Before joining us, Ashlea worked at another local law firm progressing from Legal Secretary to Trainee Solicitor, qualifying in 2025 as a Solicitor.

She represents both employees and employers on all employment and HR issues.

Ashlea spends 100% of her time working on employment matters.

She deals with a range of issues including, settlement agreements, unfair dismissals, discrimination, grievances / disciplinary’s, breaches of contract and redundancies. Ashlea would be happy to offer advice on contracts, policies etc.

In her spare time Ashlea enjoys reading and collecting Lego (mainly Harry Potter).

Welcome to the team Ashlea, from all at BTTJ!

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Our Employment Law team are reminding employers of the importance of complying with flexible working laws, especially as hybrid and remote working continue to reshape modern employment.

Flexible working is now firmly embedded in employment rights, and employers must ensure their policies and practices are legally robust to avoid potential disputes and discrimination claims.

Flexible Working: Understanding Current Employer Obligations

Under current UK law:

• All employees have the right to request flexible working from day one of employment.
• Employees may make up to two flexible working requests in any 12-month period.
• Employers must respond within two months of receiving a request unless an extension is agreed.
• If refusing a request, employers must provide a valid reason based on one of the eight statutory business grounds.
• Employees no longer need to explain the potential impact of their request on the business.

Employment Solicitor Kerry Hudson, stresses the practical importance:

“Employers must treat flexible working requests seriously and respond in a timely, documented, and fair manner. Ignoring or mishandling requests — particularly where they relate to carers, parents, or disabled employees — can expose businesses to discrimination risks.

There is no automatic right for employees to work flexibly, but employers are required to properly consider all requests and clearly communicate any refusals with evidence.

Hybrid and remote working arrangements must also be treated consistently and fairly across teams to prevent inadvertent disadvantage to any group of employees.”

Managing Sickness Absence in a Hybrid Workplace

We would also like to remind employers that managing sickness absence requires equal treatment for remote, hybrid, and office-based staff.

Absence policies must be applied consistently to avoid claims of unfair treatment. Employers should engage in regular dialogue with absent employees, offer support for returning to work, and make reasonable adjustments when necessary.

Introducing clear review triggers — such as meetings after a set number of absences — can help maintain transparency and fairness across the workforce.

Action Points for Employers

We recommend businesses act now to:

• Review and update flexible working policies to reflect current law and best practice.
• Update employment contracts and handbooks to support flexible and hybrid working frameworks.
• Train managers and HR teams to properly handle flexible working requests and sickness absence.
• Maintain clear documentation of all decisions regarding flexible working and sickness management.
• Ensure consistent application of policies across hybrid, remote, and office-based workers.

A Competitive Advantage Through Compliance

With flexible working requests becoming increasingly common, and tribunals expecting employers to follow proper procedures, businesses must take proactive steps to ensure compliance.

Kerry concludes:

“The way employers handle flexible working requests reflects directly on their workplace culture. Those who approach requests fairly and transparently are not only protecting their businesses legally, but also enhancing their ability to attract and retain top talent.”

If you require employment law services and would like to discuss your situation with an expert employment solicitor, then please contact us. We offer employment services to both Employers and Employees and our team are very happy to discuss your requirements with you.

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We have seen an increase in the number of employers and employees alike who are approaching us for legal advice.

We’re seeing a lot of redundancies and restructuring plans being brought forward, employers are worried about the impact of Labour’s new proposals, including ‘day one rights’ for employees, so they are looking to make any changes to their business now in light of the uncertainties.

In tandem with the rise in redundancies and company restructures we are also seeing an increase in the number of employers seeking advice on “without prejudice” settlement agreements, or packages offered to employees to facilitate a seamless exit.

Labour’s proposals look to strengthen employee’s rights, such as day one rights for example removing the minimum period of two years in which they can bring a claim for unfair dismissal, which is making employers nervous.

A settlement agreement is a written agreement between an employer and employee, often part of a voluntary redundancy programme. Regulated by statute, an employee agrees to waive their right to bring claims against their current or former employer.

Statute requires that before any agreement is signed, the employee must seek independent legal advice on the terms and effects of the agreement and their ability to pursue claims in case of an employment tribunal.

