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Employment - Legal Updates

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Jun
12
2019

'Workers’ voluntary overtime should be included in holiday pay, Court of Appeal rules' - Helen Beech comments for People Management
#Employment #Press

Judgment in favour of ambulance workers could have wider implications, say employment lawyers. Voluntary overtime for ambulance workers should be factored into holiday pay allocations, providing such overtime is sufficiently regular to form part of a normal remuneration package, a court has ruled....

Jun
10
2019

Changing trade patterns good for environment but may be bad for jobs
#Supply Chain Governance #Environment #Outsourcing & Supply Chain #Employment #Education #Information Technology #Corporate

We now hear much of trade wars and tariffs. However, whatever President Trump and other world leaders do about their respective trade interests, there are also significant underlying trends that will before long cause major disruption to traditional trade and jobs. We should focus more on these trends and not just on the daily news round....

Jun
07
2019

Succession Planning – Are you ready for the future?
#Employment

If one of the key individuals in your company, such as a manager or someone with technical skills, was to resign tomorrow morning, would you be able to identify their successor? This is a question that many businesses struggle to answer, with companies more likely to recruit from outside the business when vacancies arise, than look for a suitable replacement among their existing staff. ...

Jun
07
2019

The use of medical aids, including contact lenses, when assessing disability
#Employment

The recent case of Mart v Assessment Services Inc has brought the question of disability and medical treatment to the forefront once again. The Equality Act 2010 offers special protection to individuals who are disabled. ...

Jun
07
2019

Failure to pay sum offered during cross-examination was not victimisation
#Employment

This is according to the recent EAT decision in Aston v The Marlet Group. The EAT dismissed the claimant’s victimisation claim, considering the law on the judicial proceedings immunity and paying particular attention to the Supreme Court decision in P v Commissioner of Police in the Metropolis. ...

Jun
05
2019

Avoiding the pitfalls of positive action
#Employment

In Furlong v Chief Constable of Cheshire Police an employment tribunal unanimously found that a police force’s recruitment process directly discriminated against a white, heterosexual, male applicant in the first decided case on the use of positive action under s.159 of the Equality Act 2010. ...

Jun
03
2019

Tracking your employees – Is this a(i) step too far?
#Employment #Information Technology

It has been revealed that hundreds of UK business are using artificial intelligence to monitor staff activity. Is this an innovative way to analyse productivity or a stressful scrutinisation of individuals’ activity?...

May
31
2019

Retirement age upheld at Oxford University
#Employment

A former Oxford professor lost his Employment Tribunal claim against the University after it was held their employer-justified retirement age (EJRA) was justified. Oxford University introduced a retirement age of 67 for academics, and allowed applications for extensions only in exceptional circumstances, such as to maintain continuity in projects or to complete work....

May
30
2019

Court of Appeal clarifies failure to pay enhanced shared parental pay to match enhanced maternity pay is not sex discrimination
#Employment

We previously reported on the cases of Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police which left us with competing judgments on whether a failure to increase statutory parental pay to match enhanced maternity pay would be discriminatory on the grounds of sex. We now have appellate authority from the Court of Appeal in these cases (which were joined). ...

May
24
2019

Favouritism, micromanaging and poor instructions – the errors managers continue to make
#Employment

New research shows that nearly 50% of employees have at some point resigned as a direct consequence of their poor working relationship with their boss. Process management firm Process Bliss undertook the research, conducting an online survey within the UK of small to medium sized businesses. ...

May
24
2019

Decision not to allow employee to take up overseas placement due to concerns over risk to his health not discriminatory
#Employment

In the recent case of Owen v AMEC Foster Wheeler Energy Ltd and another, the Court of Appeal held that withdrawing the offer of an international placement due to concerns arising from the Claimant’s medical assessment did not amount to disability discrimination. The Claimant was in poor physical health and suffered from hypertension, kidney disease, ischaemic heart disease, type 2 diabetes and morbid obesity....

May
23
2019

EU law requires employers to keep daily records of hours worked
#Employment

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, a trade union in Spain brought a claim against Deutsche Bank, which did not keep a record of the hours its employees worked on a daily basis. The Court of Justice of the European Union has decided that if there were no requirement to keep records “it would be impossible to determine objectively and reliably either the number of hours worked by the worker [or] when that work was done”....

May
17
2019

Mental Health Awareness Week
#Employment

According to The Government's Department of Health, 25% of us will experience mental health issues at some point in our lives. A study conducted by the Chartered Institute of Personnel and Development...

May
17
2019

Retail staff may be entitled to extra payment for opening and closing their store
#Employment

Whilst it may be common place for retail staff to open and close their stores outside of their contractual hours, employers should be wary and ensure that everyone adequately remunerated for such activities. In the recent case Fitz v Holland and Barrett, Employment Judge Siddall posited such advice in her judgement. ...

May
09
2019

Companies failing to bring workers to the board
#Employment #Corporate

A report released by the Local Authority Pension Fund Forum (LAPFF) has revealed that just 5% of companies would appoint an employee to their board of directors, despite a push by the Government to improve employee participation in board meetings. Under the Corporate Governance Code, companies are asked to strengthen the “employee voice” in boardrooms....

May
09
2019

Knowledge of disability - Employer’s knowledge of Claimant’s disability at appeal stage of disciplinary proceedings was relevant and should have been considered by Tribunal
#Employment

In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd, the EAT allowed an appeal by a Claimant against the Tribunal’s decision to reject her claim for disability related discrimination. Whilst it was found that the Respondent did not have knowledge of the Claimant’s disability (either actual or constructive) prior to dismissing her, it had gained this knowledge when it was told of her depression at the appeal hearing....

May
03
2019

Opportunity for all: HR and social mobility
#Employment

The 2018-2019 report of the Social Mobility Commission, released this week, provides an opportunity for HR professionals to consider ways to add further value to businesses....

May
02
2019

The importance of workplace culture – is your organisation “stuck in its ways”
#Employment

“Culture is the sum of a company’s values, traditions, beliefs, interactions, behaviours and attitudes” according to the co-founder of communications platform Speakap the company responsible for a new survey on the importance of workplace culture....

Apr
30
2019

Menopause matters – CIPD launches new guidance to help workplaces tackle the taboo
#Employment

Research from the CIPD suggests that menopause in the workplace remains mismanaged and shrouded in silence, despite impacting an increasing number of employees. The NHS states that the average age for menopause transition in the UK is 51. ...

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