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Dec
20
2018

Good Work: a job well done?
#Employment

This week, in its response to the Matthew Taylor Good Work Review, the Government has published a range of proposed changes to employment law. While the Government announced these changes as the biggest reform of employment law in 20 years, the reality is more evolution than revolution....

Dec
20
2018

Uber drivers are workers, finds Court of Appeal
#Employment

Uber drivers are workers, finds Court of Appeal Upholding the decision of the Employment Appeal Tribunal made in November 2017, the Court of Appeal have ruled that Uber drivers are to be classed as workers....

Dec
20
2018

New Code of Practice on tackling sexual harassment at work
#Employment

Today, the Government has announced that it will introduce a new statutory code of practice which places greater responsibility on employers to prevent sexual harassment in the workplace and to act robustly when sexual harassment does occur. The announcement is particularly timely in the midst of Christmas party season, in which employers liability to protect staff from sexual harassment and misconduct extends to such events, as we blogged about earlier this month....

Dec
19
2018

'Recruiters warned of potential liability even when party moves off-site' - Helen Beech comments for Recruiter Magazine
#Employment #Press

Recruiters who plan to enjoy the holiday season with colleagues at a party or two should take a tip from a recent court case that suggests the party isn’t necessarily over even when off-site or out of the formal work environment. Highlighted by the recent Court of Appeal decision in Bellman v Northampton Recruitment, a business can be found to be liable for the acts of its staff even after the organised Christmas party is over under certain conditions. ...

Dec
14
2018

Paying for Unpaid Work Trial Periods
#Employment

Unpaid work trials have long been part and parcel of securing employment. Employers are naturally keen to assess an individual’s employability before remunerating their efforts. ...

Dec
14
2018

Christmas parties: duty to investigate misconduct
#Employment

While we are in the midst of Christmas party season, it is important that businesses focus on their responsibilities in connection to work social events, particularly when they involve alcohol....

Dec
07
2018

Has 2018 made the ‘gig economy’ any clearer?
#Employment

The Department for Business, Energy and Industrial Strategy (BEIS) posits the following definition of the ‘gig economy’: “one that involves the exchange of labour for money between individuals or companies via digital platforms that actively facilitate matching between providers and customers, on a short-term payment by task basis”. We can argue about the appropriate use of ‘digital platforms’ as at first it may appear to be too restrictive a term, but it gives a good indication of the 21st-Century-nature of this type of ‘economy’ and the resulting creation of new employer-employee relationships....

Dec
07
2018

Request to change age legally rejected by Dutch court
#Employment

A Dutchman who recently asked a court in the Netherlands to lower his age by 20 years has lost his case. The court found that there was no case law or scope in legislation that would allow such a ruling....

Dec
07
2018

Should veganism be recognised as ‘philosophical belief’?
#Employment

In March 2019, members of an Employment Tribunal will have to decide whether ‘veganism’ will receive the same protection against discrimination as Christianity, Islam and Judaism. ...

Dec
07
2018

Connecting the workers of the world
#Employment #Information Technology

As the High Court has just ruled against the Independent Workers of Great Britain on their judicial review application against the Central Arbitration Committee, which had held that Deliveroo riders were not workers or employees entitled to collective bargaining, this reminds that we are going through a significant period of change. So many more people are now part of the gig economy and the law does not yet recognise they have rights to do things like choose union representation for collective bargaining....

Dec
03
2018

What it takes to trade globally
#Inward Investment #Employment #Information Technology

Whatever the shape of Brexit, or no Brexit, the opportunity to do more business around the wider world has figured large in the national debate, and is still a core issue of concern in the proposed Brexit deal....

Dec
03
2018

Christmas Parties – Festive Fun or a New Year Hangover?
#Employment

It’s less than four weeks until Christmas and the Christmas party season is about to begin. The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims....

Nov
30
2018

Long-term disability dismissal frustrates entitlement to benefits
#Employment

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment....

Nov
30
2018

Disability discrimination – Claimant’s ‘tendency to steal’ did not attract protection despite his underlying medical conditions
#Employment

Under the Equality Act (Disability) Regulations 2010 (the “Regulations”), a number of conditions are said not to be impairments. This means that they are not disabilities and do not therefore receive protection under the Equality Act (the “Act”). ...

Nov
23
2018

Gender equality for the many, not the few?
#Employment

Earlier this month, the Government published its latest report showing the representation of women on the boards of FTSE 350 companies. The report shows a rise above 30% representation on FTSE 100 boards and a rise to 26.7% of representation across FTSE 350 boards....

Nov
23
2018

Addison Lee’s appeal against worker status rejected
#Employment

Last year a Tribunal found that private hire drivers engaged by Addison Lee were workers and not independent contractors (see our blog on this previously). Addison Lee’s appeal against this judgment has now been dismissed....

Nov
22
2018

Can AI be ethical?
#Employment #Information Technology

Most people at work will be more affected by Artificial Intelligence in the future than they realise. ...

Nov
20
2018

Microchips or Micromanagement?
#Information Technology #Employment

According to various media reports[1] a Swedish microchip company called BioHax is in talks with several high-profile legal and financial UK companies to implant employees with microchips....

Nov
16
2018

Resignations - Clarifying the Termination Date is Key
#Employment

The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven concerned a bonus advance of £500,000 which was agreed to be repayable if the Claimant resigned “on or before 31 December 2016”. ...

Nov
16
2018

Judge crowdfunding her fight to be classed as a worker
#Employment

A district judge, is trying to raise £10,000 to fight a Court of Appeal decision that judges cannot be classed as workers by requesting donations towards her cause. At the point of writing just over 25% of the target funds have been raised. ...

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