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Dec
16
2016

Keep this between you and me…and the Tribunal
#Employment

Protected conversations were introduced to allow employers to have an “off the record” discussion with an employee concerning their exit. Evidence of pre-termination negotiations is inadmissible in ordinary unfair dismissal claims unless there is improper behaviour. Unfortunately for the employer in Lenlyn UK Ltd v Kular, they discovered this exception the hard way....

Dec
14
2016

Trade Union Act – Regulations on ‘important public services’ published
#Employment

As reported back in May, the Trade Union Act 2016 introduces new requirements relating to balloting for industrial action. In particular, such ballots will require a 50% turnout and, for important public services, a 40% supporting vote before industrial action can be taken....

Dec
13
2016

Employee Travel Disruption and Worker Rights
#Employment

With the news regarding the widespread disruption to public transportation around London as a result of the industrial action by Southern Rail drivers, important questions arise:...

Dec
09
2016

Police Force entitled to set upper age limit in recruitment
#Employment

In the recent case of Gorka Salaberria Sorondo v Academia Vasca de Policia y Emergencias the European Court of Justice determined that the imposition of an upper age limit of 35 years for new recruits to Basque Police Force was not in contravention to EU law....

Dec
09
2016

Review launches into ‘modern employment practices’
#Employment

The news is awash with stories of how companies treat their staff, whether it’s delivery drivers working as self-employed contractors, university lecturers ...

Dec
09
2016

Gender Pay – The Revised Regulations and what to do now
#Employment

This week the Government has laid its revised Gender Pay Gap Regulations before Parliament for approval (the “Regulations”). It is expected that the Regulations will be passed by the end of January and come into force in April 2017....

Dec
09
2016

Off the naughty list? Company not liable for injuries caused by employee after work Christmas party had ended
#Employment

In the recent case of Bellman v Northampton Recruitment Ltd, the High Court held that a company was not vicariously liable for an assault by its director on an employee which took place after the employer’s Christmas party had ended when the two individuals, along with other employees, went back to a hotel to continue drinking....

Dec
06
2016

Improving Lives: A Work and Health Plan to Help Disabled People into Employment
#Employment

Whilst the rate of employment for the non-disabled population is currently 80%, only 48% of disabled people are in employment. ...

Dec
06
2016

Autumn Statement
#Employment

Last week the Chancellor of the Exchequer, Philip Hammond, gave his first Autumn Statement....

Dec
06
2016

New Sanctions to Enforce National Minimum Wage/National Living Wage
#Employment

On 25 November 2016, two new sanctions came into force which can be used by HMRC where it finds a failure to pay the applicable rate of National Minimum Wage/National Living Wage....

Nov
25
2016

Dishonesty in the workplace
#Employment

You may have seen in the news the case of Mrs Wood, a senior nurse, who recorded her colleague’s temperature on a screening form at Heathrow Airport as 37.2C despite knowing it to be at least one degree higher. ...

Nov
25
2016

EU General Data Protection Regulations in a (nearly) post-Brexit UK…
#Employment

Earlier in the year and before the Brexit results were announced we blogged on the EU General Data Protection Regulation (the Regulation) and the impact that this would have on employers going forward. But, what’s the story now the UK has voted to leave the EU - will the Regulation still apply to the UK?...

Nov
25
2016

Insensitive decisions could lead to unfair dismissals
#Employment

In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) held that a Tribunal’s finding that a redundancy process was ‘insensitive and perfunctory’ did not easily sit with its ultimate decision that the process was reasonable and the dismissal fair. ...

Nov
25
2016

Tribunal runs out of patience for litigant in person
#Employment

In Liddington v 2gether NHS Foundation Trust, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal’s (ET) decision to award costs against the Claimant, who was acting in person....

Nov
23
2016

Paris Saint Germain’s Serge Aurier Denied UK Visa
#Immigration #Employment

The Guardian 22 Nov 2016 reported that Paris Saint Germain defender, Serge Aurier, has been refused permission by the Home Office to travel to England for today’s Champions League match against Arsenal....

Nov
18
2016

Bereavement leave for parents
#Employment

Unlike many other countries, in the UK there is no minimum entitlement to bereavement leave. There is a requirement for an employer to give unpaid emergency leave to take action required due to a dependent’s death but this is only expected to cover leave for funeral arrangements rather than actual time to grieve. ...

Nov
18
2016

Segregation by gender not sex discrimination
#Employment

Treating male and female staff differently will not be direct sex discrimination, unless one group is treated less favourably than the other as a result....

Nov
18
2016

Don’t ask don’t get? Not according to the Employment Appeal Tribunal…
#Employment

The Employment Appeal Tribunal (EAT), in Grange v Abellio London, has ruled that an employee does not have to actually request a rest break before making a claim that they have been refused rest breaks....

Nov
16
2016

Collaboration in Supply Chains
#Employment

The importance of enhanced collaborative working with suppliers is that it may provide a more trustworthy system of engagement, to include the workforce of the suppliers. ...

Nov
11
2016

TUC: Workers paying the price for tribunal fees
#Employment

New figures published by the Trades Union Congress (TUC) show that the number of claims challenging unfair dismissals and discrimination at work has fallen by 9,000 a month and blames this reduction on the introduction of employment tribunal fees in July 2013....

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