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Feb
19
2016

Sunday trading rules to be devolved to local authorities
#Employment

In August 2015 we blogged on the launch of the Government’s consultation into whether Sunday trading rules should be devolved to local areas in England and Wales. ...

Feb
19
2016

Option for redundancy was not a dismissal
#Employment

In the recent case of Khan v HGS Global Ltd, the employment contract of an employee who had opted to take redundancy over relocating was found to have terminated by mutual consent and, as such, there had been no dismissal. ...

Feb
17
2016

The Internet of Things v Privacy: what it means for the workplace
#Employment

The rapid development of the internet of things and monitoring technology in the workplace has brought into focus the tension between employees’ right to privacy and employers’ business interests....

Feb
12
2016

Gender Pay Gap Regulations published
#Employment

The government have today published the draft Gender Pay Gap Regulations and consultation. Below is an initial Q and A....

Feb
12
2016

Starbucks lose disability discrimination claim brought by claimant with dyslexia
#Employment

Starbucks have made the headlines having been found to have unlawfully discriminated and victimised an employee with dyslexia in a judgment issued by the Employment Tribunal this week....

Feb
05
2016

Warehouse worker with difficulty lifting up to 25kg is disabled says EAT
#Employment

Disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on someone’s “ability to carry out normal day-to-day activities” (Section 6(1), Equality Act 2010)....

Feb
05
2016

Failure to deal with hostility towards a union member from rival union members was unlawful detriment
#Employment

In the case of Bone v North Essex Partnership NHS Foundation Trust [2016], the Court of Appeal reinstated a tribunal’s decision that an employer’s failure to deal with hostility towards a union member was unlawful detriment. Workers are protected against suffering a detriment by any act, or any deliberate failure to act, by their employer if the act or failure to act takes place for the sole or main purpose of preventing or deterring them from taking part in trade union activities at an appropriate time....

Jan
29
2016

Injury to feelings compensation taxable as termination payment
#Employment

The Upper Tribunal, that deals with tax appeals, has upheld a decision that a settlement payment for injury to feelings made in connection with a termination of employment was taxable as a termination payment. ...

Jan
29
2016

Dismissal for delay in reporting bribe was fair
#Employment

An employment tribunal has recently held that an immigration officer, who accepted a bribe and then delayed returning the money and reporting it, was fairly dismissed....

Jan
22
2016

Age discrimination for the over 50s: taking into account early retirement costs was direct discrimination
#Employment

The EAT has overruled a tribunal’s decision, holding the fact that employees over 50 were entitled to early retirement benefits under the pension scheme (making their severance costs much higher than for employees aged under 50) was not a "relevant circumstance"....

Jan
22
2016

Big changes to Tier 2 recommended in the Migration Advisory Committee's review
#Immigration #Employment

The Migration Advisory Committee (MAC), which advises the government on migration issues, has published areview of Tier 2. ...

Jan
15
2016

Zero hours contracts: further protections now in force
#Employment

This week, regulations 2015 came into effect making any dismissal of an employee on a zero hours contract automatically unfair, if the principal reason for the dismissal is that the employee breached a contractual provision seeking to prohibit him/her from working for another employer. Such provisions are now unlawful. No qualifying period is required to bring such an unfair dismissal claim....

Jan
15
2016

Are personal emails at work private?
#Employment

The European Court of Human Rights’ Judgment in a Romanian employment dispute has been widely reported in the national press as giving the green light to employers to monitor employees’ personal emails and electronic messages on work systems....

Jan
12
2016

What to expect for 2016
#Clarkslegal #Construction #Corporate #Dispute Resolution #Employment #UK Immigration #Private Client #Real Estate #Commercial

Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...

Jan
08
2016

2016 at a glance
#Employment

As we enter the New Year and Christmas now seems a distant memory, it is a good time to set out the key employment law changes employers can look forward to for the next 12 months. ...

Jan
08
2016

Instruction not to speak Russian was not race discrimination
#Employment

In Kelly v Covance Laboratories Ltd the Employment Appeals Tribunal held that an employer’s instruction to an employee not to speak Russian (her native language) at work was not direct race discrimination or race harassment. ...

Jan
08
2016

Junior Doctor Strikes are Back On
#Employment

NHS Employers have failed to sufficiently allay the concerns of junior doctors in the ongoing ACAS talks and so strike action is back on with the first of 3 days scheduled for 12 January....

Jan
08
2016

Discretionary bonus not in breach of contract
#Employment

In Paturel v DB Services (UK) Ltd the High Court held that an employer’s decision to award one employee a discretionary bonus and two others a larger guaranteed bonus did not breach the employee’s express contractual term to be treated consistently with peers nor did it breach any implied term to act in good faith and in a manner that was not perverse or irrational. The employee also claimed that the employer’s subsequent failure to provide accurate reasons for the sums awarded was a breach of trust and confidence. ...

Dec
18
2015

Wanted: Christmas temp to work flexible hours - just don't say "the z word"
#Employment

There’s been plenty of bad press about zero hours contracts in recent years. In October we blogged about guidance published by BIS for employers on how zero hours contracts should be used. The guidance recommended that these contracts should make clear to the individual how work will be offered and that they are not obliged to accept work on every occasion....

Dec
18
2015

ACAS guidance on legal highs published - do you have an adequate policy in place?
#Employment

According to the conciliation service, ACAS, there has been an increase in recent years in the number of deaths in England and Wales owing to “legal highs”, legal substances such as solvents, bath salts, incense or plant food which imitate the effects of illegal drugs when consumed....

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