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Employment - Legal Updates

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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....

Dec
11
2015

Santa Claus gets paid twice as much as Mrs Claus in equal pay row
#Employment

Celtic Manor Resort in South Wales has inadvertently become the focus of media attention following its decision to recruit a Mr and Mrs Claus for its “Christmas Kingdom” attraction. The job advertisements stated that Father Christmas would be paid £12 per hour whilst Mrs Claus will receive the national minimum wage of £6.70 per hour, nearly half the rate paid to Father Christmas....

Dec
11
2015

Lock holiday pay appeal heard this week
#Employment

This is an update to our detailed report on holiday pay in July- Where are we on holiday pay?...

Dec
04
2015

New guidance on disability
#Employment

ACAS has released updated guidance on managing disability in the workplace 'Disability discrimination: key points for the workplace’. ACAS say that last year they had nearly 12,000 calls to the their helpline related to disability issues and received almost 3,000 disability discrimination employment tribunal cases....

Dec
04
2015

TUPE: guidance on tasks of short-term duration
#Employment

If a client decides to outsource certain services for the first time, reassign those services to another contractor or bring those services back “in-house,” there may be a service provision change under TUPE. If however the activities performed relate to a one off event or task of short-term duration, TUPE will not apply....

Nov
27
2015

Early Conciliation not required before applying to amend an existing ET claim
#Employment

In the recent case of Science Warehouse Ltd v Mills (UKEAT/0224/15), the Employment Appeal Tribunal (EAT) held that it is not necessary for a claimant to go through the Early Conciliation process (“EC process”) again in respect of a new claim arising out of a related set of facts after the EC process has concluded and an ET1 presented to the Tribunal....

Nov
27
2015

Government's announcement on the Apprenticeship Levy
#Employment

Earlier this year the Government announced that it would be introducing an apprenticeship levy on large employers as part of its pledge to create 3 million quality apprenticeships over the next five years....

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