Updated Social Work England Fitness to Practise Guidance

UNISON has worked with the social worker regulator Social Work England (SWE) to update SWE’s fitness to practise referral guidance for employers and social workers. The updated guides are in links below. There is improved synergy and read-across between the two guidance documents. UNISON views these documents as ‘two faces of the same coin’. There should […]

Coronavirus: your rights at work

UNISON is working proactively with the UK governments and other bodies to keep you safe at work. On 4 January 2021 national lockdowns were announced for England and Scotland. New guidance has been published on what restrictions are in place and they can be accessed here: The Government’s Advice for England For sector-specific advice see: […]

Bereavement Leave

  The government has published the statutory instruments which implement two weeks’ paid bereavement leave for parents upon the death of a child aged under 18. For a simple policy, the Regulations are complex. They are:- The Parental Bereavement Leave Regulations 2020 and The Statutory Parental Bereavement Pay (General) Regulations 2020 They come into effect […]

Legal representation at disciplinary hearings: when is there a right?

There is no statutory right for a worker to be accompanied by a legal representative at a disciplinary hearing. However, cases have arisen in which workers have argued that the legal right to be accompanied should extend to legal representation. So where do employers stand? Ashok Kanani rounds up the case law on the right […]

Third-Party Harassment case

Labour & European Law Review Weekly Issue 650 11 December 2019 Section 26 of the Equality Act stipulates that harassment is “unwanted conduct related to a relevant protected characteristic”. The Employment Appeal Tribunal (EAT) has held in Bessong v Pennine Care NHS Foundation Trust that section 26 cannot be interpreted in such a way that […]

Not in the course of employment

  Labour & European Law Review Weekly Issue 638 18 September 2019 Although posting an offensive image on Facebook could constitute an act done “in the course of employment”, the Employment Appeal Tribunal (EAT) held in Forbes v LHR Airport Ltd that when an image is posted on the employee’s own computer at home, did […]

Constructive knowledge

Constructive knowledge Labour & European Law Review Weekly Issue 632 07 August 2019 Even if they do not have actual knowledge that an employee has a disability, employers can be held to have constructive knowledge of one. In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal (EAT) held that the employer could not […]

NORMAL REMUNERATION case regarding Overtime

Labour & European Law Review Weekly Issue 632 07 August 2019 It is well established in law that workers are entitled to be paid “normal remuneration” when their holiday pay is calculated. In Flowers and ors v East of England Ambulance Trust, the Court of Appeal held that holiday pay should also include voluntary overtime […]

Recent useful Employment Tribunal cases

Here are some recent useful Employment Tribunal cases (June 2019) Analyst with autism wins discrimination claim after being ‘overwhelmed’ by office environment A senior analyst on the autism spectrum has won a claim for indirect disability discrimination after his employer failed to make reasonable adjustments for his condition. Tom Sherbourne worked at energy supplier npower […]

Normal remuneration

Labour & European Law Review Weekly Issue 588 19 September 2018 It is well established in law that workers are entitled to be paid “normal remuneration” when their holiday pay is being calculated. In Flowers and ors v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) held that holiday pay should also include […]