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Employment Law

Our Employment Law specialists are dedicated to supporting you with plain-speaking legal advice, tailored to your individual situation. 

Your job might be the reason you get up in the morning or it might be the reason you can have fun at the weekends. Either way, it is important to you and when things go wrong at work, it can be stressful, exhausting and bewildering.

We are well known for providing commercial and pragmatic advice when individuals are facing difficult or stressful circumstances in their working life. Our team can help guide you through your options and provide clear and expert solutions to resolve your issue.

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    Landmark Decision for Asda Workers

    In a landmark Supreme Court decision, retail employees of Asda which include shop floor workers and other front of house staff are now one step closer to succeeding in their claim for equal pay. In this ongoing lengthy dispute between Asda and its retail employees,...

    UK’s child citizenship fee appeal upheld

    The Court of Appeal upheld a ruling in February 2021 that the Home Office failed to assess the best interest of children in setting fee. The Home Office fee of £1,012 for children to naturalise as British citizens is declared as unlawful. The ruling found that...

    National Minimum Wage and ‘Sleep-in’ Shifts

    The Supreme Court has ruled that ‘sleep-in shift time’ is not considered ‘work’ for the purposes of the national minimum wage. As a result, care workers who sleep at or near their workplace as part of their job while on shift are not entitled to the national minimum...

    Balancing conflicting views in the workplace

    Can you dismiss an employee for voicing religious views at work? The case of Page v Lord Chancellor decided that a magistrate had not been discriminated against after he was dismissed for declining to order a same-sex adoption, due to his Christian beliefs. This is...

    Fair dismissal after refusal to wear a face mask

    In the first case of its kind, an Employment Tribunal has ruled that it was fair to dismiss an employee for refusing to wear a face mask at work. This is an issue that has been long debated and we now have the first decision on an employer’s scope to enforce the...

    How will the 2021 Budget affect Employment?

    After what seemed like a long build up, Chancellor Rishi Sunak has now set out his plans to help the economy bounce back from the effects of the Covid-19 pandemic. With more than 700,000 people losing their jobs, the Chancellor has announced further measures which aim...

    Uber loses in the Supreme Court: drivers are workers, not self-employed

    On 19 February 2021 the Supreme Court upheld the Employment Tribunal’s decision in the Uber BV v Aslam & Others case. It was held that Uber drivers are ‘workers’ and not self-employed. The facts The court considered several elements in its judgment: Uber...

    Would you rather: pay £62,381 in compensation OR make “reasonable adjustments”?

    On 4 January 2021, an employer was ordered to pay to a Claimant £31,500 plus interest for injury to feelings, personal injury and aggravated damages and a further £21,897 plus interest for financial loss, both figures including a 25% uplift for the employer’s failure...

    Has your equality and diversity training gone “stale”?

    In January 2019 the Employment Tribunal held that Mr Gehlen (the Claimant) suffered race related harassment during his employment with Allay (UK) Limited (the Employer) and was awarded compensation. The Employer’s defence was rejected by the Tribunal and the Employer...

    Implied and Fiduciary duty at the end of employment

    On 13 January 2021, the Court of Appeal dismissed an appeal from Travel Counsellors Limited (TCL) of a decision by the High Court. In March 2020, the High Court held that TCL had breached their obligations of confidentiality by using client information brought to it...

    Herrington Carmichael LLP provides ‘an excellent, timely and professional service at all times’, with ‘exceptionally fast response times without any compromise on quality of advice and professionalism of service’. Highlights included bringing a high-profile claim against the defunct firm King & Wood Mallesons on behalf of over 200 employees, as well as defending a financial services client against an Employment Tribunal claim worth around £10m and advising a laundry company on the reorganisation of its business. Practice head Alistair McArthur is widely lauded, with reviewers recommending him as an ‘exceptionally bright and discerning lawyer’, ‘commercially savvy and decisive’, ‘always making himself available’ and ‘possessing strong business acumen’. Another key individual for the team is senior solicitor Katrine Clay.

    -Legal 500, 2019

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    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

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