Our Services

A victimisation claim brought against an employer has been dismissed because of the precise wording in a previous COT3 settlement agreement.

Arvunescu v Quick Release Automotive Ltd went to an Employment Tribunal (ET) and Employment Appeals Tribunal (EAT) and finally the Court of Appeal.

Mr Arvunescu had worked for QRA a month before his dismissal in June 2014. He then brought a race discrimination claim but this was settled in March 2018 via a COT3 agreement.

A COT3 agreement sets out the terms of a settlement agreement between an employer and an employee

It forms part of the ACAS early conciliation process and is intended to resolve employment claims coming before the employment tribunal.

The agreement included the following words:

“The claimant agrees that the payment […] is accepted in full and final settlement of all or any costs, claims, expenses or rights of action of any kind whatsoever, wheresoever and howsoever arising under common law, statute or otherwise (whether or not within the jurisdiction of the employment tribunal) which the claimant has or may have against the respondent or against any employee, agent or officer of the respondent arising directly or indirectly out of or in connection with the claimant’s employment with the respondent, its termination or otherwise. This paragraph applies to a claim even though the claimant may be unaware at the date of this agreement of the circumstances which might give rise to it or the legal basis for such a claim.”

Mr Arvunescu later brought another claim against QRA for victimisation in May 2018, alleging that the firm was responsible for his failure to get a job at a subsidiary of heirs.

The ET and the EAT held that this victimisation claim had been settled by the COT3 agreement. Mr Arvunescu then appealed.

Court of Appeal decision

The appeal was dismissed by the Court of Appeal which said Mr Arvunescu’s victimisation claim was clearly caught by the COT3 wording.

While the claim didn’t arise directly or indirectly ‘out of’ his employment at QRA, it nevertheless arose indirectly ‘in connection with’ it.

The claim was, therefore, compromised or settled by the COT3 agreement. The ET was correct, therefore, to strike out the claim and the EAT was correct to dismiss the appeal on that issue.

For help and guidance on employment disputes, contact our expert team today.

The key to solving the skills crisis in the UK could be using more migrant workers, according to a new report.

The Office for National Statistics (ONS) data from August to October showed a 565,000 shortfall in the number of those working or seeking work in the UK.

But the post-pandemic immigration rate of 1.1 million arrivals a year could be the key to solving Britain’s skills crisis if sustained, according to the Social Market Foundation (SMF).

The combination of strong demand from a skills-deprived and older UK workforce, and massive supply from rapidly growing countries that have close links to the UK, like India and Nigeria, could see the current high level of immigration continue into the medium and long term.

The SMF report recommends new policies, including establishing skills partnerships with migrants’ home countries, where the UK would support the training of workers, some of whom would then bring those skills to Britain.

The Government says you will usually need a sponsor licence to employ someone to work for you from outside the UK.

Type of licence

This depends on whether the workers you want to fill your jobs are:

‘Workers’ – for skilled or long-term employment

‘Temporary workers’ – for specific types of temporary employment.

Whether you need a licence will also depend on whether the job that you want to fill meets certain criteria.

Job suitability

You can sponsor a worker if the job they’re going to do has a suitable rate of pay and skill level, or meets the other criteria needed for their visa.

You will not need a licence to sponsor certain groups, for example:

• Irish citizens
• Those with settled or pre-settled status under the EU Settlement Scheme
• Those with indefinite leave to remain in the UK.

If you are looking to hire overseas workers to fill position within your workforce it is important that you understand your obligations as an employer and acquire visa sponsor status, if required.

If you need assistance with becoming a visa sponsor or have any queries about recruiting overseas, please get in touch.

Employers have important legal obligations when it comes to health and safety in the workplace, but how do many businesses currently stack up?

The Health and Safety statistics for 2021/2022 have now been released. It has been revealed that there were:

• 8 million working people suffering from a work-related illness, of which:
  • 914,000 workers suffering work-related stress, depression or anxiety
  • 477,000 workers suffering from a work-related musculoskeletal disorder
  • 123,000 workers suffering from COVID-19 which they believe may have been from exposure to coronavirus at work

• 2,544 mesothelioma deaths due to past asbestos exposures (2020)
• 123 workers killed in work-related accidents
• 565,000 working people sustained an injury at work according to the Labour Force Survey
• 61,713 injuries to employees reported under RIDDOR
• 8 million working days lost due to work-related illness and workplace injury
• £18.8 billion estimated cost of injuries and ill health from current working conditions (2019/20)

The latest data shows that there is still a considerable number of injuries, deaths and sickness associated with working conditions.

The impact on the individuals involved can be considerable, but so can the wider effect on the economy and productivity.

If you are facing prosecution for health and safety breaches, please contact us.

What can you do to promote equal pay in the office?

Equal Pay Day 2022, which fell on 20 November this year, marks the day when women effectively begin working for free for the rest of the year due to the average gender pay gap.

Office for National Statistics figures show the average pay disparity between male and female UK workers increased to 8.3 per cent, up from 7.7 per cent in April 2021.

