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Employment Law Articles and Blogs - VWV

Employment

Articles & Blogs Employment

Dismissal Based on Hidden Reason - Does It Matter?

Friday, 06 December 2019

Where an employee is dismissed, the person making the decision to dismiss is often relying on information provided by others.

Dismissal

Articles & Blogs Employment

Will Dismissing an Employee for Blogging About Work Violate Their Human Rights?

Friday, 06 December 2019

In some cases, yes. The European Court of Human Rights (ECHR) has confirmed that an employer violated an employee's right to freedom of expression when dismissing him for publishing personal blog posts in relation to his work.

Can You Dismiss an Employee Because of a Blogpost?

Articles & Blogs Employment

Can Workers Obtain Whistleblowing Protection Based on Subjective Belief?

Friday, 06 December 2019

Complaints by a worker that they had been defamed may have whistleblowing protection if the worker subjectively believed them to be in the public interest regardless of their motive, confirms the Court of Appeal.

Can Workers Obtain Whistleblowing Protection Based on Subjective Belief?

Articles & Blogs Employment

Using the Employer Checking Service? Employers Beware!

Thursday, 05 December 2019

Employers cannot rely solely on the Home Office's Employer Checking Service (ECS) right to work check when making decisions about an employee's immigration status.

Using the Employer Checking Service? Employers Beware!

Articles & Blogs Employment

Can There Be a Continuing Act Where Some of the Alleged Acts Are Not Discriminatory?

Wednesday, 20 November 2019

When only one of a number of alleged acts is determined by the ET as discriminatory, it causes debate over whether it can be considered part of a continuing act of discrimination.

Can There Be a Continuing Act Where Some of the Alleged Acts Are Not Discriminatory?

Articles & Blogs Employment

Dentist Wins Claim For Interim Relief

Wednesday, 20 November 2019

The Employment Appeal Tribunal (EAT) recently upheld a judgement confirming that a dentist was 'likely to succeed' in an unfair dismissal claim based on whistleblowing.

Dentist Wins Claim For Interim Relief

Articles & Blogs Employment

How Much Annual Leave Can Employees Carry Over?

Friday, 29 November 2019

UK employers are not required to allow an employee to carry over all of their annual leave if they have been unable to take it due to sickness absence.

How Much Annual Leave Can Employees Carry Over?

Articles & Blogs Employment

Can a Manager Meddling With a Disciplinary Investigation Render a Dismissal Unfair?

Wednesday, 20 November 2019

A manager's attempts to manipulate the outcome of a disciplinary investigation could put your organisation at risk of a successful unfair dismissal claim.

Can a Manager Meddling With a Disciplinary Investigation Render a Dismissal Unfair?

Articles & Blogs Employment

Does Reinstatement Extinguish Detriment in Discrimination Cases?

Wednesday, 20 November 2019

A discrimination claim against Network Rail leaves the ET and EAT divided over whether reversing an employee's dismissal extinguishes detriment in equality law.

Does Reinstatement Extinguish Detriment in Discrimination Cases?

Articles & Blogs Employment

Settlement Agreements - £500 to Cover Legal Advice "Wholly Unrealistic"

Friday, 15 November 2019

In a recent case, the Employment Appeal Tribunal (EAT) commented that where the advisor is expected to advise on merits and quantum, as well as the terms and effect of the proposed settlement, a contribution of £500 would not be sufficient.

Settlement Agreements - £500 to Cover Legal Advice

Articles & Blogs Employment

When Will an Interim Injunction Be Awarded to Prevent Harassment?

Friday, 15 November 2019

In a recent case, the High Court refused to grant an interim injunction restraining Ms Alles, a journalist and women's rights campaigner from publishing allegedly defamatory material about a teacher she had been investigating.

When Will an Interim Injunction Be Awarded to Prevent Harassment?

Articles & Blogs Employment

Government Responds to Call for Action on Non-Disclosure Agreements

Friday, 08 November 2019

The government has finally published its response to the Women and Equalities Select Committee's (WESC) June 2019 report on the use of non-disclosure agreements (NDAs) in workplace harassment and discrimination cases.

Government Response on Use of Non-Disclosure Agreements

Articles & Blogs Employment

BBC Presenter's IR35 Appeal Dismissed

Friday, 08 November 2019

Former television presenter Christa Ackroyd, who was engaged by the BBC through a personal service company, should be taxed as an employee according to the Upper Tribunal.

Tax Advice

Articles & Blogs Employment

Could You Be Violating Your Employees' Privacy Rights?

Friday, 08 November 2019

The Grand Chamber of the European Court of Human Rights (ECHR) held that installing covert CCTV to monitor workplace theft did not violate the employees' privacy rights.

Could You Be Violating Your Employees' Privacy Rights?

Articles & Blogs Employment

When Is Legal Advice No Longer Privileged?

Friday, 01 November 2019

The general rule is that legal advice is privileged and not disclosable in litigation. However, if the legal advice is given for the purpose of "affecting an iniquity", this will not be the case.

When Is Legal Advice No Longer Privileged?