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Employment - Legal Updates

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Jul
08
2016

Settlement negotiations under section 111A ERA ruled to be inadmissible in Tribunal proceedings
#Employment

Since 29 July 2013, parties have been able to use s.111A to ensure pre-termination negotiations for unfair dismissal claims are inadmissible in any subsequent Tribunal proceedings....

Jul
08
2016

Ex-employee ordered to delete confidential information stored on personal devices
#Employment

To guard against the risk of confidential data ending up in the wrong hands, employment contracts should clearly set out the employee's obligations on termination. ...

Jul
05
2016

Industrial relations in a post-Brexit Europe
#Employment

Brexit will be negative for UK unions as they will face difficulty in urging legal reforms on a relatively unreceptive UK Government; however union structures and agreements vary a lot around the EU. HR professionals must promote and protect the advantages of UK employment laws and practices....

Jul
01
2016

Brexit and Human Resources
#Employment

HR will feel the brunt of the UK's decision to leave the EU with staff cutbacks, loss of talent, a slowdown in recruitment, and a decrease in employee engagement being among the many issues they will face going forward....

Jul
01
2016

Employment tribunal fees preventing access to justice
#Employment

Employee tribunal fees have had a negative impact on early conciliation between parties with employers having little incentive to settle in circumstances where the Claimant may struggle to pay the fees. It is recommended that fees should be reduced or replaced....

Jul
01
2016

ACAS Code does not apply to SOSR dismissals
#Employment

The Phoenix House Ltd v Stockman & Anor case highlights the difficulty in dismissing fairly for a breakdown in the working relationship. Employers will be expected to follow a fair process for SOSR dismissals....

Jul
01
2016

Ordering reinstatement on reduced duties can be permitted
#Employment

A tribunal has no power to order reinstatement on terms which alter the contractual terms of employment but it can recognise external factors beyond the employer and employee’s control which limit the employee’s scope of work....

Jun
24
2016

The Supreme Court holds that the abuse of migrant domestic workers is not race discrimination
#Immigration #Employment

Employers must understand and articulate the reason for an employee’s treatment in a potential direct discrimination claim and should think carefully about why they might be treating a member of staff differently. ...

Jun
24
2016

Britain votes ‘Leave’ – What next?
#Employment #UK Immigration

Despite the UK voting to leave the EU, the impact of Brexit on employment law still remains uncertain; it is likely that the UK will remain part of the EU for at least two years after notice has been served. ...

Jun
24
2016

Asda continue to face mulitple equal pay tribunal claims
#Employment

Asda is defending claims that it is unlawful for them to pay in-store employees less than the warehouse-based employees. ...

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. ...

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