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Sep
25
2015

£184,000 unpaid wages award in first caste discrimination case
#Employment

Permila Tirkey has been awarded almost £184,000 in unpaid wages from her former employers after a landmark case in which her caste was taken into consideration as part of her race discrimination complaint....

Sep
18
2015

Discrimination arising from disability - knowledge and justification key
#Employment

Employers should sit up and take note of the recent decision in Hall v Chief Constable of West Yorkshire Police, which involved a claim of discrimination arising from disability. ...

Sep
18
2015

Working Time Security for Mobile Workers
#Employment

According to the European Court of Justice, in a case against the Security and Fire Company, Tyco, mobile employees who do not have a fixed place of work should be treated as being on working time from the moment they leave home and travel to their first work assignment and then, at the other end of the day, when they leave their last appointment and travel back home...

Sep
11
2015

Fit for Work scheme now available to employers
#Employment

The Fit for Work scheme has this week been made available to employers in England and Wales, completing a national roll-out which began in April. This provides occupational health support and advice for GPs, employers, and employees and aims to reduce long term sickness absence....

Sep
11
2015

National Living Wage already impacting businesses
#Employment

The national living wage has already started to influence the way businesses are behaving....

Sep
10
2015

HR improper influence on outcome can make dismissal unfair
#Employment

Human Resources’ departments are often asked to provide advice and guidance on disciplinary matters, however, a recent case from the Employment Appeal Tribunal (EAT) has warned of the risk of overstepping the mark and applying ‘improper’ influence. ...

Sep
04
2015

Scottish government plans to abolish employment tribunal fees
#Employment

The Scottish government has announced this week plans to scrap employment tribunal fees north of the border, using new powers included in the Scotland Bill....

Sep
03
2015

Visit India on an e-visa - welcome news for Britons travelling to India for business or pleasure
#Immigration #Employment

As of last month, UK passport holders wishing to visit India can apply online for an “e-Tourist visa”. Applications can be made online through the Government of India’s website, which enables applicants to upload documents, pay the fee of $60 (£39) and track their application. Once an application is submitted, visa entry documents should arrive by email within 4 days....

Aug
28
2015

‘Right to be forgotten' enforced against Google
#Employment

The UK’s data protection authority - the Information Commissioner’s Office (ICO) - has issued Google with an enforcement notice requiring it to remove links to certain news stories....

Aug
28
2015

Does the six year limitation period for breach of contract apply in tribunals?
#Employment

Under the Employment Tribunals Extension of Jurisdiction Order 1994 (“the Order”) an employment tribunal may hear a breach of contract claim from an employee if it is one that ‘a court in England and Wales would under the law for the time being in force have jurisdiction to hear and determine’ and it arises or is outstanding on termination of the employee’s employment. ...

Aug
28
2015

Considerations for employers in the lead up to the Rugby World Cup
#Employment

The Rugby World Cup 2015 is being hosted by England and takes place between 18th September and 31stOctober 2015....

Aug
21
2015

Employee entitled to companion from an external organisation at disciplinary investigation
#Employment

In the recent case of Stevens v University of Birmingham, the High Court has held that the University of Birmingham breached the implied term of trust and confidence by not allowing one of its Professors to be accompanied to a disciplinary investigation meeting by a companion of his choice (Stevens v University of Birmingham [2015] EWHC 2300)....

Aug
21
2015

High Court refuses to order compliance with data access request where search is unreasonable and disproportionate
#Employment

Under the Data Protection Act 1998 (DPA) an individual can make a request to an organisation to find out what personal data it holds on them (often referred to as a subject access request)....

Aug
17
2015

What is the Gender Pay Gap and how do we measure it?
#Employment

The Government is committed to ensuring that every person realises their full potential and considers that gender equality will help achieve this. The consultation came as a surprise as it was not expected that a Conservative government would pursue gender equality as a priority. However, on reading the consultation and the background research undertaken by the Women’s Business Council, it becomes clear that the economic benefits of increasing the engagement of women at work are the driving force of the Government’s strategy in this area....

Aug
14
2015

Fair dismissal following historic derogatory comments on Facebook
#Employment

Employees should by now be aware of the dangers of venting their frustrations with employers on Facebook. Recent cases have demonstrated that derogatory comments can lead to fair dismissals even where the comments were made years ago or where a deliberate search was undertaken by the employer to find further comments....

Aug
14
2015

Government considering devolving Sunday trading rules to local authorities
#Employment

The government has opened a consultation on whether it should devolve Sunday trading rules to local areas, such as cities run by elected mayors and/or local authorities. This would give them greater control of their local economy and could mean significant disparities in Sunday trading rules affecting employees across different parts of the country....

Aug
07
2015

Supply chain reporting: many more companies will be caught as turnover threshold for compliance reduced to £36m
#Employment

Following consultation, the government has decided not to limit the new reporting requirements of the Modern Slavery Act affecting supply chains just to very big companies. Speaking on his tour of south east Asia, prime minister David Cameron has now confirmed: “From October we will also require all businesses with a £36 million turnover or above to disclose what they are doing to ensure their business and supply chains are slavery free. He went on to say...

Aug
07
2015

Permanent employees can be redeployed to replace agency staff
#Employment

The EAT has upheld a tribunal's decision that the scope of regulation 13, Agency Workers Regulations 2010 is limited to providing agency workers with a right to be informed of vacancies within the end user company. It rejected the claim that agency workers were entitled to be afforded equal status with comparable permanent employees in being considered for a vacancy....

Aug
07
2015

Government proposes £95,000 cap on public sector exit payments
#Employment

The government has issued a consultation document on proposals to introduce a cap of £95,000 on the total value of exit payments made to public sector employees. Any waiver of the cap would require consent from the relevant Minister, or from the full council in the case of local government exit payments. The consultation closes on 27 August 2015....

Aug
07
2015

Less than half of employers have a whistleblowing policy
#Employment #Dispute Resolution

The whistleblowing charity, Public Concern at Work, has published this week some YouGov survey results showing that, surprisingly, only 48 per cent of workers in a representative sample said their workplace had a whistleblowing policy. This was despite the fact that 81 percent of workers surveyed said they would raise a concern about possible corruption, danger or serious malpractice at work. In the last two years, 11 per cent of workers said they had such concerns. Of those, 59 percent had raised them with their employer....

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