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Article Author stuart-atherton

Bio

Stuart specialises in Employment and Personal Injury Law with 12 years experience in these areas as well as in Civil and Commercial Law. Stuart offers practical advice to employers and workers, dealing with matters in a proactive way that can often avoid the need for costly legal action. He tackles a wide range of issues for businesses from drawing up contacts to advising on best practices and policymaking and ensuring compliance with statutory obligations.

Jul 27 2017

IMMEDIATE CHANGES TO TRIBUNAL FEES ANNOUNCED

Stuart Atherton

In perhaps the most important judgment in employment law of the last fifty years, the government announced the abolition of employment tribunal fees after the Supreme Court ruled them unlawful.

The surprise ruling by seven justices overturned judgments by the High Court in 2013 and the Court of Appeal in 2015. Instead, the justices unanimously backed an appeal by trade union Unison which argued that the fees were introduced unlawfully.

The immediate consequence is that the Fees Order is quashed so that as of today fees cease to be payable for claims in the employment tribunal (ET) and appeals to the EAT, and fees paid in the past must be reimbursed.

Partner and Head of Employment Law at Peter Lynn and Partners, Stuart Atherton said: “This is a significant ruling for both employers and employees alike. The effect is that it is simpler for claims to be made in the employment tribunals against businesses…

May 19 2017

Swansea BID Members Benefit From HR & Employment Law Workshop

Stuart Atherton, Nia Godsmark, Amelia Rudman and Juliet Luporini

Peter Lynn and Partners have delivered the first in a series of workshops for businesses in the local community by partnering Swansea BID for a HR & Employment Law talk.

The breakfast event took place in the Dragon hotel and focused on the common employment headaches faced by business people such as salaries, holiday pay, discrimination, employment contracts, plus many other “hot topics” regularly encountered by small to medium sized companies in the area.

Swansea BID Chief Executive, Russell Greenslade, said: “I am pleased to launch the Swansea BID Benefits Workshops. I hope they will give local businesses some invaluable guidance…

Mar 3 2017

ACAS Policies & Procedures Help In Tribunal Appeal Win

Stuart Atherton

In the case study below, we look at the importance of complying with the policies and procedures provided by ACAS in a case involving an employer who utilised a private eye to investigate an allegedly disabled employee.

The employee, who had been working for his employer for 5 years, alleged that he suffered from a disability. The management did not accept the extent of the disability and suspected that the employee had engineered his medical report and may also be working for another employer so utilised covert surveillance to check him out.

Upon receipt of the report, they could not confirm…

Feb 23 2017

GUARDIAN H.R.

Stuart Atherton

To meet the ever-changing needs of the marketplace we have designed a bespoke Human Resources support plan – The Guardian Scheme.

The scheme addresses both the legal and human resource requirements of your businesses as well as health and safety advice as an affordable optional extra.

By addressing both functions we can protect and support our clients while maximising the potential of their greatest asset – their people; and allowing them to concentrate on doing what they do best – running their business.

Guardian Scheme Benefits

  • Comprehensive HR advice
  • Monthly meetings either by telephone or face to face
  • On-line telephone support on…
Feb 22 2017

HR Consultant Or Employment Lawyer – Who Would You Prefer To Have In Your Corner?

Stuart Atherton

Whether you are a micro-SME employing less than five people or a well-established, multi-site organisation employing five hundred plus, HR matters can be an issue for many business and potentially very costly.

It is with this in mind that we pose the question “HR Consultant or Employment Lawyer?” as a recent case brought this question to the fore with a very clear answer.

Whilst we are unable to identify the company in question, we are able to outline some key aspects of the case, in particular, the client’s thoughts on this question.

The client, a charitable organisation, required our services to defend…

Feb 2 2017

Guardian Scheme – Don’t Wait For An Employment Tribunal To Align Your Business With A Legal Specialist.

Stuart Atherton

Any business employing staff will have someone responsible for HR.

This could be the owner if it is a small business or a HR team if it is a larger company.

Whilst the vast majority of companies seek to operate in line with UK Employment Law, for those who do not have a legal partner in place, the first time they become aware of any legal shortcomings is when they engage a legal practice to represent them in an employment tribunal.

Employment contracts, staff hand books and other documentation is in place for many businesses however it is not always kept up…

Dec 6 2016

Beware The Legal Pitfalls Of The Office Christmas Party

Stuart Atherton

With the festive season upon us, it’s a time of year that can sometimes result in at best, an embarrassing apology but at worst, a legal case in the New Year. The grey area surrounding Christmas parties is “who is legally responsible?”, especially if the party takes place out of normal hours and away from the workplace.

For the sake of clarity, the position is that if there is a work connection as to the social event then the liability for any damages, insults or discrimination for any workforce misdemeanours stands a good chance of landing at the employer’s door…