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Employment - Legal Updates

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Jun
12
2020

Home Working: Employer's Health and Safety Obligations towards their Employees
#Employment

Employers in the UK have a legal obligation to ensure employees’ health, safety and welfare at work, as far as reasonably practicable. This includes home workers. The Government’s advice remains that those who can work from home should continue to do so. To ensure businesses meet their statutory obligation under health and safety legislation...

Jun
05
2020

Beneficial contract changes made prior to TUPE transfer were void
#Employment

It is well established that contract changes made solely (or principally) because of a TUPE transfer will be void....

Jun
04
2020

Employee succeeds in whistleblowing claim following complaint about offensive “banter”
#Employment

The Claimant in Robinson v Mind Monmouthshire Ltd made a complaint after a colleague performed an offensive impression of a physically disabled person. ...

May
29
2020

Return to work considerations for employers: health and safety, duty of care and whistleblowing claims
#Employment

With increased easing of lockdown measures expected from next week, and businesses beginning to re-open, the inevitable employment law implications will arise from returning to work and ensuring that staff are safe....

May
28
2020

Unofficial work before start date not counted towards continuous employment
#Employment

In O’Sullivan v DSM Demolition Ltd, the Claimant’s contract of employment recorded a start date of 2 November 2015, ...

May
28
2020

ACAS publishes new guidance on mental health during Coronavirus
#Employment

Accompanying their recently commissioned YouGov survey, ACAS has published workplace guidance aimed at assisting staff manage their mental health at work. ...

May
20
2020

Settlement Agreements and Confidentiality Clauses
#Employment

The High Court, ruling in Duchy Farm Kennels v Steels, has confirmed that an employer cannot avoid paying sums due under a settlement agreement (where the employee is suspected of breaching the confidentiality clause) unless confidentiality is actually a condition of the agreement....

May
20
2020

Employers to recover COVID-19 related SSP
#Employment

From 26 May 2020, small- and medium-sized employers will be able to recover some coronavirus-related SSP from HMRC. ...

May
14
2020

Settlement Agreements - What Are They?
#Employment

A settlement agreement (or compromise agreement as it used to be known) is a contract between an employee and employer....

May
14
2020

ACAS Updates Grievance and Disciplinary Advice
#Employment

Acas has published new guidance on how employers should conduct disciplinary and grievance procedures during the COVID-19 pandemic. The guidance emphasises that all previous guidance, such as the Acas Code of Practice will continue to apply, and that the new guidance hopes to assist in instances where employees have been furloughed, where workplaces are inaccessible, or where employees are working from home....

May
07
2020

Returning to Work – the Health and Safety implications of Covid-19
#Employment

On Sunday 10 May 2020, the Government is expected to announce some easing to the current lockdown measures, which could include some professions being permitted to return to work. ...

May
07
2020

Preparing for the post-lockdown workplace
#Employment

With a “roadmap” to lead the UK out of the lockdown due to be set out by the Prime Minister on 10 May 2020, employers across the country are now facing the question of how to safely reopen their workplaces......

May
06
2020

Self-employed delivery driver may not be worker under Working Time Directive
#Employment

In B v Yodel Delivery Network Ltd, the ECJ needed to consider whether a self-employed delivery driver could be a worker under the Working Time Directive......

Apr
30
2020

Furlough parental pay calculated on usual earnings
#Employment

Furloughed employees due to take a period of paid family leave (such as maternity, adoption, etc) will be entitled to pay for this leave based on their usual earnings, not the amount they are receiving while furloughed. ...

Apr
30
2020

Off-payroll working and the need to treat people fairly
#Employment

This criticism is valid and will not be news to HR practitioners. Since the IR35 changes were introduced in the public sector in 2017, we have been advising on the need to consider whether contractors who are deemed to be employed for tax purposes should also be onboarded as employees....

Apr
29
2020

The Government’s Bounce Back Loan Scheme
#Employment #Podcasts and Webinars

At the beginning of this week, the chancellor announced a new scheme aimed at helping small to medium sized businesses to borrow between £2,000 and £50,000. ...

Apr
23
2020

Claimant secures £28k in race harassment claim
#Employment

In Sheun v Northern General Hospital, the Claimant’s colleague had mimicked a “stereotypical” ...

Apr
16
2020

Sexual Orientation Discrimination – Engineer awarded £175,000 at Tribunal
#Employment

In Allen v Paradigm Precision Burnley Ltd and Carl Wheeler 2020, the claimant made enquiries about taking adoption leave as he and his husband wanted to start a family......

Apr
16
2020

Recovery to a new world
#Employment

It is unnecessary to detail the extent of the devastating economic effects of the Covid-19 pandemic. They are plain to see across most of the world. Huge numbers are traumatised not only by the appalling global illness and death but also by fear of a very uncertain future. ...

Apr
08
2020

Updated coronavirus guidance: apprenticeships and annual leave during furlough
#Employment

Yesterday evening, the government provided updated guidance on apprenticeships in relation to furlough...

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