Settlement agreements look to settle all potential claims, with the exception only of enforcing the agreement itself, accrued pension rights, personal injury claims which the employee is not yet aware of.  Employers most often offer an ‘ex gratia amounts – a sum of money’ so that an employee will be more inclined to enter into and sign.

The employer will usually propose terms of settlement which can sometimes then be negotiated and agreed upon, with employees required to take legal advice often paid for by the employer before the agreement is made binding.

Employees do not have to accept the first offer made and can come back with a reasonable proposal but in these circumstances will have to pay their own solicitor’s fees.

We remind employers they must adhere to a fair process and consultation, offering alternative employment where possible and getting legal advice before embarking on business changes to avoid things go wrong and facing potential legal claims can prove dividends – as always preventive is better than a cure!

If you have been affected by a redundancy or restructure as an employee. Or are an employer looking for advice then please contact our expert team for assistance.

Article written by Employment Law Solicitor, Kerry Hudson.

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National Living Wage

The Government has announced an update regarding the National Living Wage and National Minimum Wage, set to come into effect from April 2024.

At present, workers aged 23 and over receive the highest rate of pay of National Minimum Wage, this is changing.

The changes in rates will be as follows:

• National Living Wage (note this is for 21 years and over and not as previously from 23 years ): from £10.42 to £11.44 per hour
• National Minimum Wage (18-20): from £7.49 to £8.60 per hour
• Young workers rate (16-17): from £5.28 to £6.40 per hour
• Apprentice rate aged 19 or under 19, or over 19 in the first year of apprenticeship): from £5.28 to £6.40 per hour

Flexible Working

An amendment is due to come into effect from April 2024 under the Flexible Working Act 2023.

Employees will be able to make a flexible working request from the first day of their employment, as opposed to currently ?having to wait 26 weeks.

The employer will have a two-month timeframe (instead of three) to make a decision on the request, which can be extended through mutual agreement, and requires the employer to provide a reason for any rejection.

Two applications, (previously one) can be made within any 12-month period.

Paternity Leave Changes Introduced

The Paternity Leave (Amendment) Regulations 2024 will bring about changes that will take effect on 6 April 2024.

These changes are as follows:

• Employed fathers and partners will have the option to take their statutory paternity leave in two separate blocks of one week of leave.
• Employed fathers and partners will have more flexibility to take their statutory leave at any time within the first year (within 52 weeks of birth or placement for adoption), rather than being restricted to just the first eight weeks.

Amendment to the Workers Protection (Amendment of Equality Act 2010)

The Workers Protection Act, along with the amendments to the Equality Act 2010 and associated secondary legislation is expected to come into force.

This will bring forth an obligation for employers to proactively prevent sexual harassment of their employees by taking appropriate measures.

Employers ought to ensure that they are taking ‘reasonable steps’ to prevent harassment; should they not, tribunals will have the power to increase sexual harassment compensation by up to 25% where an employer is found to have breached this new duty.

Further changes to look out for this year:

• Neonatal Care (Leave and Pay)

• Worker’s right in requesting a more predictable contract/pattern

• Legal protection from redundancy for pregnant workers

For further advice on any Employment Law related matters, whether that be as an Employer or Employee, please contact our expert team.

Article written by Employment Solicitor Kerry Hudson & Paralegal Ann George.

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Fit Notes

Fit notes are usually required for SSP where an employee has been off work for more than 7 days. Legal changes from 1 July 2022 now allows a wider range of registered healthcare professionals (nurses, pharmacists, occupational therapists and physiotherapists) in England, Scotland and Wales to issue fit notes.

Prior to this change only doctors had the authority to sign the fit notes.

The change has been welcomed as it eases the burden on GPs. In light of this change, employers should consider if the policies ought to be updated.

Menopause In The Workplace

The government has responded to an independent report commissioned by the Minister for Employment on the menopause and employment.

The government is of the view that changes are not required to the Equality Act 2010.

Menopause is not a protected characteristic under the Act, however if an employee is treated unfairly because of their menopause symptoms then this could be discrimination if related to a protected characteristic such as age, disability and sex.

Holiday entitlement for part-year workers

The Supreme Court has confirmed that holiday for part-year workers or permanent zero hours should not be pro-rated under the Working Time Regulations.

