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Feb
14
2019

88-year-old wins age discrimination claim
#Employment

An 88-year-old woman has succeeded in her age discrimination claim, making her the oldest person to win such a case. ...

Feb
08
2019

CJEU Suggests Keeping Records of Time Worked
#Employment

In an official Opinion on 31st January 2019, the Advocate General has proposed that in order to truly comply with the Working Time Directive EU members must, through national law, require employers to keep actual records of any time worked by their employees. ...

Feb
08
2019

A good gig
#Employment

As we blogged at the time, an employment tribunal decided last year that a group of Hermes couriers, whose written contracts described them as self-employed business people drivers, in fact had the statutory rights of “worker”. This includes the right to be paid at least the national minimum/living wage, to receive holiday pay and to seek union recognition....

Feb
07
2019

Michael Sippitt Awarded Leading Human Resources Individual Outside of London at Legal 500 UK Awards 2019
#Employment #Press #Clarkslegal

Michael Sippitt, Chairman of Clarkslegal LLP and Director of Forbury People, Clarkslegal’s subsidiary HR consultancy, was delighted to accept his award as the leading ‘Human Resources Individual Lawyer outside of London’, at last night’s Legal 500 UK Awards 2019 in London....

Feb
01
2019

Asda Case Update: Shop floor workers can compare themselves to distribution staff
#Employment

Yesterday, the Court of Appeal in Asda Stores v Brierley ruled that female shop workers could compare themselves to male colleagues working in distribution centres. ...

Jan
31
2019

Employment law developments to prepare for in 2019
#Employment

Back in August 2018, the government published its report on “Workplace Rights If There's No Brexit Deal”, which is looking ever more likely, the closer we get to 29 March. ...

Jan
31
2019

Google hit with record fine under GDPR
#Data Protection #Employment

Google LLC has been fined 50 million euros by CNIL (the French data protection regulator and ‘lead authority’ in this matter) for breaches of GDPR. ...

Jan
29
2019

Pregnancy and Maternity Discrimination: Consultation to increase protection for new parents
#Employment

The government announced its plans on Friday to provide greater protection for parents returning to work and pregnant women from redundancy in new legislation....

Jan
24
2019

Supreme Court to rule on enforceability of non-compete restrictive covenant
#Employment

Tillman v Egon Zehnder Ltd is due to be heard in the Supreme Court this week, serving as a reminder to employers about how carefully they must word a restrictive covenant....

Jan
22
2019

Right to Work checks after Brexit
#Immigration #Employment #Inward Investment

The 40-page AN EMPLOYER’S GUIDE TO RIGHT TO WORK CHECKS published by the Home Office on 29 June 2018, 2 years after the EU referendum and more than a year after the Article 50 trigger, has no references to Brexit. It does not therefore mention what employers would have to do if there was no deal. ...

Jan
18
2019

Chairman Michael Sippitt wins Legal 500 UK Award 2019 as “Expert Practitioner” in Human Resources
#Employment #Press

Michael Sippitt, Chairman of Clarkslegal LLP and Director of Forbury People, Clarkslegal’s subsidiary HR consultancy, has won The Legal 500’s UK Award 2019 as the leading Human Resources individual lawyer outside of London....

Jan
18
2019

Genuine substitution does not always rule out employee status
#Employment

For many years, the law has been clear that an unrestricted right to appoint a substitute is not consistent with employee status. ...

Jan
18
2019

Iceland in Minimum Wage Dispute
#Employment

Iceland have been accused by HMRC of underpaying their staff by £3.5 million a year for the last 6 years....

Jan
11
2019

‘What counts as sexual harassment? New BBC Three documentary asks young adults’ – Monica Atwal comments for i News
#Employment #Press

Lawyers say they understand the widespread disagreement over sexual harassment because the boundaries of appropriate behaviour have shifted...

Jan
10
2019

CEO to median pay ratio reporting: HR implications
#Employment

New executive pay ratio reporting regulations came into force this month (in the Companies (Miscellaneous Reporting) Regulations 2018)....

Jan
10
2019

When should you provide a written statement of employment terms to new employees?
#Employment

In the recent case of Stefanko and others v Maritime Hotel Ltd, the Employment Appeal Tribunal held that any employee engaged for a month or more is entitled to a written statement of terms in accordance with Section 1 of the Employment Rights Act 1996....

Jan
10
2019

Seven months down the line and many are still unaware of their GDPR requirements
#Data Protection #Employment

The EU’s Data Protection pride and joy, GDPR, came in a little over seven months ago. Despite this, many workers are still not compliant and, worse still, are unaware that they are doing anything wrong. ...

Jan
08
2019

Right to Work check changes from 28 January 2019
#Immigration #Employment #Inward Investment

On 13 December 2018, the Government laid before the Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 and an updated Code of practice to prevent illegal working....

Jan
04
2019

Advantageous treatment not the same as unfavourable treatment.
#Employment

At the end of 2018 the Supreme Court considered whether advantageous treatment, that had the potential to be even more advantageous, would constitute ‘unfavourable’ treatment within the meaning of the Equality Act....

Jan
04
2019

Court of Appeal reverses High Court Judgment that dividend payment was actually salary
#Employment

In Global Corporate Limited v Hale the Court of Appeal overturned an earlier High Court decision that dividend payments made to company director-shareholders were actually salary. ...

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