How To Manage A Employee's Poor Performance?

By Rehana Hussain of Charles Gregory Solicitors Limited on Friday, March 4, 2016.

For an employer managing poor performance is rarely simple or swift as it can be due to a number of issues including ill health, negative attitude or lack of skill. Choosing the correct procedure to follow can be very tricky. The capability and conduct procedure may not be suitable if the poor performance is due to ill health or disability.

Here is how we helped some of our employer clients to deal with a poor performance issues. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

The Psychoactive Substances Act 2016 - ARE YOU READY?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Monday, March 14, 2016.

The Psychoactive Substances Act 2016 is expected to come into force on 6 April 2016 and now is the time for you to review your policies and add your Company's psychoactive substances policy.

The Act describes a psychoactive substance as a substance that either stimulates or depresses the person's central nervous system, which affects the person's mental functioning or emotional state. In their publication, ACAS stated that there was an increase during recent years in the sale and use of psychoactive substances which are not banned by the Misuse of Drugs Act.

There were a reported 129 deaths in England and Wales where new psychoactive substances were implicated. Those substances mostly contain synthetic, chemical compounds which imitate the effect of more traditional, illegal drugs such as speed and cannabis. Those substances are marketed as legal and sold openly in shops or online; many users may not fully realize the effects they may have on them.

You have a legal duty to ensure the health and safety of your staff and others who could be affected by what they do in the course of their work. The Health & Safety at Work Act 1974 requires all employers, big and small, to ensure, as far as is practicable, the health, safety and welfare of their employees, including providing them a safe system of work and workplaces. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

The Rise in the Small Claims Limit and the Law of Unintended Consequences

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Injuries on Tuesday, March 15, 2016.

Insurance companies do not pay Solicitors very much money for defending personal injury claims. To paraphrase the old adage, if you sell it cheap, you have to pile it high and that means that in order for Solicitors to make money defending personal injury claims, they have to take them in bulk and turn them over quickly. This approach leads to the much maligned 'factory firms', that largely specialize in road traffic accidents, the largest and easiest, sector of personal injury to litigate.

I was therefore not (that) surprised to read that FOIL thinks that the rise in the small claims limit for personal injury claims is also a bad thing. Fewer claims will obviously mean fewer claims to defend and for firms that rely on bulk work, this is perhaps worse news than for a lot of Claimant firms. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Costs Budgeting Changes - Efficiency or Simply Convenience?

On behalf of Charles Gregory Solicitors Limited posted in Employment on Friday, March 6, 2015.

I take client care very seriously as should most Solicitors. My friends often ask me, what should they expect from their Solicitor. So I have decided to list what I deliver to my client.

1. Communication, communication, and communication- It is also important to update your client. I prefer communication by email as it's quicker. Although I have been told by my techy friends that email is an old form of communication and many business are now switching to snap chat and instant messenger as a way of communicating.

2. Managing expectations- if you have instructed a Solicitor, you are paying them for their legal advice. Good Solicitors will be able to provide you with clear, concise advice and will be honest about how they expect the legal issue to pan out.

3. Information about Costs-I always give my clients advance notification if they are being charge more. Client care letters, which are the initial letters that are sent out to clients, should have information about costs. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Do I Have To Make Adjustments For Dyslexic Employees?

By Rehana Hussain of Charles Gregory Solicitors Limited on Friday, March 18, 2016.

Dyslexia is a 'protected characteristic' under the Equality Act 2010. This means that dyslexic people should not be treated less favorably and should have access to reasonable adjustments. Dyslexia is often termed as a hidden disability; as you would not, from looking and talking to a person, know they have it. Whether or not employees choose to declare it, though they are protected under the Equality Act 2010, is a matter of choice. Many employees choose not to declare it because of the stigma attached. However, with reasonable adjustments in place you, as an employer, may gain employees who are highly skilled in problem solving, communications, strategy creation, improving processes, lateral and creative thinking. They can be an asset to the company and bring new fresh ideas to lead the company into new directions. Moreover, efficient team needs a mix of talents, abilities and personalities and dyslexic people can provide just that. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

How Much Notice Should You Give Your Employees?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Tuesday, April 12, 2016.

