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Employment

Articles & Blogs Employment

New Immigration Schemes Proposed to Improve Competitiveness of UK Industries After Brexit

Friday, 14 September 2018

With a new White Paper on immigration anticipated in the coming weeks, are there signs that the government will soften its previously tough stance on immigration?

New Immigration Schemes Proposed to Improve Competitiveness of UK Industries After Brexit

Articles & Blogs Employment

Are Documents Created During an Internal Investigation Privileged?

Friday, 14 September 2018

This is an important question for all employers who are undertaking internal investigations, whether they are carrying out the investigation themselves or commissioning others to do it.

Are Documents Created During an Internal Investigation Privileged?

Articles & Blogs Employment

Can an Employer Search an Employees Mobile Phone to Protect Confidential Information?

Friday, 14 September 2018

The High Court, in the recently reported decision of Richmond v Selecta Systems Limited, has found that, to protect the company's interests, an employer who had a reasonable suspicion that an employee had openly taken confidential information...

Can an Employer Search an Employee's Mobile Phone to Protect Confidential Information?

Articles & Blogs Employment

New ACAS Guidance on Employment References

Friday, 07 September 2018

Many employers may find the rules around employment references tricky to navigate. What should be included? Does a reference need to be provided? Can you give a bad reference?

New ACAS Guidance on Employment References

Articles & Blogs Employment

Can the Transfer of a Public Health Team Commissioning Health Services Be a TUPE Transfer?

Friday, 07 September 2018

In the recent case of Nicholls & Others v London Borough Council, the Employment Appeal Tribunal (EAT) explored when the transfer of public health functions might amount to a relevant transfer for TUPE purposes.

TUPE

Articles & Blogs Employment

Does an Ulterior Motive for Making a Victimisation Claim Show Bad Faith?

Friday, 31 August 2018

No, held the Employment Appeal Tribunal, arguing that although motive could be relevant, the key question should be whether the claimant had acted dishonestly.

Victimisation

Articles & Blogs Employment

Gender Pay Gap Reporting - What May Be on the Horizon?

Friday, 17 August 2018

The House of Commons' Business, Energy and Industrial Strategy (BEIS) Committee has published its first report following its inquiry into Corporate Governance: Delivering on fair pay, which was launched in March 2018.

Gender Pay Gap Reporting - What May Be on the Horizon?

Articles & Blogs Employment

Will Working a Notice Period After Resigning in Response to Repudiatory Breach Affirm the Contract?

Friday, 31 August 2018

In the face of a repudiatory breach of contract, an employee must not leave it too long before resigning, otherwise, they will be taken to have waived the breach.

Breach of Contract

Articles & Blogs Employment

Legal Advice Privilege - a Cautionary Tale

Friday, 17 August 2018

In the case of X v Y Ltd, the Employment Appeal Tribunal (EAT) considered the limits of what is privileged.

Legal Advice Privilege - a Cautionary Tale

Articles & Blogs Employment

Can a TUPE Transfer Still Occur Where There Is a Temporary Cessation of Activities?

Friday, 17 August 2018

Yes, held the European Court of Justice (ECJ) in a recent case, ruling that a five month cessation of a school's activities, before recommencement by a different contractor, did not preclude the possibility of a TUPE transfer taking place.

Can a TUPE Transfer Still Occur Where There is a Temporary Cessation of Activities?

Articles & Blogs Employment

Supreme Court Considers Legality of Enhanced Criminal Record Checks

Friday, 10 August 2018

In the case of R (AR) v Chief Constable of Greater Manchester Police, the Supreme Court assessed whether it was a breach of AR's right to a private life and right of presumed innocence...

The Supreme Court Considers the Legality of Enhanced Criminal Record Checks

Articles & Blogs Employment

August 2018 - New Key Enquiries Launched

Friday, 10 August 2018

Following recent specific inquiries, including those on pregnancy and maternity discrimination, workplace dress-codes, older people and employment and sexual harassment in the workplace...

August 2018 - New Key Enquiries Launched

Articles & Blogs Employment

Employment Relationship Deemed to Exist Despite Contract with a Personal Service Company

Friday, 10 August 2018

In the recent case of Sprint Electric Ltd v Buyer's Dream Ltd the High Court has held that an individual who provided his services through a personal service company was in fact an employee of the client.

Employment Relationship Deemed to Exist Despite Contract with a Personal Service Company

Articles & Blogs Employment

Caste Discrimination to Be Prohibited Through Case Law

Friday, 03 August 2018

Following consultation, the government has decided not to make caste a protected characteristic in its own right.

Government

Articles & Blogs Employment

Employment Disputes - Do You Owe a Duty of Care to Your Employees?

Friday, 03 August 2018

Not when defending claims based on the alleged misconduct of the employees, held the Supreme Court in a recent case.

Litigation