A part-year worker on a permanent contract is entitled to 5.6 weeks’ holiday entitlement.

For employers this means that contractual arrangements and holiday pay practices for part-year workers should be reviewed in line with the court’s ruling, and an audit to consider how workers’ pay is calculated for their holiday.

Contact our experienced Employment Law solicitors for further legal advice

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The Covid-19 pandemic still remains somewhat at the forefront of the new legislation, there are a number of key changes, ranging from increases to the national living wage to the enforcement of gender pay gap reporting, that both employers and employees should be aware of, according to Employment Solicitor Kerry Hudson.

Here’s what you need to know.

The main development in the incoming legislation will come in the form of the Employment Bill, which comes into force on the 1^st April introducing a plethora of new workers’ rights, as well as further obligations for employers.

Minimum wage is also set to rise along with other statutory rates, with the national living wage in particular increasing from £8.91 to £9.50. Statutory sick pay is also set to change from next month, rising from £96.35 per week to £99.35 per week. 

From April, organisations with 250 or more employees will also be obligated to publish an annual report containing their gender pay gap data. For public sector employers, the deadline for this will be 30^th March 2022, with a snapshot date of 31^st March 2021, and for private sector employers the deadline is 4^th April 2022, with the subsequent snapshot date being 5^th April 2022.

Also from 5^th April, the Home Office’s adjusted right-to-work checks regime is due to come to an end, meaning that employers will return to conducting full right-to-work checks using original documentation after that date.

Perhaps one of the most crucial forms of legislation that will pass is from 1^st April the current guidance on voluntary Covid-status certification in domestic settings will be removed, meaning there will no longer be a requirement for every employer to explicitly consider Covid-19 in their risk assessments. Free universal symptomatic and asymptomatic testing for the general public will also no longer be provided.

Further regulations set to come into force next month will see vaccinations becoming a legal requirement for health and social care workers in a face-to-face role unless they are exempt on medical grounds.

Further changes in legislation are also set to be put into motion later on this year which will have implications for both employers and employees.

For instance, with flexible working now very much a modus operandi of business life, a recent government consultation has considered making flexible working a default option for employees from day one of employment.

Reforms to the Modern Slavery Act which could force organisations to review their anti-slavery statements and legislation regarding ethnicity and disability equal pay gap reporting and data protection will also come into force over the forthcoming year.

Finally, as employers are under no proactive duty to prevent sexual harassment in the workplace, more onus is set to be placed on employers to avert such occurrences of wrongdoing.

With a host of new employment laws coming into force in the coming weeks it is vital that both employers and employees alike gain a full understanding of the forthcoming legislative changes as they could well bring substantial implications to both entities.

Whilst many of the incoming changes are clear cut, those such as making vaccinations a mandatory requirement for employees in some sectors, bring uncertainty for employees, especially with regards to those who are under employment yet wish to opt out of being vaccinated. A key issue that could potentially arise will be the risk of potential unfair dismissal and discrimination claims against employees who refuse to be vaccinated.

Therefore, if employees or organisations do have any concerns regarding the upcoming legislative changes next month, or those that are set to be put in motion over the coming year, then it is vital that you seek the advice of a professional in order to gain a full understanding of how it might affect you either as an employer or an employee.

Contact us if you require Employment Law advice

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Employers and their staff must make preparations and know their rights now employees are able to self-certify sickness for up to 28 days under a temporary rule that came into effect on the 17^th December 2021, but will apply to periods of sick leave from the 10^th December.  The temporary measure ends on the 26^th January 2022.

Employees can normally only self-certify for the first seven days of absence, but the temporary new rules have been brought in to reduce pressure on GPs during the COVID-19 pandemic and are in effect for all employees in England, Scotland, and Wales.

This relates to all absences as a result of illnesses, not just covid.

However, covid will no doubt be at the forefront of an employer’s mind.

While the change may present business continuity challenges, employers can ask for proof of a positive PCR test from an employee claiming to have coronavirus.

Kerry Hudson, Employment Solicitor says: “Some managers may feel uncomfortable asking for evidence of a positive PCR test but I consider are well within their rights to do so, not least to be able to take steps in the employees workplace such as deep cleaning their work station.