We are often asked by our clients what notice period should they give their employees' in their contract of employment. The straight answer is that under s.86 of the Employment Rights Act 1996 you must give your employees the statutory minimum notice. The minimum statutory notice is calculated as follows:

Between 1 month and 2 years of employment - 1 week's notice required;

Between 2 and 12 years of employment - 1 week for every year worked up to a maximum of 12 weeks.

However, you are free to provide incoming employees, in their contract of employment, a longer period of notice. We advised our clients to provide 3-6 months notice period for senior managers to give themselves enough time to replace the senior employee without having any disruptions to their business. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Stress at work - What are your responsibilities in reducing work related stress?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Friday, April 15, 2016.

Stress at work is very common and there seems be an increase of coverage in articles and on the news nowadays. Many employers are not sure how to handle employees who informed them that they suffer from work related stress. The Health and Safety Work Act 1974 and the Management of Health and Safety at Work Regulations 1999, states that employers are obliged to undertake a risk assessment for health hazards at work - including stress - and to take action to control that risk.

So, what is work related stress?

The Health and Safety Executive (HSE) defines stress as "the adverse reaction people have to excessive pressures or other type of demand placed on them".Stress can lead to anxiety and depression and can have an impact on employees' physical health such as heart disease, back pain, headaches, gastrointestinal disturbances and more.

The HSE estimates that 13.5 million working days are lost to stress, depression and anxiety every year. Furthermore, each new case of stress leads to an average of 31 days off work. Work related stress costs society in excess of £3.7 billion every year. If employers can reduce stress they can reduce these costs. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

EU Referendum and Immigration Implications

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Immigration on Tuesday, April 19, 2016.

There has been very little discussion about what will happen to EU citizens if the UK leaves the union. Will they suddenly need a visa? Will there be considerations made for people who have been settled here for many years? Will citizens of affluent nations such as Germany, Belgium and France receive preferential treatment over those from other EU nations? There are a lot of unanswered questions.

Conversely, there are also many British citizens living in the EU who would face a similar situation. Would these people suddenly be classed as illegal immigrants if the 'Brexit' happens? These expats may abruptly find themselves in need of a visa or a plane ticket home. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Do you have a claim for age discrimination?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Tuesday, April 26, 2016.

What is age discrimination?

Age discrimination can occur in a number of ways namely direct discrimination, indirect discrimination, harassment and victimization. Direct discrimination is when you are treated less favorably because of your age. An example would be if your employer promotes another employee ahead of you because he/she is younger than you. Indirect discrimination is when your employer imposes a rule, provision or criterion which applies equally to all persons but put you at a disadvantage because of your age. For example, your employer decided that only 'recently graduated' employees can attend training courses, it is likely that very few older employees will be able to attend the training and so they are discriminate against.

Harassment occurs when you experience offensive, intimidating or distressing behavior which is based on your age and this behavior violates your dignity or creates a working environment which is hostile, intimidating or degrading. An example would be comments are made about your baldness or even wrinkles. Another kind of intimidating behavior can be when you are ignored for after work activities organized by your employer because of your age. For example, your employer organized an after work drinking party but you are not invited because he thought that drinking party atmosphere is not suitable for someone of your age. Finally, victimization is when you are treated less favorably as a result of you making a complaint to your employer that you were discriminated against on grounds of your age. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Employment law - Redundancy

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Tuesday, May 3, 2016.

Unfortunately redundancy is back in the news. We hear that many BHS employees may lose their jobs if a buyer is not found soon. In this article we advise on how you can identify if a redundancy situation is genuine or not.

Redundancy occurs where the employer's business, or part of the business, has ceased to operate, the employer's business has moved to a different place; and/or the business' need for work of a particular type has ceased or diminished.

Please note, in redundancy situations, it is the role, not the person, who is made redundant.

Is the redundancy genuine?

Genuine redundancy can occur, for example, when the work a person does is no longer needed due to a downturn in business, a new line of work which requires a different skill set, or a new process being introduced. Click here for more details..

Contact Details:

Charles Gregory Solicitors

2 Hammersmith Broadway

London, Greater London, W6 7AL

Phone no: 2033933219

Mail id: info@charlesgregory.co.uk

Web: http://www.cgslaw.co.uk/

Redundancy Process

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Wednesday, May 4, 2016.

In our previous article we helped you identify whether your dismissal for redundancy was genuine or not. We also advised you that if the redundancy situation was genuine your employer still must follow the correct procedures or your dismissal may be unfair.

