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Employment - Legal Updates

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Jun
22
2016

Star Wars producers feel the force of the HSE
#Employment

To protect your business from facing health and safety investigations, employers must take necessary steps to ensure their workers' safety. ...

Jun
17
2016

Religiously motivated attacks on apprentice dismissed as ‘workplace pranks’ by perpetrators
#Employment

Attacks made on a young Christian apprentice were dismissed by the perpetrators as "workplace pranks". A clear anti-bullying policy must be enforced to keep criminal acts to a minimum. ...

Jun
16
2016

Chelsea’s former team doctor scores settlement
#Employment

Dr Carneiro receives confidential settlement for an undisclosed sum following claims for construction dismissal and sex discrimination. ...

Jun
16
2016

Free range eggs but not free range workers
#Employment #Outsourcing & Supply Chain

Following the DJ Houghton Catching Services Ltd modern slavery case, employers should ensure that modern slavery is eradicated from their supply chains, with larger organisations being expected to publish annual slavery and trafficking statements. ...

Jun
10
2016

It’s all in the consistency...
#Employment

Where an employee is prohibited from wearing any visible signs of political, philosophical or religious belief, the prohibition must be consistent among differing religious group in order to not amount to direct religious discrimination. Employers must be consistent their policies and dress bans. ...

Jun
10
2016

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address
#Employment

Employees who breach the Data Protection Act should expect to see themselves hauled before the courts....

Jun
07
2016

Capitalism in disarray – is HR ready for the challenge?
#Employment

There is no quick way to raise productivity; HR professionals ought to be spending more time transitioning to and developing a sustainable growth pattern. ...

Jun
03
2016

Duty to make reasonable adjustments triggered by employer’s expectation
#Employment

An employers expectation that a disabled employee would work late has triggered the duty to make reasonable adjustments....

Jun
03
2016

Contractual variations: to write or not to write?
#Employment

Parties should be wary of inadvertently agreeing variations to contracts in the mistaken belief that changes can only be in writing, rather than any message to alter their drafting in this regard. ...

Jun
01
2016

How much HR do robots need?
#Employment

Many companies are relying heavily on robotics and staff are becoming increasingly concerned about the implications this has on their job security. ...

May
27
2016

Right to work checks - how to avoid a £20,000 fine from the Home Office
#Immigration #Employment

Employers who receive a “Information Request: Illegal Working Civil Penalty”must provide the necessary evidence within the set time frame if they are to have a statutory excuse against a civil penalty. ...

May
27
2016

Breach of Working Time Regulations does not, without more, lead to injury to feelings award
#Employment

The case of Santos Gomes v Higher Level Care Ltd has made clear that compensation arising out of an employer’s failure to provide statutory rest breaks under the Working Time Regulations (WTR) does not extend to ‘injury to feelings’....

May
27
2016

Is ACAS Early Conciliation working?
#Employment

Early conciliation is a free service offered by ACAS. It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim. This was in an effort to encourage early engagement and settlement between the parties, thereby, removing the need to pursue claims in the Employment Tribunal. ACAS conciliation remains open to the parties thereafter, but on a voluntary basis. ...

May
24
2016

HR = Human Relationships
#Employment

Focus in many successful companies is concentration on winning business, operational excellence and adding profit. All good, but do human relationships usually get sidelined?...

May
19
2016

Employers could be vicariously liable for privacy breaches
#Employment

The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy....

May
19
2016

NHS Trust fined £180,000 over data protection breach
#Employment

The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service....

May
19
2016

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination
#Employment

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. ...

May
13
2016

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination
#Employment

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?...

May
12
2016

EAT further loosens causal test for discrimination arising from disability claims
#Employment

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of....

May
12
2016

An employee negotiating a settlement could still claim constructive dismissal
#Employment

In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit....

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