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Jan
24
2019

Supreme Court to rule on enforceability of non-compete restrictive covenant
#Employment

Tillman v Egon Zehnder Ltd is due to be heard in the Supreme Court this week, serving as a reminder to employers about how carefully they must word a restrictive covenant....

Jan
22
2019

Right to Work checks after Brexit
#Immigration #Employment #Inward Investment

The 40-page AN EMPLOYER’S GUIDE TO RIGHT TO WORK CHECKS published by the Home Office on 29 June 2018, 2 years after the EU referendum and more than a year after the Article 50 trigger, has no references to Brexit. It does not therefore mention what employers would have to do if there was no deal. ...

Jan
18
2019

Chairman Michael Sippitt wins Legal 500 UK Award 2019 as “Expert Practitioner” in Human Resources
#Employment #Press

Michael Sippitt, Chairman of Clarkslegal LLP and Director of Forbury People, Clarkslegal’s subsidiary HR consultancy, has won The Legal 500’s UK Award 2019 as the leading Human Resources individual lawyer outside of London....

Jan
18
2019

Genuine substitution does not always rule out employee status
#Employment

For many years, the law has been clear that an unrestricted right to appoint a substitute is not consistent with employee status. ...

Jan
18
2019

Iceland in Minimum Wage Dispute
#Employment

Iceland have been accused by HMRC of underpaying their staff by £3.5 million a year for the last 6 years....

Jan
11
2019

‘What counts as sexual harassment? New BBC Three documentary asks young adults’ – Monica Atwal comments for i News
#Employment #Press

Lawyers say they understand the widespread disagreement over sexual harassment because the boundaries of appropriate behaviour have shifted...

Jan
10
2019

CEO to median pay ratio reporting: HR implications
#Employment

New executive pay ratio reporting regulations came into force this month (in the Companies (Miscellaneous Reporting) Regulations 2018)....

Jan
10
2019

When should you provide a written statement of employment terms to new employees?
#Employment

In the recent case of Stefanko and others v Maritime Hotel Ltd, the Employment Appeal Tribunal held that any employee engaged for a month or more is entitled to a written statement of terms in accordance with Section 1 of the Employment Rights Act 1996....

Jan
10
2019

Seven months down the line and many are still unaware of their GDPR requirements
#Data Protection #Employment

The EU’s Data Protection pride and joy, GDPR, came in a little over seven months ago. Despite this, many workers are still not compliant and, worse still, are unaware that they are doing anything wrong. ...

Jan
08
2019

Right to Work check changes from 28 January 2019
#Immigration #Employment #Inward Investment

On 13 December 2018, the Government laid before the Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 and an updated Code of practice to prevent illegal working....

Jan
04
2019

Advantageous treatment not the same as unfavourable treatment.
#Employment

At the end of 2018 the Supreme Court considered whether advantageous treatment, that had the potential to be even more advantageous, would constitute ‘unfavourable’ treatment within the meaning of the Equality Act....

Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

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....

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