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Oct
26
2018

Whistleblowing detriment: Personal liability for individual decision makers
#Employment

In Timis v Osipov, the Court of Appeal held that two directors were personally liable for detrimental treatment following protected disclosures even where the detriment in question amounted to a dismissal. The claimant was dismissed by International Petroleum Limited (IPL) after making a number of protected disclosures on issues relating to poor corporate governance....

Oct
26
2018

And so the other boot finally drops
#Employment

The long-running legal battle over union recognition for Boots pharmacists has finally concluded. The Central Arbitration Committee (CAC) has decided this month that Boots pharmacists can be collectively represented by an independent trade union....

Oct
19
2018

Company found liable for injury inflicted by Managing Director in work ‘after-party’
#Employment

The Court of Appeal has overturned a High Court decision in Bellman v Northampton Recruitment Limited and found that the company was liable for the acts of its managing director in a late-night drinking session. Following a staff Christmas party, an unplanned after-party took place at a hotel bar....

Oct
18
2018

‘Office romances: should entrepreneurs care what happens between employees?’ - Monica Atwal comments for Elite Business
#Employment #Entrepreneurs & Start-Ups #Press

Whether you’re tempted to have a romantic liaison with a new attractive employee or catch your staff sneaking around, you must know how to avoid affairs wrecking your business....

Oct
12
2018

Christian Bakers win ‘Gay cake‘ case in the Supreme Court
#Employment

The Supreme Court has handed down its decision in the ‘gay cake’ case today, finding that a Christian Bakery had not acted unlawfully in refusing to provide a cake endorsing gay marriage. We have previously reported on the case of Lee v Ashers Baking Company and Others, both at the County Court and at the Northern Ireland Court of Appeal. ...

Oct
10
2018

Is working 9:00-5:00 still the way to make a living?
#Information Technology #Employment

One of the biggest changes workplaces have seen in recent years has been the greater use of flexibility in the workplace and remote working. A survey by YouGov earlier this year revealed some interesting findings, including that only 6% of those who responded were working the traditional hours of 9:00-5:00. The report also showed a desire for staff to start (and finish) work earlier, with the most popular option being 8:00-4:00....

Oct
09
2018

Uber strike - disrupting the disruptors?
#Employment

Is one of the innovations of the gig economy the creation of a section of the workforce who can go on strike without risk or consequences?...

Oct
09
2018

Its not all bad news in ‘The Future Of Jobs Report 2018’
#Information Technology #Employment

The Fourth Industrial Revolution, to use World Economic Forum founder Klaus Schwab’s slogan, is well and truly on its way. However, the latest report out of Davos (the location of the WEF’s annual gathering of business leaders and politicians) is that whilst 75 million jobs could be displaced by rapid technological advances, roughly 133 million jobs could be created within the next 10 years. ...

Oct
09
2018

What to do when your staff member suffers a bereavement
#Employment

It is worth thinking about how your organisation would handle an employee’s bereavement as dealing with this well will ensure that the staff member returns to work and productivity as soon as possible....

Oct
05
2018

A different ‘gig’ but the same result?
#Employment

There has been a steady stream of high profile cases about employment rights and the boundaries between categories of employment and self-employment in the modern economy, with particular focus on tech platforms providers like Uber. Largely (but not exclusively), the trend has been that those working in the gig economy have been found to be workers, rather than employees or people running their own micro businesses....

Oct
05
2018

CIPD and Mind launch guidance for managers to support mental health at work
#Employment

Last week saw the launch of a new guide aimed at assisting and supporting those who battle mental health issues in the workplace. The guide has been compiled by the CIPD, the UK’s leading professional body for HR and people development, and Mind, the longstanding mental health charity. CIPD’s recent ‘Health and Well-Being at Work’ report, produced in partnership with Simplyhealth, showed increases in work-related stress and mental health...

Oct
04
2018

MPs call for big companies to publish parental leave policies
#Employment

Following a campaign by the Liberal Democrats, suggesting that employers with over 250 employees be obliged to share their parental leave policies, ten major employers (including Deloitte and RBS) have agreed to publish their parental leave and pay policies. The research cited to support this campaign included a survey by the Equalities and Human Rights Commission, which concluded that as many as 54,000 women a year lose their jobs due to either pregnancy or maternity discrimination....

Oct
04
2018

Strikes in the gig economy
#Employment

As the UK hospitality industry suffers disruption by disgruntled workers it is a timely reminder that there is a large UK population of workers who are feeling exploited by the gig economy and lack of employment rights....

Oct
03
2018

Are you worn out today?
#Employment

The Financial Times has reported a survey that shows people are working harder and faster, leaving them exhausted every day. This comes from the 2017 Skills and Employment Survey....

Sep
27
2018

Tribunal caseload continues to rise
#Employment

The Ministry of Justice has published tribunal statistics for April – June 2018. Readers will be aware that tribunal caseloads have increased steadily since the abolition of tribunal fees in July 2017. That trend continues in the latest report. ...

Sep
21
2018

Evidence and knowledge of disability discrimination
#Employment

In a judgment published this week in the case of Mutombo-Mpania v Angard Staffing Solutions, the Employment Appeal Tribunal (EAT) upheld a decision that - an employee who suffered from essential hypertension but had advised his employer that he had no disability was not, on the evidence he provided, a disabled person; and the employer could not reasonably have been expected to know that he was disabled. ...

Sep
20
2018

Morrisons faces a potential £1bn Equal Pay claim.
#Employment

It appears that Morrisons is the latest of the ‘Big Four’ supermarkets (so called due to their dominance of the market share) to face a string of Equal Pay claims. Whilst Tesco still holds the lion’s share, controlling 27.4% of the available market, Morrisons’ not so insignificant 10.2% keeps it firmly rooted as one of the most influential chains in the UK. The claimants’ representatives are well versed in this matter as they are already overseeing legal action on behalf of 30,000 employees at ASDA, Sainsbury’s and Tesco. ...

Sep
14
2018

When is notice not notice…
#Employment

In a recent EAT case, the claimant had decided to move from one department to another, both within the employer’s business. She had received a conditional job offer from the new department and wrote to her employer stating ‘please accept one month’s notice from the above date’. Her conditional offer was later withdrawn and she asked to retract, what she called, her notice of resignation. The employer refused stating that she had resigned....

Sep
14
2018

Updates to the ACAS guidance for job references
#Employment

Almost every job application in the modern world will ask for a reference to accompany an application. It is an important tool to establish whether a candidate is suitable for the role they are applying for. ...

Sep
07
2018

Filing an incomplete claim form not necessarily unreasonable
#Employment

In North East London NHS Foundation Trust v Zhou, the EAT has decided that it may not necessarily be unreasonable conduct for solicitors to have filed an incomplete claim form....

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