DMH Stallard Employment Law Updates

Employers often have to deal with situations where an employee has committed acts of, or is facing allegations of, misconduct and there is the potential for a lot to go wrong. It is important that the employer gets the process right when dealing with issues of misconduct as the consequence of failing to do so can be damaging to the employer and could lead to them facing unfair dismissal claims, reputational damage and high settleme...

Conflicts arising in respect of different protected characteristics have come to the fore in a number of recent high profile cases, particular in the context of sex, sexual orientation and gender critical beliefs.

In this podcast, we discuss recent cases in this area, including Higgs v Farmor’s School and Maya Forstater v CGD Europe. An area which is also a cause for concern is the difficulties employers have in policing workplace ...

Employees, workers, and even job applicants are becoming more and more aware of their employment rights and how to bring a claim in the Employment Tribunals. With this, we are seeing a growing number of serial litigants, who seek employment with the primary purpose of creating disruption and subsequently lodging an Employment Tribunal claim.

No organisation is immune, and even small start ups and charities can find themselves as re...

In this latest podcast, our employment law experts discuss the new laws, introduced in October 2024, which places a positive duty on employers to take reasonable steps to prevent sexual harassment of its employees in the workplace. These laws mean that if an employee is sexually harassed, and the employer has failed to take reasonable steps to prevent that from happening, any compensation can then be increased by up to 25%.

So what...

In this latest episode, our employment law experts look at without prejudice and protected conversations and when they might be used by an employer. 

These are used in all sorts of situations by employers. It might be used in situations where there’s a grievance causing a breakdown in relationship with the employee. There might be performance issues, a redundancy situation, long-term sick leave, or even for misconduct where the emp...

In this latest podcast, our employment experts examine the recent changes to the Employment Rights Bill under the new Labour government and how these changes might impact businesses and HR teams. It’s fair to say that this piece of legislation will be one of the most significant developments shaping the employment sphere over the next decade. 

Hosted by Partner and Head of Employment, Rustom Tata, with speakers Greg Burgess and Reb...

In this latest episode, our expert Employment lawyers take a look back over important changes and key developments in the law that we saw in 2024, and can still expect to see in 2025.

Our experts also look through the key employment law cases of the last 12 months and the cases of note going through the tribunals and courts in 2025. We also provide an update on legislation not just from the Labour government’s plans, but other chan...

In this latest podcast, our employment law experts discuss the developments in discrimination following the recent Court of Appeal decision in Higgs v Farmor's School.

This case highlights the challenge for employers of balancing staff’s competing protected characteristics under the Equality Act. In this case, the way that Mrs Higgs expressed her Christian beliefs in Facebook posts led to her dismissal from her role at Farmor’s Sch...

Illegal working is big business, not only in terms of the sums made by those who facilitate it, but also in the penalties that are issued to employers (in the year to March 2024 employers were issued with fines totally £8m).

The Home Office's guidance in this area changes regularly, partly to reflect changes in the immigration rules, but also to try to keep pace with the changing landscape of illegal working. This makes it so impor...

In this episode, our employment experts discuss the challenges for employers in a post-Covid world who are now asking their employees to return to office-based working.

The Covid-19 national lockdown led to a dramatic shift in the way many businesses operate, initially with an immediate move to full home working, which has been followed by an extended period of flexible working practices. Almost 5 years on, the health and safety fa...

In this latest podcast, our Employment experts explore the complexities of managing relationships in the workplace including the legal and operational challenges for employers. We look at the potential risks and benefits of workplace relationships, and how best to manage them when things go wrong. With sexual harassment being a more significant focus due to new employer duties, we also look at the broader question of whether workpl...

In this latest Employment Law podcast, our experts discuss the new employment law proposals introduced by the UK Labour government. What are the potential implications of these changes for business owners and HR professionals? How might this impact workplace policies, employee rights and recruitment?

Hosted by Employment Partner Abigail Maino, with Employment Partners Stephen ten Hove and Greg Burgess joining the discussion to sha...

In this latest episode, our experts explore the fascinating and complex world of artificial intelligence (AI) and its impact on the workplace. The discussion highlights the rise of generative AI, like ChatGPT, and examines the associated risks, uncertainties, and opportunities it presents.

Key topics covered in this episode include data protection, confidentiality, potential discrimination issues, and the limitations and inaccuraci...

In this latest episode, host Adam Williams delves into the pressing issue of modern slavery which can encompass various forms such as forced labour, forced marriage, debt bondage, human trafficking, and the exploitation of children.

As awareness and legislative actions increase globally, organisations face growing pressure to address modern slavery within their operations and supply chains. This episode explores the evolving expect...

Many businesses engaged in international trade are navigating through a period of significant change and uncertainty. Factors such as inflation, high interest rates, debt distress, geopolitical tensions, and international conflicts have created a complex landscape. In this episode, we delve into the risks and opportunities confronting businesses involved in global trade or aspiring to expand their international footprint amidst the...

In this episode, our legal experts look at what is an insolvency event and the key elements to consider when a company falls into administration. What support is there for businesses and employees who find themselves in such situations and why is it important to take expert legal advice early in the process?

Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partner, Rebecca Thornley-Gibson and Insol...

In this podcast employment law specialists Greg Burgess and Simon Bellm delve into the key cases and developments from the past 12 months, and provide valuable insights on what to expect in the world of employment law in 2024.  This includes:

An overview of the key cases and legislation from 2023:

• Government response to widespread industrial action
• Disciplinary and dismissal: a fair process
• Redundancy: consulting over the rati...

In this episode, our Employment team discuss the latest update on the retained EU law bill and the government’s proposals providing for changes to UK employment laws in respect of working time regulations, which is set to come into force on 1 January 2024.

How will these proposals impact most, if not all, employers?

Hosted by Employment & Immigration Law Partner, Adam Williams, with Employment Partners Stephen ten Hove and Rust...

In this episode, our Employment team discuss the evolving landscape of flexible working and the potential impact of the recent bill passed in parliament which allows employees greater flexibility as to where, when and how they work. We look at historical context of the statutory right to request flexible work and its perceived limitations, and also highlight the significant shifts in work patterns due to the COVID-19 pandemic and t...