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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We can advise you of significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. As always, we will be focused on how the law will affect your workplace in practice, so that you can be best equipped to deal with any changes.

Post-Brexit discrimination

Post-Brexit discrimination

29 July 2016 by Nicola Brown

While the long-term employment law implications of the UK voting to leave the EU are still far from clear, we have identified a way in which Brexit is already directly affecting workplace relations even while we are still EU members. In particular, we have had a number of queries from employer clients where... read more »

Seek and Destroy

Seek and Destroy

28 July 2016 by Anna Rabone

Protecting confidential business information is a crucial issue for employers. Generally, contracts of employment specify in writing that employees must protect confidential information and trade secrets and not disclose this to third parties or use such information for their own benefit. It is also usually specified that this duty applies both during employment... read more »

The Cure – poor disciplinary process can be remedied by an effective appeal process

The Cure – poor disciplinary process can be remedied by an effective appeal process

28 July 2016 by Anna Rabone

In order for a dismissal for gross misconduct to be fair, there needs to be a full disciplinary process followed by the employer which complies with the principles set out in the Acas Code of Practice. Very basically, this involves a thorough investigation, a disciplinary hearing at which the employee is able... read more »

Whistleblowing revisited

Whistleblowing revisited

29 July 2016 by Marianne Wright

Protection for whistleblowers under the Public Interest Disclosure Act 1998 is being applied in ever wider circumstances (see our previous articles here and here). At our recent Employment Law Update workshops, we discussed employers’ concerns around potential whistleblowing claims, given that there is no minimum length of service required for an... read more »

When doesn't the ACAS Code apply?

When doesn't the ACAS Code apply?

28 July 2016 by Peter Stevens

Under the provisions of the Employment Rights Act 1996, where an employer fails to follow the ACAS Code in a disciplinary hearing, the employee will be able to claim an uplift of up to 25% on any compensation awarded by an Employment Tribunal in any subsequent claim for unfair dismissal. Clearly,... read more »

Absolute Discretion - or is it?

Absolute Discretion - or is it?

27 June 2016 by Peter Stevens

Where employers offer their employees a bonus or commission scheme, they frequently state in the contract of employment that any payment is entirely at the employer’s discretion. Obviously, on the face of it, this gives employers an enormous amount of freedom in deciding whether to pay bonuses or commission, and if so, how much.... read more »

Subject access requests – what do we have to disclose?

Subject access requests – what do we have to disclose?

27 June 2016 by Anna Rabone

Subject access requests are requests made by individuals under the Data Protection Act 1998 to see copies of any data held about them. The main purpose of subject access rights is to enable an individual to check whether their data is being processed unlawfully, in a way which infringes their privacy. Often in... read more »

Great Expectations: working late and disability discrimination

Great Expectations: working late and disability discrimination

27 June 2016 by Marianne Wright

The Equality Act 2010 imposes a duty on employers to make reasonable adjustments in certain circumstances, including where a “provision, criterion or practice” (PCP) puts a disabled person at a substantial disadvantage compared with those who are not disabled. A PCP can include formal or informal policies, rules, practices, arrangements and even one-off... read more »

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