What is the correct procedure? We provide you here with a brief review of the law.

Selection criteria

Your employer must first identify his selection criteria. Examples of selection criteria which are usually adopted by employers include:

attendance record (you should ensure this is fully accurate and that reasons for and the extent of any absences are known);
disciplinary record (you should ensure this is fully accurate);
skills or experience;
standard of work performance;
Aptitude for work.

It is unlawful to have redundancy selection criteria or a redundancy procedure which involves discrimination on the basis of disability, sex, race, religion or sexuality. It is also unlawful to have criteria based on whether employees chosen to be made redundant are part-time or pregnant, as this would be sex discrimination. If you have been unfairly selected for redundancy, you may be able to claim compensation for unfair dismissal or discrimination. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Self-employment in the construction industry

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Monday, May 16, 2016.

The question of whether someone is employed or self-employed is an important one, both in relation to tax and to individual's rights under employment law. For some years there have been concerns about the scale of 'false self-employment' in the Construction sector, individuals engaged on the basis that they are self-employed, but who are working under employment terms. Employers classifying workers this way do so to avoid being charged National Insurance Contributions (NICS) on the wages they pay.

More recently there have been also concerns about intermediary companies exploiting these rules, disguising the nature of the contract for workers they place with employers, and in some cases, sharing most if not all of the financial benefits with the employer, with little benefit for the individual worker. One related issue to employment status for business and individuals in the construction industry is the operation of the 'Construction Industry Tax Deduction Scheme', or CIS for short, whereby contractors make a fixed deduction from payments made to self-employed subcontractors to be set against the subcontractor's liability to tax and NIC. One part of the scheme is that contractors must make a formal declaration that anyone they pay under this scheme is indeed self employment. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Who should I make redundant the 100 site managers or only the 9 site managers?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Wednesday, May 18, 2016.

I have been asked to advise one of the big construction companies based in the UK, in relation to a redundancy situation arose as a result of closure of one of their sites. The question was: Who should be in the pool for redundancy: all of the Company's site managers or only the site managers who worked at the site that was closing down?

If they are to consult only the 9 site managers the Company will save great deal of money by avoiding consulting 100 site managers for redundancy, on the other hand, consulting all 100 site managers will give the Company the opportunity to get rid of some of the under performing site managers.

What are they to do? What the law expects from them? and how they can save money in the circumstances? Read the advice by our Employment law specialist Mali Smith. Mali Smith can be contacted directly on 0208 7419883 or on ms@charlesgregory.co.uk. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

UK votes Brexit: What happens now?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Immigration on Monday, June 27, 2016.
How long would it take to leave the EU?

It would take a minimum of two years for the UK to leave the EU. During that time Britain would continue to abide by EU treaties and laws - however it would not take part in any decision making.

What will happen during that time?

The UK would have to thrash out the terms of its departure. Issues would include what financial regulations would still apply to the City of London, trade tariffs and movement rights of EU citizens and UK nationals.

The agreement would have to be ratified both by the European council and the parliament in Strasbourg.

There has been very little discussion about what will happen to EU citizens if the UK leaves the union. Will they suddenly need a visa? Will there be considerations made for people who have been settled here for many years? Will citizens of affluent nations such as Germany, Belgium and France receive preferential treatment over those from other EU nations? There are a lot of unanswered questions. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Brexit - Speculation on the future of Personal Injury

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Injuries on Tuesday, June 28, 2016.
The Government has a lot on its mind at the moment; apparently there was some sort of vote last week.
This article may seem a little woolly, with liberal use of 'might' and 'maybe' but the reason is that no-one really knows what will happen. All we can be certain of is that when, and if, the Government pushes the big red button and invokes Article 50, there will be a 2-year negotiation period to set out the terms of Britain's exit from, and continuing relationship with, the EU.
Until the 2 years are up, Britain remains a member of the EU, with all the rights and obligations that membership entails. For those two years, little is likely to change in the PI landscape. Once the exit is finalised and moving forward, the situation will become clearer.
Dependant on the concessions to EU law that are made during negotiations, it is not entirely difficult to foresee the dislike of EU bureaucracy leading to an indiscriminate purge of EU-based laws and regulations. While in some cases this might be harmless, there is the potential for upheaval, if not with the laws themselves, then certainly with procedure.
Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Statement: The Status of EU Nationals in the UK