The sad fact is some employees may exploit the epidemic as an opportunity to take paid time away from the workplace or desk. By requesting evidence of a positive test, managers can reduce this risk and deter similar behaviour and simply having a policy that applies to everyone will assist.  It’s important to make sure this applies to everyone, so no one considers they are being singled out.”

In some circumstances, employers may offer you a private referral and treatment such physiotherapy or other types of occupational therapy, in fact, some contracts of employment give employers the right to ask you attend upon a referral such as to occupational therapist to comments on your fitness to work.

Kerry says: “Employers should discuss any changes that might help the employee return to work such as different/phased hours or reduced duties.

Employees must also be mindful that, unless there is an enhanced company sickness policy in their contract, they will still only be entitled to statutory sick pay.”

Depending on the reason for absence it will also affect when you become eligible, for example if  self-isolating because you are suffering from covid, you may get SSP from the first day, if your absence is not related to covid, it will be from day 4.

Some firms recently have amended their sick pay polices such as Morrison’s, who will only pay enhanced sick pay to those off suffering from covid who have had their vaccine, whereas those who have not had the vaccine will be entitled to SSP only.

She also reminds employees, having had enquiries from employees who have been absent from work on sick leave, but then posted pictures of themselves on social media which have been used against them in disciplinary proceedings if the employer considers the posts depict a different account to the employees’ health that they are declaring, that this is not a breach of GDPR or invasion of private life – the posts are on social media platforms

The changes have been implemented to free up health professionals to focus on the vaccine booster programme and emergency care.

According to the GOV.UK website; “Employees must give their employer a doctor’s ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than 28 days in a row and have taken sick leave.

This includes non-working days, such as weekends and bank holidays.

If they started their sick leave before 10 December 2021, they must give proof if they’ve been off work for more than 7 days, including non-working days.

If employees are self-isolating and cannot work because of coronavirus they can get an ‘isolation note’ online from NHS 111.”

The rules will revert back on 26 January 2022 but there is a possibility the temporary rules could be extended if the health system is still under pressure.

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Kerry Hudson, Employment Solicitor said there was a growing number of cases where the skillsets of existing employees no longer suited the changing needs of a business.

The sea change started at the beginning of Covid19. With many businesses using the quieter period to take stock and re-evaluate, some employees have either found themselves surplus to requirements or their skills no longer match the direction of the business.

Kerry said: “I have seen a lot more cases of redundancy over the past year, but it is not because of cutting costs, it is because business needs have changed and there need to be internal changes accordingly.

So, some people have seen their roles change while others might not necessarily have the required skill sets any more.

This has been a real problem among senior level executives for example, who are much harder and more costly to retrain than someone at a lower level. Another emerging issue relates to people who were working abroad and had to come back as a result of the pandemic. Companies are asking do they really need to fly their employees abroad or can someone else take on the same role.”

Kerry warns that even if a member of staff no longer fits the bill, employers should follow the correct route to dismissal in order to protect themselves.

This includes:

• Evaluating the diminished need
• Exploring alternative employment opportunities within the business
• Exploring training opportunities which could lead to employment elsewhere within the business
• Exploring the possibility of reduced hours or reduced pay to save jobs.

Kerry states that, redundancies against groups of people – such as the oldest or the youngest – can lead to discrimination.

One safe, effective method is a scoring matrix if there is a ‘redundancy pool’ which outlines a fair selection criteria in which employees’ skill sets, disciplinary record and sickness record comes under the spotlight. With all factors taken into consideration the matrix makes the choice for the employer.

However employees who have served less than two years with a company are not offered protection against redundancy.

For any Employment Law related questions, please contact our expert team at BTTJ

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Kerry Hudson, Employment Solicitor, issues the warning in light of the end of the government’s furlough scheme this month.

With the scheme offering a lifeline to companies such as in leisure that have been forced to temporarily shut down in times of less demand, there is now a lot of uncertainty about what might happen in the future once it comes to an end.

Often in industries where there is a high turnover and employees are hired very quickly, it might be all too easy to overlook a contract of employment, and sometimes employers might think it’s ‘a bit much’, but when things go wrong having a contract of employment goes a long way to resolving disputes.

From the first day of your employment employees are entitled to a written statement of employment which covers key elements of the agreement, such as pay, start date and hours of work.

