Employment Law Brief

Do Your Employees Speak Fluent English?

Friday, 05 August 2016

On 21 July 2016, the Cabinet Office and Home Office published a Code of practice on the English language requirement for public sector workers (the Code) and a related impact assessment.

Articles & Blogs Employment

A Cautionary Tale for Contractual Data Protection Policies

Friday, 05 August 2016

The High Court's decision in Bangura v Loughborough University is a useful reminder for employers to ensure that data protection policies are non-contractual.

Articles & Blogs Brexit Employment

Existing Employment Law to Bremain

Friday, 29 July 2016

The Secretary of State for Exiting the EU, David Davis, has indicated that existing employment law in the UK will not be overhauled post-Brexit.

Articles & Blogs Employment

Does a Pre-existing Condition Permit a Tribunal to Reduce Compensation for Personal Injury in Discrimination Cases?

Friday, 29 July 2016

The Employment Appeal Tribunal (EAT) has asked an Employment Tribunal (ET) to reconsider its reasoning for deducting 12.5% from an employee's compensation due to her predisposition to post-traumatic stress disorder (PTSD).

Articles & Blogs Employment

Headteacher Fairly Dismissed for Failing to Disclose Association with Sex Offender

Friday, 29 July 2016

The Court of Appeal has considered whether an employment tribunal was entitled to find that a Headteacher's dismissal for failing to disclose her friendship with a sex offender was within the range of reasonable responses.

Articles & Blogs Employment

Changes to Law on Employing Illegal Workers - What You Need to Know

Friday, 22 July 2016

Changes to illegal working offences introduced by the Immigration Act 2016 came into force on 12 July 2016 making changes to the rules on employing illegal workers, including the criminal offence of employing an illegal worker.

Articles & Blogs Employment

Royal Mail Manager Misleading an Investigator Leads to Successful Whistleblowing Claim

Friday, 22 July 2016

In a claim for automatic unfair dismissal, the Employment Appeal Tribunal (EAT) has considered whether a dismissal can be said to have been on the grounds of a protected disclosure.

Articles & Blogs Employment

Prohibiting Headscarves at work - the Next Instalment

Friday, 22 July 2016

The European Court of Justice Advocate General has given an interesting opinion on an employer's requirement that an employee not wear an Islamic headscarf, which contrasts with AG Kokott's opinion in another recent case.

Articles & Blogs Brexit Employment

All Change at Number 10

Friday, 15 July 2016

Following the recent tumultuous events at Westminster, we have a new Prime Minister. Theresa May has become the second female Prime Minister at a time of great change

Articles & Blogs Employment

Survivor's Pension Requirement an "Extremely Drastic Measure" Amounting to Discrimination

Friday, 15 July 2016

The Advocate General (AG) has considered whether the requirements for a survivor's pension were indirectly discriminatory on the grounds of sexual orientation and called into question the 'no retroactivity' principle followed in recent case law.

Articles & Blogs Employment

The Subconscious Discrimination Pitfall

Friday, 15 July 2016

The Employment Appeal Tribunal has confirmed that employers can discriminate subconsciously, even where the reason for the treatment appears, at first glance, to be unrelated to the relevant protected characteristic.

Articles & Blogs Employment

Useful Reminder on Annual Leave Entitlement and Periods of Sickness

Friday, 15 July 2016

The European Court of Justice has reaffirmed that workers who are unable to utilise their annual leave entitlement due to a period of sick leave can take the leave at a different time and carry their entitlement over into a new leave year if necessary.

Articles & Blogs Employment

Do You Have the Right Contractual Documentation in Place to Support Your Secondment Arrangements?

Thursday, 07 July 2016

The case of MF Global UK Ltd (In Special Administration), Re emphasises the importance of ensuring that the right contractual documentation is in place between organisations when one seconds employees to the other.

Articles & Blogs Employment

Can a Discrimination Claim be Brought Against a Work Placement Provider?

Thursday, 07 July 2016

The Court of Appeal has held that an employment tribunal can hear a discrimination claim brought by a student directly against a work placement provider.

Articles & Blogs Employment

Relationship Breakdowns, Dismissals and the ACAS Code

Thursday, 07 July 2016

The EAT has held that the ACAS Code of Practice on Disciplinary and Grievance Procedures (the ACAS Code) does not apply to dismissals for some other substantial reason (SOSR) where there has been an irretrievable relationship breakdown between colleagues.

Employment

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