TRUE TERMS It is not always easy to decide who is an employee and who is a worker. We look at a case in which the Supreme Court said that tribunals can disregard the written terms of a contract when they don’t reflect the true agreement between the parties.

REASONABLY ADJUSTED Although the law requires employers to sometimes make “reasonable adjustments” for disabled employees, the appeal tribunal has said that does not include replacing subjective redundancy criteria with objective ones.

IN BRIEF The government has issued guidance for businesses who offer work experience, placements and internships on when to pay the National Minimum Wage.

Please click on the link to read more Employment Law Update October 2011

COST OF RELIGION Indirect discrimination is potentially justifiable by employers. We look at a case in which the Employment Appeal Tribunal said that employers can rely on cost to justify an otherwise indirectly discriminatory policy.

JOB CAPABILITY The Employment Appeal Tribunal has confirmed that the decision to dismiss someone is ultimately a managerial, not a medical one, and that employers have to make their own assessment of the risks involved in a return to work.

IN BRIEF A report published last month has found that the work-life balance of many workers in the UK has deteriorated as a consequence of the recession.

To read more please click on the following link – Employment Law Update – September 2011

EVADING THE QUESTION The law says that tribunals can draw inferences from evasive answers given in discrimination questionnaires, but the appeal tribunal has just held that answers that are less than complete are not necessarily “evasive or equivocal”.

NEGLIGENT STATEMENT We look at a case in which the court said that employers may have to pay damages to employees if they make negligent statements about them to a former employer.

IN BRIEF The government has announced that it will retain the right to request time off for training to employees in large organisations.

Click on the link to read more – Employment Law Update – August 2011

RETIREMENT LETTER Under the age regulations, employers must follow a specific procedure when they want to compulsorily retire an employee. A court has now said that they must also tell employees what to include in their letter when exercising their right to request to stay on.

PROPORTIONATE TREATMENT Although employers can give women who are pregnant special treatment, we look at a case in which the court said that the “special treatment” provisions are limited to what is proportionate.

IN BRIEF The UK, along with 13 other European Union member states, appear to have stopped the Pregnant Workers Directive in its tracks indefinitely.

Click on the link to read more – Employment Law Update – July 2011

REASONABLY ILL Employers have to make reasonable adjustments for disabled employees in certain circumstances. We look at a case in which the courts said that failure to follow proper procedures amounted to unfair dismissal and a failure to make a reasonable adjustment.

BREAKING THINGS DOWN We look at a case in which the appeal tribunal said it did not matter that the employer failed to follow their conduct disciplinary procedures, because the dismissal was due to a breakdown in working relationships, albeit caused by the employee’s conduct.

IN BRIEF The Department for Work and Pensions has launched a review of UK health and safety regulations.

Click on the following link to read more: Employment Law Update – June 2011

The firm has recently announced three new appointments. Clare Pritchard, Sasha Tilson and Nick Ward Lowery all formerly Solicitors at the firm, have been appointed Partners in recognition of the work they have done.

Clare Pritchard joined the firm in 2003 and specialises in personal injury, with particular interest in industrial disease, settling a number of high value cases in recent years.

Sasha Tilson has been here since 2004 and is also highly regarded in the field of personal injury, working with clients who have suffered trauma through accident or neglect.

Both Sasha and Clare are members of the Association of Personal Injury Lawyers.

Nick Ward Lowery has led the firms’ Scunthorpe office since 2005. He is a member of The Law Society’s Clinical Negligence Panel and has recovered over £1.5 Million during the past two years, for clients who have suffered as a result of medical negligence.

John Burman, Managing Partner at the firm commented,

“Heptonstalls invests a great deal into recruiting and developing quality staff and I am proud to announce the appointment of these three new Partners. This has been as a result of their hard work and dedication to the firm. It is especially pleasing that we are able to do this in the current economic climate and I wish all three continued success with the firm”.

Heptonstalls LLP employs over 100 staff across its 4 offices in Goole, Pontefract, Howden and Scunthorpe.

The Brain Injury Group comprises over 50 of the UK’s most experienced lawyers across the country who specialise in brain injury cases. The Brain Injury Group has been established to ensure that brain injury cases are given the precise, specialist legal attention that they deserve. Increasingly, brain injuries are dealt with as ‘just another’ personal injury claim and the specific and varied needs of brain injured clients and their families are not always met.

John Burman, Managing Partner at Heptonstalls LLP commented,

“We are extremely proud to become members of the Brain Injury Group. It is important to provide specialist advice and long term support to clients who have suffered brain injuries and to be a member of a national resource such as the Brain Injury Group will ensure that we give the best possible service in this area”.

Compensation alone is not enough…

The Brain Injury Group understands that injured individuals and their families face many months of anxiety and uncertainty. Compensation alone isn’t enough. After the initial shock has subsided, the reality of a brain injury hits home hard. Day-to-day issues need to be dealt with while also caring for the injured individual. The Brain Injury Group helps affected families come to terms with their change in circumstances and can help to ease their financial and emotional burdens.

Who can use the Brain Injury Group?

People who have sustained a brain injury as the result of an accident or someone else’s negligence are eligible to receive help from the Brain Injury Group. This could be newly injured people or families seeking access to a local specialist law firm; people who have a lawyer but feel they may not be receiving the specialist expert care and attention they need or those whose cases have already been settled but who feel they may have been undercompensated.

To contact the Brain Injury Group either call 0800 612 9660 or visit http://www.braininjurygroup.co.uk/brain-injured-persons-&-family.htm