However, a contract of employment provides that much needed security for both parties so neither party is left wondering what has been agreed or what they are entitled to, particularly if the employers has stated they are entitled to extra benefits over the statutory legal minimum.

Factories in particular are known for laying employees off to accommodate peaks and troughs, but furlough changed that as it brought about an alternative.  However now it is due to end employers need to be more disciplined in their approach to avoid difficulties in the future if situations like the pandemic happened again and there was no furlough scheme so clauses such a lay off or short time working need to be covered

A contract of employment – particularly for people in industries such as those most hit by the pandemic – would clearly set out the employer’s position and give both parties more clarity.

While a written statement of employment is a legal requirement, contracts of employment are not. But they could offer an added layer of protection should companies come up against legal action from a disgruntled employee.

In some circumstances an offer letter may appear to suffice, but I would always go one step further – particularly with the events of the past year and resulting changes in legislation.

A contract of employment goes into much more detail. Each party knows where they are and what is expected of them and with more and more people working flexible hours in the wake of the pandemic, a contract of employment gives employers the opportunity to outline such finer details – including the days an employee may be expected in work and the days they can work from home.

Also, don’t forget the crucial importance of a restrictive covenant that can be added to an employment contract to protect your business and the more senior your employee, the more crucial it is to have a contract of employment.

An employer investing in a proper contract of employment will reap its rewards when you need it most. Employees expect Contracts, when they don’t receive one it starts to raise concerns, so get it sorted from the outset.

For more advice on Employment Law both for employees & employers, contact our team of experts on 02476 531532

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Employees/workers should therefore be mindful before embarking on the process questioning whether they are able to invest the time, emotional investment, and if instructing a solicitor, the finances before pursuing a matter to a final hearing.

Many employees believe tribunals are a quick fix when reality shows they can be a long, drawn out process with employees often having unrealistic expectations of potential compensation if their claim succeeds, according to our experts.

Kerry Hudson, Solicitor in our Employment team, said: “Many people come to us ‘wanting their day in court’ believing the final hearing may be for a day when in actual fact they can be listed for several days, if not on occasions, weeks.

So, the questions you need to ask yourself are, are you able to take time out of your new job? Can you rely on witnesses who more likely than not are your former colleagues to take time out of their work? Can you rely on your witnesses to speak out against their employer on your behalf? Are you prepared to represent yourself or cover the legal fees? What are your actual factual losses?”

Kerry states that many people opt to represent themselves in court to save on legal fees. But even at the end of the hearing, the pay-out may not seem worth the money, time and emotion spent over the past year.  Also, a person representing themselves is still expected to meet the same requirements necessary to bring a claim before the Tribunal as a solicitor would – proving their claim and completing the documentation.

“They’re quite often up against a solicitor which can also really stressful for some people,”

“The trouble is there are too many headlines out there with people being paid something in the region of £250,000. While this does on rare occasions happen, the average pay out, for example, in a sex discrimination case is actually £8,000. It is not often the tens of thousands of pounds that people think.”

Kerry advises people to think about how much actual financial loss they have suffered before pursuing any employment tribunal.

“Whilst we encourage employees who have suffered a detriment because of a wrongdoing to bring a claim, which is precisely what the Employment Tribunal was set up to address, it will not be a quick process.  Therefore, in my view ACAS¹ early conciliation is more important than ever.

“This can result in no admission or no liability offers from employers, as employers will also need weigh up the cost of the business both financially and time in defending a claim and making a financial offer may be a way to bring a dispute to a swifter conclusion.

“As an employer you may have a strong belief you’ve done nothing wrong, and want to defend the claim outright, but consider do you really want five members of your staff taking time out of the office to sit in a tribunal for two weeks? A financial settlement, as unpalatable as it may seem, may make more business sense.  This is where ACAS can help.”

Kerry recommends that getting legal advice at the outset to gauge realistic prospects of success and value of the claim, will be a far better investment than waiting until you are weeks away from a final hearing.  By taking advantage of ACAS conciliation and be open to mediation throughout could open a forum for a swifter resolution which is where legal advice could be invaluable.”

For further details visit our Employment Law pages.

¹ACAS – the conciliation service for employers and employees – helps parties where possible to reach a settlement.

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