In this week's episode of "The Legal Alternative," Sam and Nils discuss a recent Court of Appeal case that looks at when employers can be held responsible for misconduct that happens outside normal working hours but still has a strong link to work. They also explore what this means for harassment claims, workplace policies, and how employers can reduce legal risk.Seminars & Events: https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/ Contact Us:BoxHR@chadlaw.co.ukSamPawson@chadlaw.co.ukNilsODonoghue@chadlaw.co.ukLinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Sam and Nils discuss the ever-present growing impact of AI entering the workplace, focusing on its role in the UK’s Crown Court and the rise of AI-generated employment grievances. They explore how AI tools are streamlining legal processes while also complicating HR with sophisticated, exaggeratedcomplaints. This episode offers insights into balancing AI’s benefits with its challenges, making it essential for legal and HR professionals navigating this new landscape.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠

www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Sam gives a quick rundown of changes made to the Employment Rights Act with updated Tribunal statistics...Seminars & Events: https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/ Contact Us:BoxHR@chadlaw.co.ukSamPawson@chadlaw.co.ukNilsODonoghue@chadlaw.co.ukLinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

This week, Nils explains what building control matters are and how the process works when carrying out building works such as extensions. Sam then discusses a whistleblowing tribunal case, focusing particularly on how large tribunal awards are calculated.

Key Takeaways:

• Building control approvers (formerly approved inspectors) play a key role in ensuring building works comply with building regulations and safety requirements.
• To appoint a private building control approver, an Initial Notice must be submitted to the local authority.
• Local authorities have five days to reject an Initial Notice on specific statutory grounds - if no response is issued in time, the notice is automatically accepted.
• Building control approvers inspect works throughout the project and issue a Final Certificate confirming compliance with building regulations.
• A whistleblowing tribunal case resulted in a £150,000 award, including loss of earnings, injury to feelings, and tax-related compensation.
• Injury to feelings awards are not normally available in unfair dismissal claims, but may be awarded where detriment claims linked to whistleblowing succeed.
• Employers should take health and safety disclosures seriously, as mishandling whistleblowing complaints can significantly increase legal and financial risk.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:25) What's in Your Inbox?

(⁠⁠00:30) Building Control Matters

(⁠⁠04:19) Breaking Down a £150k Remedy in a Whistleblowing Case

(11:20) Out the Office!

Sam & Nils are back with the Legal Alternative discussing recent immigration fee increases and a significant Employment Appeal Tribunal (EAT) case involving job offer withdrawals. They also share best practices for employers in light of these updates and the importance of getting immigration processes right.

Key Takeaways:

• Immigration fees for sponsoring skilled workers have increased significantly post 8th April.
• The fee for a skilled worker visa application from outside the UK is now £1,865 (up from £1,618) and £943 for inside the UK (up from £819).
• The fee for indefinite leave to remain has risen to £3,226, and the naturalisation application fee has increased to £1,709.
• The Electronic Travel Authorisation (ETA) fee has gone up from £16 to £20 per person.
• A recent EAT case has overturned a previous tribunal decision, highlighting that job offer letters can form binding contracts, requiring employers to provide reasonable notice when withdrawing offers.
• The EAT ruled three months notice was appropriate for a senior role.
• Employers are advised to make offer letters clear about conditions and offer flexibility by including probationary periods or notice periods to avoid legal risks.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:49) What's in Your Inbox?

(⁠⁠01:01) Rising Immigration Fees: Implications for Sponsoring a Worker

(⁠⁠04:09) Case Update: Do You Have to Give Notice When Withdrawing a Job Offer?

(07:26) Best Practices for Employers in Offer Letters

(13:43) Out the Office!

This week, Sam provides a short pre-Easter update, discussing a recent unfair dismissal case involving gross misconduct and the importance of applying the ‘band of reasonable responses’ test when considering dismissal decisions.

