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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.

Nov 30 2017

Gig Economy Case Focuses on Holiday Pay

The BBC has reported the latest legal decision to affect the so-called “gig economy”. This expression refers to working arrangements between parties in which one or both of the parties try to establish that the other is a self-employed independent contractor.

It is essential in a working relationship that proper consideration is given to the status of the worker. The consequences of getting it wrong can be far-reaching and expensive! The law recognises three working status being Employee, Worker and Self-Employed Contractor.

The scope of legal protection and entitlement varies greatly between each of the three categories. It is an employee who enjoys the highest degree of employment protection rights including the right to claim unfair dismissal, receive redundancy payments and maternity protection.

A self-employed contractor enjoys the least amount of protection and is unable to bring claims of unfair dismissal etc. However, an ever-increasing amount of employment protection entitlements are attaching…

Jul 27 2017

IMMEDIATE CHANGES TO TRIBUNAL FEES ANNOUNCED

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…

May 19 2017

Swansea BID Members Benefit From HR & Employment Law Workshop

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

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.

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?

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.

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…