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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....

May
06
2016

EU General Data Protection Regulation – The impact on employers
#Employment

The existing law on data protection within the EU is based on a European directive introduced over 20 years ago. There is no uniform approach to data protection across the EU and significant advances in technology means the current law is out of touch with the modern world....

May
06
2016

Restrictive covenants...are they restricting more than just former employees?
#Employment

As part of its new Innovation Plan, the Government has asked businesses across the UK for their views on whether ‘non compete clauses’ in employment contracts are obstructing the UK’s innovativeness and employment opportunities. ...

May
06
2016

Trade Union Bill receives Royal Assent: A breakdown for employers
#Employment

The Trade Union Bill received Royal Assent yesterday and has now become the Trade Union Act! Its passage through parliament was a turbulent one with the Bill receiving significant criticism from opposing MPs and Peers. As a result, the Government was forced to make a number of concessions. One of these concessions was to abandon proposals to abolish the check-off system (the practice of collecting union subscriptions via employees’ pay). The check-off system has survived with the compromise being that the administrative and financial burden of the check off system will belong to the unions....

May
03
2016

What exactly needs changing? Re-organisations and contract terms issues for HR
#Employment

It is a frequent issue for HR that a decision is made to carry out some organisational change that impacts all or any of working hours, shift arrangements, rates of pay, duties to be carried out, and other similar matters that not surprisingly make employees feel unsettled or, in some cases, militantly opposed to the employer's plans....

Apr
29
2016

Wanted: Practicability and precision for re-engagement orders
#Employment

The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision....

Apr
29
2016

If it’s work-related – it’s not a private matter!
#Employment

In the recent case of Garamukanwa v Solent NHS Trust an employer was held not to have breached an employee’s right to a private and family life...

Apr
27
2016

New pressures on HR from supply chain risks
#Outsourcing & Supply Chain #Employment

Convergence of various developments will pull over stretched HR more towards how to manage and monitor supply chain issues, especially when contracting with overseas countries that have a high risk profile for workforce practices that offend international standards and UK corporate values....

Apr
22
2016

Handy hints from the Court of Appeal on the contractual nature of staff handbooks
#Employment

In the case of Department for Transport v Sparks and others, the Department of Transport (DfT) wanted to implement a new attendance management procedure. This new procedure contained provisions allowing for the formal absence management process to be triggered earlier than was currently the case....

Apr
22
2016

Employers no longer have to pay National Insurance contributions for apprentices under the age of 25
#Employment

April 2016 marks a change in the law that is designed to further encourage employers to take on more apprentices. Since 6 April 2016 employers no longer have to pay National Insurance contributions for apprentices under the age of 25 for earnings below £827 per week (£43,000 per year)....

Apr
22
2016

Whistle-blowing – ‘Allegation’ and ‘Information’ are not alternative concepts and suspension was an ongoing detriment
#Employment

The recent case of Kilraine v London Borough of Wandsworth has demonstrated that when assessing if there has been a disclosure of information, for whistle-blowing purposes, ‘information’ and ‘allegations’ are often intertwined and Tribunals should not fall into the trap of treating disclosures as either one or the other. Further, suspending an employee will constitute a continuing detriment and not just one that takes place at the point of suspension....

Apr
19
2016

Cultural leadership and HR
#Employment

What is the "culture" of a business? How would employees describe it?...

Apr
19
2016

Convergence of best practice and business sense: The role of Human Resources in a complex international landscape
#Employment

As reports of violence, extremism and endemic corruption across the world seem an everyday occurrence a perplexed business executive, who knows that there is a big world out there to do business in, may ask where on earth can I safely travel and where can I confidently do any business?...

Apr
14
2016

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal
#Employment #UK Immigration

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR)....

Apr
14
2016

Disciplining an employee for imposing her religious beliefs was not discriminatory
#Employment

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee....

Apr
08
2016

Payments to ex-employee during restrictive covenant period made no difference to enforceability
#Employment

The recent case of Bartholomews Agri Food v Thornton has provided some useful guidance to employers who wish to rely on restrictive covenants when an employee leaves. ...

Apr
08
2016

“Pulling a sickie” was gross misconduct
#Employment

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship....

Apr
01
2016

Whistleblowing: “Public Interest” developments
#Employment

The Employment Appeal Tribunal (“EAT”) recently revisited the issue of whether an employee’s disclosure was made in the public interest. ...

Apr
01
2016

Constructive unfair dismissal: employers should pause before writing that letter
#Employment

The Employment Appeal Tribunal (EAT) has upheld a decision that contacting an employee to raise non-urgent concerns while they were off sick amounted to a repudiatory breach of contract. ...

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