Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Nov
22
2019

Automatic unfair dismissal due to trade union activities, despite no anti-union prejudice by employer: a warning for employers
#Employment #Employee Relations

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities....

Nov
15
2019

Changing reasonable adjustments could be discriminatory
#Employment

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments....

Nov
08
2019

Restrictive Covenants – What’s happened in 2019
#Employment

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully....

Nov
08
2019

How employers should manage workplace romances
#Employment

The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the relationship....

Nov
08
2019

Capita not liable to compensate for employee’s racist comments
#Employment

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers....

Oct
30
2019

Covert recording of employees: No breach of human rights
#Employment

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial....

Oct
24
2019

Christian doctor dismissed for refusal to use preferred pronouns for transgender individuals loses in the Employment Tribunal
#Employment #Discrimination

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs. ...

Oct
18
2019

Confidentiality agreements guidance
#Employment

NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. ...

Oct
14
2019

Clarkslegal features strongly in Chambers and Partners 2019-2020
#Clarkslegal #Construction #Employment #Real Estate #Litigation

Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
11
2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination
#Employment

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer. ...

Oct
11
2019

Striking a Balance – Activism and the Workplace
#Employment

In the wake of September’s Global Climate Strike, protests previously confined to the personal sphere are now spilling over onto the streets and taking place during the working day. ...

Oct
11
2019

IR35: control comes at a £920,000 cost
#Employment

As the April 2020 IR35 changes loom ever larger, there is a lot of attention on challenges under the current system to the tax arrangements of consultants providing work through their own personal service companies. ...

Oct
10
2019

Rethinking workplace wellbeing in times of uncertainty
#Clarkslegal #Press #Employment

Every year an estimated 17 million work days are lost to stress, anxiety and depression. Clarkslegal's Monica Atwal highlights ways in which employers can raise their game to help....

Oct
04
2019

A female manager who massaged a male employee’s shoulders was not found to have committed sexual harassment or harassment related to sex
#Employment

In the current age of the #MeToo movement, one would assume that any form of unwanted physical contact between a manager and a junior employee could count as harassment....

Oct
03
2019

Mental health: Are employers doing enough?
#Employment

HR professionals are increasingly aware of the importance of supporting good mental health in the workplace....

Sep
30
2019

Clarkslegal Acknowledged once again by UK Legal 500 2019-2020
#Clarkslegal #Commercial #Construction #Corporate #Education #Employment #UK Immigration #Setting up in the UK #Real Estate #Complex Contracts

Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....

Sep
27
2019

Vegetarianism not a protected belief
#Employment

In Conisbee v Crossley Farms Ltd, the Claimant alleged he was bullied by colleagues because of his vegetarianism and argued it amounted to a protected ‘belief’ under the Equality Act....

Sep
27
2019

“1 Million in the UK without employment rights” – Who is losing out?
#Employment

UK unemployment is at its lowest rate since the 1970s, yet a recent study from thinktank Resolution Foundation has suggested that out of the 32 million people working in the UK, 1 million may be without full employment rights....

Sep
20
2019

Employment Status: California dreaming?
#Employment

This week California has signed into law a new piece of legislation limiting the circumstances in which individuals can be classified as independent contractors....

Sep
20
2019

Statutory redundancy pay was not caught by the £25,000 breach of contract cap
#Employment

In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment. ...

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