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Jun
22
2018

Automatic unfair dismissal despite employee’s knowing use of illicitly gained personal information
#Employment

It is automatically unfair to dismiss an employee for taking part in trade union activities at an appropriate time. It is also unlawful to subject an employee to a detriment on this basis. For a union official, union activities include seeking to present a case on behalf of his/her members....

Jun
22
2018

List of issues should be complete
#Employment

It is common for parties to a tribunal claim to agree, at an early stage, the list of the issues that they want a tribunal to determine. In the recent case of Scicluna v Zippy Stitch the Court of Appeal has suggested that tribunals will usually be confined to these issues. ...

Jun
19
2018

Will HR be Human or Hybrid?
#Press #Employment #Information Technology

As huge numbers of employees face displacement by technology over the coming decade, nearly half all jobs in manufacturing according to some, what is the HR agenda to mitigate the human cost of this technological revolution?...

Jun
18
2018

How might AI and Blockchain impact on HR?
#Employment #Information Technology

Artificial Intelligence (“AI”) and Blockchain are becoming more prominent, with ever-increasing uses. But how could such developments impact HR?...

Jun
15
2018

‘Serious misconduct’ dismissals- Must there be prior warnings?
#Employment

The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct is labelled ‘serious misconduct’ rather than ‘gross misconduct’. The Tribunals need to consider the circumstances as a whole when assessing the decision to dismiss....

Jun
15
2018

Avoiding a Red Card: Acas publish employer guidance for the FIFA World Cup
#Employment

With kick off for the FIFA World Cup on Thursday 14 June, Acas have released guidance for employers on managing workplaces during this time. ...

Jun
15
2018

Pimlico Plumbers – Appeal dismissed
#Employment

As we blogged, back in August, Pimlico Plumbers (“Pimlico”) were granted the right to appeal to the Supreme Court against a finding that one of its plumbers was a worker and not self-employed. Now, the Supreme Court has spoken and, as expected, it has dismissed Pimlico’s appeal....

Jun
14
2018

Dixons Carphone admits major data breach
#Employment

Dixons Carphone’s review of data and its systems disclosed massive unauthorised access to 5.9 million customer cards and 1.2 million personal records. The incident gathers attention after both GDPR and Data Protection Act 2018 (‘DPA 2018’) came into force on 25 May 2018....

Jun
08
2018

Time off for Public Duties extended
#Employment

Under the Employment Rights Act 1996, an employer must allow employees time off for public duties. The Time off for Public Duties Order 2018 comes into force on 1st October 2018 and extends these rights. The right will now also be available to individuals who monitor conditions in places such as court custody, Scottish prisons, immigration removal centres and immigration facilities at ports and airports....

Jun
05
2018

The technology of talent management
#Information Technology #Employment

Technology is rapidly changing the way businesses manage talent. Businesses, new and established, are launching solutions based on everything from artificial intelligence (AI) to blockchain to big data and augmented and virtual reality....

Jun
01
2018

Zero-hour employee entitled to compare himself to full-time employee
#Employment

The EAT has held, in Roddis v Sheffield Hallam University, that an employee on a zero hour contract can compare himself to a full-time employee for the purposes of pursuing a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the Regulations). The Regulations provide protection for part-time workers against less favourable treatment on the ground of their part-time status. ...

Jun
01
2018

Disability and knowledge of the consequence
#Employment

In the case of City of York Council v Grosset, the Court of Appeal (COA) upheld a decision that an employer was liable for discrimination arising from a disability when it dismissed an employee due to misconduct, even though the employer was not aware that the employee’s conduct was due to his disability. The claimant was Head of English at a school and suffered with cystic fibrosis....

May
31
2018

Michael Sippitt comments for the Financial Times Special Report on AI systems must be alert to the dangers of human bias
#Employment #Press

The technology sector has come under the spotlight for its lack of diversity after a series of high-profile cases of sexual harassment in Silicon Valley companies, including Uber. A series of scandals in the US about predictive policing and facial recognition software that cannot recognise black people have also raised concerns about ethnic discriminations....

May
18
2018

Asking employee if he still supported ISIS was not discrimination due to previous comments
#Employment

In Bakkali v GMB (South) Ltd, the Employment Appeal Tribunal decided that asking a Moroccan Muslim bus driver whether he "still supported Islamic State" was neither direct discrimination nor harassment related to race or religion....

May
18
2018

Over 50% Increase in Minimum Wage backpay
#Employment

The government have published figures for the 2017-2018 tax year which show that the number of workers who have received back pay due to underpayments of the minimum wage has more than doubled since the previous year. ...

May
11
2018

Supporting mental health in the workplace
#Employment

Next week is Mental Health Awareness week (14 – 20 May 2018) so what better time to reflect on the last 12 months which have seen much positive activity in the field of supporting mental health in the workplace. October 2017 saw two comprehensive publications issued: the ACAS guidance “Promoting positive mental health in the workplace” and the Stevenson / Farmer review of mental health and employers, “Thriving at work”. ...

May
11
2018

Is HR ready for the revolution?
#Employment

It is not protests in the streets and the overturning of our Government by violence we fear, at least not yet anyway. However, there is a quiet and transformational revolution going on that will deeply affect just about everyone over time....

May
11
2018

Constructive Dismissal: Substantial pay reduction cannot amount to a ‘reasonable or proper’ cause
#Employment

An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ...

May
11
2018

Low take up of fee refunds
#Employment

According to a letter from the Lord Chancellor to the Justice Committee last month, a large number of eligible people have failed to apply for a refund of tribunal fees paid. The Ministry of Justice is sending letters to those affected to try to raise awareness in this regard. ...

Apr
27
2018

Employees who brought claims 2 years after a pay freeze had not waited too long
#Employment

The employees in Abrahall v Nottingham City Council received incremental annual pay rises until March 2011, when the council imposed a two-year pay freeze. The council said that the only alternative was additional redundancies. ...

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