Night work is common – especially in sectors like healthcare, security, hospitality, and logistics – but it’s also an area where employers can unintentionally fall foul of National Minimum Wage (NMW) rules. Here’s a quick guide for HR professionals and managers to help you stay compliant. Know the rules This was confirmed by the Supreme… [Read More]

It is crucially important that employers are aware of the ‘reach’ of rules on harassment in the UK. A recent Employment Appeal Tribunal decision serves as a reminder that conduct can constitute harassment under Equality Act 2010 even where the perpetrators did not intend to harass. The legal test for harassment requires the conduct to… [Read More]

Under the Equality Act 2010, direct discrimination happens when someone is treated less favourably because of a protected characteristic, such as race. To succeed in a direct discrimination claim, an employee must show: If these two criteria are met, the burden of proof shifts to the employer to show that the treatment was not discriminatory…. [Read More]

Kellington–Crawford v Newlands Care Angus Ltd In Kellington–Crawford v Newlands Care Angus Ltd, an English care worker succeeded in claims of race discrimination and harassment after a disciplinary meeting where her three Polish managers spoke to each other in Polish. The employee said that, because she didn’t speak Polish, she felt intimidated and isolated. Ironically,… [Read More]

Covert surveillance in an employment context is an uncomfortable concept. The employment relationship is underpinned, on both sides, by a duty of trust and confidence. So, spying on your employees should be the last resort, and used sparingly. 5 risks of covert surveillance There are several legal risks if you covertly monitor an employee without… [Read More]