Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

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Jun
07
2016

Capitalism in disarray – is HR ready for the challenge?
#Employment

There is no quick way to raise productivity; HR professionals ought to be spending more time transitioning to and developing a sustainable growth pattern. ...

Jun
03
2016

Duty to make reasonable adjustments triggered by employer’s expectation
#Employment

An employers expectation that a disabled employee would work late has triggered the duty to make reasonable adjustments....

Jun
03
2016

Contractual variations: to write or not to write?
#Employment

Parties should be wary of inadvertently agreeing variations to contracts in the mistaken belief that changes can only be in writing, rather than any message to alter their drafting in this regard. ...

Jun
01
2016

How much HR do robots need?
#Employment

Many companies are relying heavily on robotics and staff are becoming increasingly concerned about the implications this has on their job security. ...

May
27
2016

Right to work checks - how to avoid a £20,000 fine from the Home Office
#Immigration #Employment

Employers who receive a “Information Request: Illegal Working Civil Penalty”must provide the necessary evidence within the set time frame if they are to have a statutory excuse against a civil penalty. ...

May
27
2016

Breach of Working Time Regulations does not, without more, lead to injury to feelings award
#Employment

The case of Santos Gomes v Higher Level Care Ltd has made clear that compensation arising out of an employer’s failure to provide statutory rest breaks under the Working Time Regulations (WTR) does not extend to ‘injury to feelings’....

May
27
2016

Is ACAS Early Conciliation working?
#Employment

Early conciliation is a free service offered by ACAS. It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim. This was in an effort to encourage early engagement and settlement between the parties, thereby, removing the need to pursue claims in the Employment Tribunal. ACAS conciliation remains open to the parties thereafter, but on a voluntary basis. ...

May
24
2016

HR = Human Relationships
#Employment

Focus in many successful companies is concentration on winning business, operational excellence and adding profit. All good, but do human relationships usually get sidelined?...

May
19
2016

Employers could be vicariously liable for privacy breaches
#Employment

The recent High Court decision of Axon v Ministry of Defence and News Group Newspapers Ltd suggests that employers can be held vicariously liable for their employees’ breaches of confidence and privacy....

May
19
2016

NHS Trust fined £180,000 over data protection breach
#Employment

The Information Commissioner’s Office (ICO) have fined Chelsea and Westminster Hospital NHS Foundation Trust £180,000 after it revealed the email addresses of 781 users of an HIV service....

May
19
2016

Teacher’s dismissal following husband’s criminal conviction held to be indirect religious discrimination
#Employment

In the case of Pendleton v Derbyshire v County Council, a teacher who was dismissed for remaining with her husband following his conviction of voyeurism and making of indecent images of children successfully appealed a tribunal’s decision to reject her claim for indirect religious discrimination. ...

May
13
2016

Heels and Dress Codes: temp worker seeks to stamp down on sex discrimination
#Employment

This week has seen the widely reported story of Nicola Thorp, a temporary receptionist, who was sent home without pay for refusing to wear heels at work. Ms Thorp started an e-petition seeking to give women the choice whether to wear flats or heels at work and, to date, has in excess of 100,000 signatories, triggering the possibility of a Parliamentary debate on the issue. The company concerned has now amended its policy to allow female workers to wear flats. So, in light of this, what is the law regarding high heels at work?...

May
12
2016

EAT further loosens causal test for discrimination arising from disability claims
#Employment

The recent case of Risby v London Borough of Waltham Forest has arguably further extended the scope of discrimination arising from disability claims by loosening the causal link required between the employee’s disability and the employer’s treatment complained of....

May
12
2016

An employee negotiating a settlement could still claim constructive dismissal
#Employment

In the case of Gibbs v Leeds United Football Club, the High Court found that the Claimant, Mr Gibbs, had been constructively dismissed when he resigned in response to a demotion, even though he had been in negotiations over his exit....

May
06
2016

EU General Data Protection Regulation – The impact on employers
#Employment

The existing law on data protection within the EU is based on a European directive introduced over 20 years ago. There is no uniform approach to data protection across the EU and significant advances in technology means the current law is out of touch with the modern world....

May
06
2016

Restrictive covenants...are they restricting more than just former employees?
#Employment

As part of its new Innovation Plan, the Government has asked businesses across the UK for their views on whether ‘non compete clauses’ in employment contracts are obstructing the UK’s innovativeness and employment opportunities. ...

May
06
2016

Trade Union Bill receives Royal Assent: A breakdown for employers
#Employment

The Trade Union Bill received Royal Assent yesterday and has now become the Trade Union Act! Its passage through parliament was a turbulent one with the Bill receiving significant criticism from opposing MPs and Peers. As a result, the Government was forced to make a number of concessions. One of these concessions was to abandon proposals to abolish the check-off system (the practice of collecting union subscriptions via employees’ pay). The check-off system has survived with the compromise being that the administrative and financial burden of the check off system will belong to the unions....

May
03
2016

What exactly needs changing? Re-organisations and contract terms issues for HR
#Employment

It is a frequent issue for HR that a decision is made to carry out some organisational change that impacts all or any of working hours, shift arrangements, rates of pay, duties to be carried out, and other similar matters that not surprisingly make employees feel unsettled or, in some cases, militantly opposed to the employer's plans....

Apr
29
2016

Wanted: Practicability and precision for re-engagement orders
#Employment

The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision....

Apr
29
2016

If it’s work-related – it’s not a private matter!
#Employment

In the recent case of Garamukanwa v Solent NHS Trust an employer was held not to have breached an employee’s right to a private and family life...

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