

Coronavirus – Contracted and Confused? How to uphold contractual obligations

The outbreak of coronavirus in the UK is predicted to have a profound impact on the way in which society functions for the foreseeable future. With its potential to have a debilitating effect on the UK workforce and the most recent government advice recommending that people to work from home where possible, many businesses will […]

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 […]

Setting Up In Competition With Your Employer Can Be A Criminal Offence

It is not a widely known by employees and employers alike that competing with your employer can be a criminal offence under the Fraud Act 2006. Competing with your employer may involve setting up or planning to set up in a competing business whilst still employed and or the diverting of business opportunities from your […]

Dismissing Short Serving Employees

Employees with less than 2 years’ service generally cannot bring a claim for unfair dismissal. Where an employee has less than 2 years’ service the employer does not need to establish one of the potentially fair reasons for dismissal under S98 of the Employment Right Act 1996. Employers will need to make sure that the […]

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

The process behind the proposed redundancies at General Electric in Stafford. 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 the Lichfield Road site in Stafford). This sadly brings into focus the law and the […]

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 […]