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Employment - Legal Updates

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May
24
2019

Decision not to allow employee to take up overseas placement due to concerns over risk to his health not discriminatory
#Employment

In the recent case of Owen v AMEC Foster Wheeler Energy Ltd and another, the Court of Appeal held that withdrawing the offer of an international placement due to concerns arising from the Claimant’s medical assessment did not amount to disability discrimination. The Claimant was in poor physical health and suffered from hypertension, kidney disease, ischaemic heart disease, type 2 diabetes and morbid obesity....

May
23
2019

EU law requires employers to keep daily records of hours worked
#Employment

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, a trade union in Spain brought a claim against Deutsche Bank, which did not keep a record of the hours its employees worked on a daily basis. The Court of Justice of the European Union has decided that if there were no requirement to keep records “it would be impossible to determine objectively and reliably either the number of hours worked by the worker [or] when that work was done”....

May
17
2019

Mental Health Awareness Week
#Employment

According to The Government's Department of Health, 25% of us will experience mental health issues at some point in our lives. A study conducted by the Chartered Institute of Personnel and Development...

May
17
2019

Retail staff may be entitled to extra payment for opening and closing their store
#Employment

Whilst it may be common place for retail staff to open and close their stores outside of their contractual hours, employers should be wary and ensure that everyone adequately remunerated for such activities. In the recent case Fitz v Holland and Barrett, Employment Judge Siddall posited such advice in her judgement. ...

May
09
2019

Companies failing to bring workers to the board
#Employment #Corporate

A report released by the Local Authority Pension Fund Forum (LAPFF) has revealed that just 5% of companies would appoint an employee to their board of directors, despite a push by the Government to improve employee participation in board meetings. Under the Corporate Governance Code, companies are asked to strengthen the “employee voice” in boardrooms....

May
09
2019

Knowledge of disability - Employer’s knowledge of Claimant’s disability at appeal stage of disciplinary proceedings was relevant and should have been considered by Tribunal
#Employment

In the recent case of Baldeh v Churches Housing Association of Dudley and District Ltd, the EAT allowed an appeal by a Claimant against the Tribunal’s decision to reject her claim for disability related discrimination. Whilst it was found that the Respondent did not have knowledge of the Claimant’s disability (either actual or constructive) prior to dismissing her, it had gained this knowledge when it was told of her depression at the appeal hearing....

May
03
2019

Opportunity for all: HR and social mobility
#Employment

The 2018-2019 report of the Social Mobility Commission, released this week, provides an opportunity for HR professionals to consider ways to add further value to businesses....

May
02
2019

The importance of workplace culture – is your organisation “stuck in its ways”
#Employment

“Culture is the sum of a company’s values, traditions, beliefs, interactions, behaviours and attitudes” according to the co-founder of communications platform Speakap the company responsible for a new survey on the importance of workplace culture....

Apr
30
2019

Menopause matters – CIPD launches new guidance to help workplaces tackle the taboo
#Employment

Research from the CIPD suggests that menopause in the workplace remains mismanaged and shrouded in silence, despite impacting an increasing number of employees. The NHS states that the average age for menopause transition in the UK is 51. ...

Apr
30
2019

CIPD and PA consulting highlight lack of HR input in automation
#Information Technology #Employment

We are a “long way from the ‘robots will take my job’ anxiety that dominates the media’s image of AI and automation” states Katherine Henley, workforce transformation expert at PA Consulting. ...

Apr
26
2019

Gender Pay Gap: Study reveals that men are more likely to ask for a pay rise than women
#Employment

A survey conducted by CV-Library on 1,200 UK workers has revealed that 64% of men were comfortable asking for a pay rise, compared to just 43% of women. On top of this, when women did ask for a pay rise, this averaged at around 2% of their salary, in comparison to men receiving a rise between 3-5%....

Apr
26
2019

Preparing for changes to the off-payroll working rules (IR35)
#Employment

Reforms to the tax framework known as IR35 have been lurking in the background since autumn 2018 when the government announced its intention to extend the regime to the private sector. ...

Apr
18
2019

Employer not liable for Christmas party injuries
#Employment

The High Court has ruled in Shelbourne v Cancer Research UK that the employer was not liable for the back injuries sustained by the employee at a Christmas Party. A visiting scientist attending the party had picked up the Claimant and dropped her, causing a severe back injury....

Apr
18
2019

Low Pay Commission Consultation 2019 – calling all evidence!
#Employment

A new consultation has been opened by the Low Pay Commission (LPC) seeking views on the National Minimum Wage (NMW) and National Living Wage (NLW) rates that should apply from April 2020. ...

Apr
16
2019

‘What business leaders can learn from the Ted Baker harassment scandal’ - Helen Beech comments for Elite Business
#Employment #Press

In the wake of Ray Kelvin’s resignation as CEO of Ted Baker following harassment allegations from staff, here’s how business leaders can keep their company free from “sexual innuendos” and inappropriate conduct ...

Apr
12
2019

Is this AI step too far?
#Information Technology #Employment

It has been revealed that hundreds of UK business are using artificial intelligence to monitor staff activity. Is this an innovative way to analyse productivity or a stressful scrutinisation of individuals’ activity?...

Apr
12
2019

Updated Vento Bands
#Employment

The Presidents of the Employment Tribunals in England and Wales and Scotland have updated the Vento bands used for calculating awards for injury to feelings in Employment Tribunal claims....

Apr
12
2019

Personal Liability of Directors
#Employment #Directors Duties

The High Court in Antuzis v DJ Houghton has recently held that directors of a private limited company could be pursued personally for breaching an employment contract....

Apr
12
2019

Holiday pay reference period to increase to 52 weeks from April 2020
#Employment

Back in December we blogged on the government’s Good Work Review by Matthew Taylor....

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