The date, calculated by the Fawcett Society, arrives later than last year’s 18 November, but lands on the same date as in 2020, showing the lack of progression made on the UK’s gender pay gap in the last two years.

The Fawcett Society’s campaigning led to the introduction of gender pay gap reporting, introduced by the UK Government in 2017.

Flexible working is key

By law, men and women must get equal pay for doing ‘equal work’. This is work that equal pay law classes as the same, similar, equivalent or of equal value.

A report in June this year showed 43 per cent of UK companies reported an increase in their average gender pay gap.

The Fawcett Society says that by abandoning questions about an applicant’s pay history in previous employment, offering flexible working, demonstrating routes to progression and tackling workplace harassment, employers can create a productive, thriving, and equal workplace.

Other steps when hiring or promoting could include:

Skill based assessment

Ask candidates to perform tasks they would be expected to perform in the role they are applying for. Use their performance on those tasks to assess their suitability for the role.

Encourage salary negotiation

Women are less likely to negotiate their pay. This is partly because women are put off if they are not sure about what a reasonable offer is. Employers should clearly communicate the salary range on offer for a role to encourage women to negotiate their salary.

Multiple women in shortlists

When putting together a shortlist of qualified candidates, make sure more than one woman is included.

Greater transparency

Introducing transparency to promotion, pay and reward processes can reduce pay inequalities.

Need advice with legal employment matters? Contact us today.

With Christmas right around the corner, many companies will be sourcing seasonal staff to help navigate the busiest time of the year.

Many of these new starters will be employed under a zero-hours contract. But what exactly are they, and what do employers need to know?

What is a zero-hours contract?

A zero-hours contract, also known as a casual contract, is one in which the employer does not guarantee the employee any hours of work.

Under this contract, you can offer somebody work as you see fit, and they can choose to either to accept or decline it on that occasion.

How much is someone on a zero-hours contract paid?

You must pay your employee at least the National Minimum Wage, regardless of how many hours they work.

Do employment rights stay the same?

Yes, employees on zero-hours contracts are entitled to the same statutory employment rights as their colleagues.

Employment rights will also depend on their employment status, which will either be a ’worker’ or an ‘employee’.

Any ‘worker’ or ‘employee’ on a zero-hours contract will be eligible for at least the National Minimum Wage, safety from discrimination, paid annual leave and daily breaks.

What is the difference between a worker and an employee?

In short, an employee is someone who works for you under the terms laid out in an employment contract.

On the other hand, a worker is a much wider term and includes any individual who works for you, whether under an employment contract or other type of contract.

However, a ‘worker’ doesn’t include someone who is self-employed.

What are the long-term implications?

Zero-hour contracts have become increasingly popular as businesses seek a reduction in costs and enhanced skills in an ever-demanding working world.

However, it’s still important to bear in mind how this type of employment contract can affect long-term sustainability and strength.

There are a range of positives for employers and employees alike, such as a level of flexibility and additional opportunities.

However, the positives do not come without the negatives, which include unpredictable hours and potential added pressure.

No matter what you decide when employing staff over Christmas, keeping all likely implications in mind is vital.

A health board has recently faced a £160,000 fine after three employees developed Hand Arm Vibration Syndrome (HAVS) at work.

Employees of Powys Teaching Health Board had to regularly use handheld power tools such as lawn mowers, strimmers and hedge cutters, despite a risk assessment not being carried out.

This lead to an investigation by the Health and Safety Executive (HSE), who declared that the health board had not adequately measured the levels of vibration exposure to its staff.

As well as this, it was also found that there was not enough information and training offered to staff, and that the health board had disregarded calls from its own occupational health department to carry out a risk assessment.

What is Hand Arm Vibration Syndrome?

HAVS affects the feeling of the fingers which can result in lasting numbness, muscle weakness and attacks of white finger.

The condition is caused by long term exposure to vibration which leads to damage to the small nerves and blood vessels in the fingers.

This damage is typically minor, but due to how often it recurs, it intensifies the effects.

What are the symptoms?

Symptoms include:

• Loss of feeling and/or pins and needles in one or more fingers.
• Clumsiness and trouble carrying out certain tasks. For example, those affected may struggle to fasten buttons or to handle coins, screws, nails, etc.
• Raynaud’s phenomenon, when the fingers turn white, then blue, then red.
• Aches and pains in the hands and lower arm.

What do workplaces need to do?

Keeping on top of health and safety at all times is vital.

Employers must regularly monitor, assess and train employees if they are to operate handheld power tools for long periods of time. This is a legal requirement.

How can we help you?

Failure to put the correct health and safety procedures in place may lead to prosecution. In these instances, seeking legal advice is crucial.

Jeremy Sirrell, a Director at Palmers and a Health and Safety advisor, has a wide experience of the criminal justice system, including representation in health and safety prosecutions.

If you are facing prosecution, Jeremy’s proven expertise means he can advise and deal with these matters effectively.

For help and guidance on all aspects of Health and Safety Law, including prosecutions, please contact our expert team today.