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Immigration on Thursday, July 14, 2016.
From: Cabinet Office, Home Office and Foreign and Commonwealth Office
'There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.
The decision about when to trigger Article 50 and start the formal process of leaving the EU will be for the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded.
When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.
The government recognizes and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK.
I have lived in the UK for more than 5 years. What does the vote to leave the EU mean for me? Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Forthcoming Changes To Employment Law

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Tuesday, July 26, 2016.
So, what major changes are in the pipeline this year and in the next few years?
Here are few of the forthcoming changes:
1. Immigration Act 2016 - The Immigration Bill became an Act on 12 May 2016 but enforcement is not expected until October 2016. The new Immigration Act 2016 increases the number of potential prosecutions of employers as it lowers the burden of proof from 'knowing' to 'reasonably believing' an employee to be an illegal worker. If the employer knew that a worker is illegal, but still employs him, he may be sentenced up to 5 years. The Immigration Act 2016 also allows immigration enforcement officers to close down a business employing illegal workers for 48 hours. The Act created a new offense of illegal working where illegal workers could face a six-months prison sentence and have their assets seized. Finally, the Act introduces a new requirement for public sector workers in customer-facing roles to speak fluent English.
Mandatory Gender Gap - In October 2016 Gender pay gap reporting regulations coming into force however the first gender pay gap reports to be published by organization with 250 or more employees is not due until 30 April 2018.
Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Beware: Writing A Reference For An Ex-employee Can Land You In Legal Water!

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Friday, August 5, 2016.
Employers have known for a while that they need to be careful when giving references. Most of our clients provide a factual reference only including in a settlement agreement. The reason is that you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading- a duty that is owed to both the employee and to the new employer. If you gave a bad reference that you can't fully substantiate you run the risk of your employee suing you for damages if they didn't get the job or suffered some financial loss because of it.
A recent appeal case Pnaiser v. NHS England and Coventry City Council UKEAT/0137/15/LA 2015 is a good example of why that approach should be seriously considered. Ms Pnaiser job offer was withdrawn following a reference from her former employer though the former employer claimed that it had not intended to discriminate against her or provide a bad reference. The Employment Appeal tribunal found that the employer intentions were not relevant and found in favour of Ms Phaisner. This case also shows the difficulties for those in receipt of poor references. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

How can I accommodate Ramadan in my business?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Employment on Tuesday, June 28, 2016.
The Equality Act 2010 makes it unlawful for employers to discriminate against employees on grounds of their religion or belief.
How could an employer unknowingly discriminate against an employee on grounds of their religion or belief?
Direct Discrimination, for example, an employer treating an individual less favourably than someone with a different religion or belief. Examples of direct discrimination include dismissing someone because of a protected characteristic, deciding not to employ them, refusing them training, denying them a promotion, or giving them adverse terms and conditions all because of their religion or belief.
Indirect discrimination, Indirect discrimination occurs when an organisation's practices, policies or procedures have the effect of disadvantaging people who share certain protected characteristics. Examples of indirect discrimination include: refusing to allow an employee to wear a hijab or turban or requiring all employees to dress in a particular way if this means they can't wear an item of clothing they regard as part of their faith. Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/

Post EU Referendum - should we be concerned?

By Rehana Hussain of Charles Gregory Solicitors Limited posted in Immigration on Tuesday, June 28, 2016.
In their business updates the BBC news informed the public that Barclays shares fell more than 12%, while Royal Bank of Scotland fell more than 14%. The public were also informed that the FTSE 250 index, which mostly contains companies that are more UK-focused, was down 4.5% on Monday after sliding 7% on Friday. Furthermore, we were told that the pound hit a 31 year low of $1.32089 sinking below the level it had fallen to on Friday, when it recorded its biggest one-day fall against the dollar. Lastly, we were informed that the Stock markets plunged on Friday, with more than $2tn(£1.5tn) wiped off the value of global stock markets, according to Standard and Poor's Dow Jones Indices.
What all this means for the UK economy? Are we heading towards a financial melt down with the magnitude of the Lehman shock in 2008? Click here for more details..

Contact Details:
Charles Gregory Solicitors
2 Hammersmith Broadway
London, Greater London, W6 7AL
Phone no: 2033933219
Mail id: info@charlesgregory.co.uk
Web: http://www.cgslaw.co.uk/