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Sep
30
2016

Apprenticeship levy update
#Employment

In November last year we reported on the government’s plans to reform apprenticeships and introduce a levy of 0.5% for employers with a total payroll bill in excess of £3m. Those plans have now come into fruition with confirmation that the levy will be in force in April 2017, (silencing rumours that the implementation date would be delayed)....

Sep
23
2016

BBC’s dismissal of Journalist who prioritised Sri Lankan news report over Prince George’s birth was unfair
#Employment

BBC World Service Journalist Chandana Bandara was issued with a final written warning following his refusal to prioritise a news report on the birth of Prince George over one on the anniversary of ‘Black July’ (concerning the massacre of Tamils in Sri Lanka). ...

Sep
23
2016

Applicant X – avoiding bias and discrimination in recruitment
#Employment

Most UK employers are well aware that the law protects job applicants from unlawful discrimination - for example because of their sex, race or age. ...

Sep
16
2016

Failing to comply with a subject access request may impact the fairness of a dismissal
#Employment

In the recent employment tribunal case of McWilliams v Citibank, the Claimant had been suspended following allegations that she had breached client confidentiality. The Claimant subsequently submitted an extensive subject access request (SAR) to her employer in respect of her disciplinary proceedings, which was refused on the grounds of proportionality. The SAR’s scope was consequently reduced but was again refused....

Sep
16
2016

Council and their contractor sued over alleged national minimum wage breach
#Employment

In the news this week it was announced that seventeen homeworkers are to sue both Sevacare and Haringey Borough Council over an alleged failure to pay national minimum wage....

Sep
09
2016

“Systematic Failings” on Data Protection leads to a £15,000 fine
#Employment

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members....

Sep
09
2016

No TUPE where activities provided for own commercial gain and not for the client
#Employment

The EAT has held that TUPE does not apply where a new provider ceases to carry out services “on the client’s behalf.”...

Sep
02
2016

Bringing the National Living Wage to Life
#Employment

Since it was announced in the July 2015 Budget, the National Living Wage (NLW) has received much comment, both negative and positive....

Sep
02
2016

Pay protection can be a reasonable adjustment
#Employment

The EAT has recently held that protecting a disabled employee’s pay following his move to a lower paid role was a reasonable adjustment....

Sep
02
2016

Release of train CCTV could breach Data Protection Act
#Employment

The Information Commissioner’s Office (ICO) is looking into a possible breach of the Data Protection Act by Virgin Trains when it released CCTV footage from one of its trains following Jeremy Corbyn’s claim that he was unable to find a seat....

Aug
30
2016

Home workers: how to measure performance?
#Employment

With flexible working arrangements on the rise it's important that employers take action to maximise the effectiveness of these arrangements and ensure that the performance of homeworkers is measured accurately. ...

Aug
26
2016

Gender Pay Information Regulations 2016 delayed
#Employment

The Goverment Equalities Office has announced that Gender Pay Information Regulations are likely to be put before Parliament later this year with a view to them coming into force in April 2017. ...

Aug
26
2016

A farewell to Salary Sacrifice Schemes?
#Employment

The Government has launched a Consultation to gain a wider understanding of the impact of removing income tax and national insurance advantages from benefits provided via salary sacrifice schemes. ...

Aug
18
2016

Failing to anonymise – the cost
#Employment

Employers should ensure that they have adequate training in place on data protection obligations otherwise they run the risk of facing a costly breach of privacy claim....

Aug
18
2016

To strike out or not to strike out?
#Employment

In the recent case of Arriva London North Ltd v Maseya, the Employment Appeal Tribunal (EAT) held that a party’s case should only be struck out in exceptional circumstances....

Aug
18
2016

Termination payments – changes to tax treatment
#Employment

In July last year, we reported that the Government had launched a consultation on simplifying the tax treatment of termination payments. After some delay, it has finally published its response along with draft legislation which sets out the changes it has decided to make....

Aug
12
2016

The Importance of Employee Engagement: myth or reality?
#Employment

Mentoring programmes can be a key ingredient in creating a positive working environment and in encouraging greater collaboration within organisations. Companies demonstrating their willingness to invest in their employees in this way are more likely to create an engaged workforce....

Aug
12
2016

Labour leadership candidates battle it out on employment law reform
#Employment

Labour leadership candidates Jeremy Corbyn and Owen Smith have set out their pledges on employment law reform which we highlight in this blog. ...

Aug
12
2016

Ding dong, the tribunal bells will chime!
#Employment

Employers should take reasonable steps to ensure that sex discrimination and harassment shouldn't occur in the workplace; discrimination claims can carry some hefty penalties. ...

Aug
05
2016

Supreme Court allows settlement agreement to be set aside due to the employee’s fraud despite employer having suspicion of fraud at the time
#Employment

Settlement agreements may be set aside where a party has entered into that agreement based on the other party’s fraudulent misrepresentations, even where there was a suspicion of fraud prior to entering into such an agreement. ...

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