Key Takeaways:

• The band of reasonable responses test considers whether an employer’s decision falls within a range of reasonable outcomes, rather than what a tribunal would have done itself.
• A dismissal for gross misconduct must meet a high threshold, particularly where the incident is a one-off occurrence.
• In the case of Billings v Nestlé, an employee was dismissed after allegedly vaping in a toilet, which triggered a smoke alarm and caused the evacuation of the premises.
• The tribunal found the dismissal to be unfair, as it was disproportionate to the misconduct.
• The incident was a single isolated act, with no prior misconduct history recorded.
• Employers must ensure workplace policies are clear and accessible, particularly when relying on them to justify dismissal decisions.
• Consistency in disciplinary outcomes is important, especially where similar incidents have been treated differently in the past.
• Even where misconduct has occurred, tribunals may determine that a lesser sanction would have been more appropriate than dismissal.
• Compensation may be reduced due to contributory fault, where an employee’s actions contributed to the situation.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

This week, Sam & Nils discuss a recent Equality Act case involving a job applicant and the importance of reasonable adjustments during the recruitment process, alongside a government crackdown on large-scale fly-tipping and environmental crime.

Key Takeaways:

• The Equality Act applies not only to employees but also to job applicants, meaning employers must consider reasonable adjustments throughout the recruitment process.
• A claimant was awarded £7,000 after her anxiety was found to have impacted her interview performance, placing her at a disadvantage.
• Employers should consider adjustments beyond physical changes, including how interview performance is assessed and scored.
• Factors such as interviews starting late can contribute to anxiety and may require adjustments, such as offering additional time or rescheduling.
• Where a candidate is deemed “appointable,” employers should take care when reconsidering decisions, particularly if circumstances change (e.g. another candidate withdraws).
• Selection criteria (such as communication style) may indirectly disadvantage candidates with certain conditions and should be applied carefully.
• The case highlights the importance of reassessing candidates in light of disclosed disabilities rather than relying solely on initial interview performance.
• The government has announced a “zero tolerance” approach to waste crime, targeting large-scale and organised fly-tipping operations.
• New powers for the Environment Agency will allow earlier intervention and greater ability to investigate and prosecute offenders.
• Enforcement will include the use of financial investigation powers to disrupt organised criminal activity behind illegal waste operations.
• The reforms aim to tackle industrial-scale environmental offences, not just small-scale fly-tipping incidents.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠01:10) What's in Your Inbox?

(⁠⁠01:19) Equality Act Case: Protections for Job Applicants

(⁠⁠08:39) Environmental Law Update: ‘Zero Tolerance’ Approach to Waste Crime

(12:48) Out the Office!

This week, Sam & Nils cover a practical issue affecting motorists in Bradford and a recent pregnancy discrimination case highlighting the risks employers face when managing sickness absence and flexible working requests during pregnancy.

Key Takeaways:

• Bradford’s Clean Air Zone requires certain vehicles to pay a £9 daily charge if they enter the zone and do not meet emissions standards.
• Failure to pay the charge can result in a £120 penalty (reduced to £60 if paid within 14 days), in addition to the original charge.
• Anyone wishing to challenge a penalty must make representations to the council within 28 days. If rejected, the decision can be appealed to the Traffic Penalty Tribunal.
• The registered keeper of the vehicle remains legally responsible for charges and penalties.
• Failing to correctly update DVLA records when selling or scrapping a vehicle can lead to significant liability if the vehicle continues to enter the zone.
• Minor administrative oversights, such as not transferring the logbook properly, can quickly lead to multiple fines.
• A claimant was awarded approximately £73,000 for pregnancy discrimination after being dismissed following disclosure of her pregnancy and requests to work from home due to severe morning sickness.
• Tribunals may infer discrimination where pregnancy is referenced alongside performance concerns in internal communications.
• Emails between management, HR, and third-party consultants were disclosable and played a key role in the tribunal’s findings.
• Organisations should be cautious about how internal discussions are documented when seeking advice from non-legal advisers.
• Employers must carefully separate genuine performance concerns from issues connected to pregnancy-related illness or adjustments.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:33) What's in Your Inbox?

(⁠⁠00:49) Clean Air Zone Charges & Fines

(⁠⁠04:10) Pregnancy Discrimination Case: The Issue of Disclosure

(13:54) Out the Office!