Author Archives: Sharma Solicitors

You’ve been framed – by the employer

Would it be a fair cop if an employer’s video surveillance recorded misconduct by an employee? Can an employer put his employees under video surveillance or enter the email records on computers used by employees to find acts of misconduct? … More

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Workers get paid for travelling to and from work

The European Court of Justice (ECJ) has just ruled that workers travelling from home to their first job to the premises of their employer’s client can start the working time clock running from the moment they leave home. That clock … More

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Excellent work – your still sacked

Can an employer sack an employee with an excellent work record because of one instance of gross misconduct. Thames Water sacked a senior employee after 34 years of unblemished service for one indiscretion they saw as gross misconduct. Robert Newbold, … More

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Chelsea fans’ racist own goal

Can an employer dismiss football fan employees who have racially abused members of the public? The employers of the Chelsea supporters, filmed abusing a black commuter on the Paris Metro, asked themselves this question when the contrite employees appeared at … More

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E-Cigarettes in the work place – do employers have the right to tell you to put it out?

With e-cigarettes users common in the workplace, employers have to decide do they turf them out along with smokers or can they say in the warmth. The battery operated device cuts out the traditional smoke and replaces it with a … More

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Holidays and holiday pay but how much

Surely overtime is just that. Paid when it is worked and not when the employee is on holiday. Things just got a lot more complicated – and expensive. The Working Time Regulations 1998 (WTR) require employers to grant employees and … More

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Employee until proved innocent

Consultants will be deemed employees for tax and national insurance by HMRC unless they can prove they are not employees. Service companies watch out; HMRC are watching you. The Government, in continuing its drive to find new tax revenue introduced … More

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Bad job reference leads to bad blood

Is an employer obliged to provide a job reference for an ex-employee? There is no legal duty on an employer to provide a job reference for an employee seeking a job elsewhere. However, if an employer accepts the task of … More

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Poaching clients from ex-employer again

Will the courts enforce ‘defective’ clauses preventing ex-employees poaching their former employer’s clients? The Court of Appeal overturned a High Court decision, which added new words to an otherwise toothless clause in a contract, which restricted the employee after termination. … More

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Jaw jaw before war war

 First the fight, then the mediation and only then the litigation. Whether you like it or not both employers and employees are now forced into mediation before the employee can lodge an employment tribunal claim against the employer. The mediation, officially … More

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