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2015 in Employment Law - our top 10 stories

2015 in Employment Law - our top 10 stories

18 December 2015 by Nicola Brown

As we near the end of the year we have been reflecting on what we feel the most important employment law developments have been in 2015. We have had a look at which of the stories on our website have been the most popular with our readers, and which topics we have received... read more »

A warning for employers - do what you say you will do!

A warning for employers - do what you say you will do!

18 December 2015 by Peter Stevens

The Employment Tribunal recently had to consider an unusual set of circumstances in the case of John-Charles v NHS Business Services Authority. The facts are that in October 2012 Dr John-Charles was alleged to be in breach of his employer’s IT policies. The matter was investigated, but not with any great urgency, and... read more »

Departing from an agreed reference was disability discrimination

Departing from an agreed reference was disability discrimination

18 December 2015 by Marianne Wright

We deal with a lot of Settlement Agreements between employers and departing employees, and often an agreed reference forms part of the deal. Following on from our recent workshops on Settlement Agreements, and Nicola’s article last month on myths about Settlement Agreements, we now look at a recent case highlighting some of the... read more »

True or False: Myths about Settlement Agreements

True or False: Myths about Settlement Agreements

30 November 2015 by Nicola Brown

  We are currently in the midst of our series of workshops for employers on Settlement Agreements and thought it would be helpful if we put together an article about some of the myths that seem to persist about them. Some of these are based on points raised at the workshops so far - others... read more »

Taxation of termination payments - changes to come

Taxation of termination payments - changes to come

30 November 2015 by Peter Stevens

In July we outlined the Government’s intention to enter into a period of consultation on proposals to simplify and make changes to the way payments made to employees on the termination of their employment are taxed. You can read that article here. That period of consultation has now ended, and perhaps... read more »

Different or consistent treatment - disciplinary sanctions

Different or consistent treatment - disciplinary sanctions

30 November 2015 by Marianne Wright

Our previous article on the Court of Appeal case of Newbound v Thames Water Utilities Limited highlighted the difficulties with applying different disciplinary sanctions to employees involved in the same incident. As the Christmas party season approaches, we look at two recent cases involving the disparity in disciplinary sanctions given to employees involved... read more »

Disability discrimination - 3 recent cases

Disability discrimination - 3 recent cases

30 November 2015 by Marianne Wright

It is unlawful for employers to discriminate (directly or indirectly) against workers, employees or job applicants who are disabled under the Equality Act 2010. The Equality Act also gives protection against discrimination ‘arising from’ disability as well as placing a duty on employers to make reasonable adjustments where a disabled worker or job... read more »

Sleeping on the job and National Minimum Wage

Sleeping on the job and National Minimum Wage

30 October 2015 by Nicola Brown

Do employees who do 'sleep in' shifts as part of their role qualify to be paid at the National Minimum Wage rate throughout their shift? The Tribunals and courts have been struggling with this question in recent years, and as we have covered in our previous articles, the general direction of the case... read more »

Whistleblowing - public interest test comes (nearly) full circle?

Whistleblowing - public interest test comes (nearly) full circle?

29 October 2015 by Marianne Wright

Under whistleblowing legislation, workers who make a protected disclosure (also known as “blowing the whistle”) are protected from being subjected to a detriment by their employer on the grounds that they have blown the whistle and, if the worker is dismissed, then the dismissal will be automatically unfair if the reason (or principal... read more »

Shared Parental Leave for grandparents

Shared Parental Leave for grandparents

29 October 2015 by Nicola Brown

As we have previously reported, Shared Parental Leave became available for parents of babies born on or after 5 April 2015 (or where babies or children were placed for adoption on or after that date). So far there is little official information regarding the number of people who have chosen to take Shared... read more »

Q&A - Client pressure to dismiss

Q&A - Client pressure to dismiss

29 October 2015 by Marianne Wright

Question: I run an outsourcing company and one of my customers is insisting that I dismiss an employee who is based at their site and who has worked for me for the last 5 years. I’m reluctant to agree, as I don’t think they are being fair, but they are my biggest customer and... read more »

Protective awards - ignorance can prove costly!

Protective awards - ignorance can prove costly!

29 October 2015 by Peter Stevens

Where an employer proposes to make redundancies of 20 or more employees within a period of 90 days, there is a statutory duty to consult with representatives of the affected employees. Consultation should be with a view to reaching agreement on avoiding the need for dismissals, reducing the number of employees to be... read more »

Employment Law Evening Workshop - Dealing with Settlement Agreements

28 October 2015 by Nicola Brown

Please note that this event is now fully booked - if you are interested in coming we can add you to our reserve list in case another person drops out. Otherwise, we still have some spaces for our breakfast workshop on 24 November - please click here for more information. Settlement Agreements are... read more »

Employment Law Breakfast Workshop - Dealing with Settlement Agreements

28 October 2015 by Nicola Brown

Please note that this event is now fully booked - if you are interested in coming we can add you to our reserve list in case another person drops out. Otherwise, we still have some spaces for our breakfast workshop on 24 November - please click here for more information. Settlement... read more »

Employment Law Breakfast Workshop - Dealing with Settlement Agreements

28 October 2015 by Nicola Brown

Settlement Agreements are one of the most common tools used by employers to deal with employee departures. They are used in all manner of circumstances, such as where the employer is paying an enhanced redundancy payment, or where the employer simply wants to get rid of someone without the need to follow a... read more »

Mobile workers: first and last journeys do count as travel time

Mobile workers: first and last journeys do count as travel time

30 September 2015 by Nicola Brown

For most of us, it seems obvious that travel to and from work doesn’t count as working time – the vast majority of workers have a fixed workplace (although we might sometimes work from other locations) and although the commute is a necessary part of having a job, we wouldn’t consider ourselves to... read more »

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