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Employment

Articles & Blogs Employment

Can a Dismissal Without Warning for Serious Misconduct Ever Be 'Fair'?

Friday, 08 June 2018

Theoretically yes, according to the recent decision of the Employment Appeal Tribunal in Quintiles Commercial UK Ltd v Barongo, but there are real practical risks to be considered...

Can a Dismissal Without Warning for Serious Misconduct Ever Be 'Fair'?

Articles & Blogs Employment

New Religion and Belief Guidance Launched by The Advisory, Conciliation and Arbitration Service (Acas) to Help Prevent Discrimination at Work

Friday, 01 June 2018

Acas has launched new guidance on religion and belief aimed at managers, HR professionals, employees, employee/trade union representatives and job applicants.

Can an Employer Be Liable for Discrimination Arising from Disability Where Cause of Misconduct Was Not Known?

Articles & Blogs Employment

Multiple Instances of Misconduct Could Justify Summary Dismissal Without Prior Warning

Friday, 01 June 2018

In a recent decision, the Employment Appeal Tribunal ('EAT') has confirmed that multiple instances of misconduct can be accumulated to justify summary dismissal even where the employee has a prior clean disciplinary record.

Can an Employer Be Liable for Discrimination Arising from Disability Where Cause of Misconduct Was Not Known?

Articles & Blogs Employment

Union Liable Under the Equality Act 2010 for Discriminatory Acts of Their Elected Officials

Friday, 01 June 2018

In the case of Unite The Union v Sally Nailard, the Court of Appeal upheld the Employment Appeal Tribunal's ('EAT') ruling that Unite the Union, a nationwide union,...

Can an Employer Be Liable for Discrimination Arising from Disability Where Cause of Misconduct Was Not Known?

Articles & Blogs Employment

Can an Employer Be Liable for Discrimination Arising from Disability Where it Did Not Know the Employee's Misconduct Was Caused By Their Disability?

Friday, 25 May 2018

The Court of Appeal ('CA') has recently upheld the Employment Appeal Tribunal's ('EAT') decision in City of York Council v Grosset...

Can an Employer Be Liable for Discrimination Arising from Disability Where Cause of Misconduct Was Not Known?

Articles & Blogs Employment

Is the Employer Named in an Employment Contract Really the Employer?

Friday, 25 May 2018

In the recent case of Dynasystems for Trade and General Consulting v Moseley the Employment Appeal Tribunal (EAT) held that subsequent actions can be taken into account to establish the true nature of an agreement...

Is the Employer Named in an Employment Contract Really the Employer?

Articles & Blogs Employment

Dress Codes and Sex Discrimination in the Workplace - Guidance for Employers

Friday, 25 May 2018

The Government and Equalities Office has published new guidance on the law surrounding workplace dress codes with a particular focus on sex discrimination.

Dress Codes and Sex Discrimination in the Workplace - Guidance for Employers

Articles & Blogs Employment

Are Employees Who Undertake Sleep-in Duties Entitled to the National Minimum Wage?

Friday, 18 May 2018

Regular readers of our blogs may remember earlier reports regarding payment for night shift workers who are required to sleep in a particular location for healthcare providers.

Are Employees Who Undertake Sleep-in Duties Entitled to the National Minimum Wage?

Articles & Blogs Employment

Large Increases in the Number of Workers Receiving Back Pay for Minimum Wage Arrears

Friday, 18 May 2018

The government has published new figures this week in respect of pay owed to employees as a result of employers failing to pay the National Minimum Wage.

Large Increases in the Number of Workers Receiving Back Pay for Minimum Wage Arrears

Articles & Blogs Employment

How Important is Context When Deciding Whether a Comment Amounts to Harassment?

Friday, 18 May 2018

In the recent case of Bakkali v Greater Manchester Buses (South) Ltd the Employment Appeal Tribunal (EAT) confirmed that proper consideration of the context of offensive remarks will be relevant to deciding whether those remarks constitute harassment.

How Important is Context When Deciding Whether a Comment Amounts to Harassment?

Articles & Blogs Employment Healthcare

Does an Employee Need to Ask Their Employer to 'Bump' a Colleague Into Redundancy?

Tuesday, 15 May 2018

Many healthcare practices are facing challenges around restructure and redundancy exercises. Practice Managers may be familiar with the concept of "bumping" as part of a redundancy exercise.

Important European Court Opinion on Specific Mechanism - What Does This Mean for Parallel Trade?

Articles & Blogs Employment

Changes to Pay Statements from April 2019 - What You Need to Know

Friday, 11 May 2018

An amendment to the Employment Rights Act 1996 (ERA), which comes into force on 6 April 2019, means that all workers...

Pay Legislation

Articles & Blogs Employment

Is It Indirect Sex Discrimination to Pay Only Statutory Shared Parental Pay but Enhanced Maternity Pay?

Friday, 11 May 2018

Many employers offer enhanced maternity leave benefits, whilst limiting the pay of those taking shared parental leave (SPL) to the statutory rate. A recent case has left some ambiguity as to whether this may be indirectly discriminatory…

Shared Parental Pay

Articles & Blogs Employment Independent Schools

Testing Times: An Examination of Schools' Obligations to Provide Exam Services

Tuesday, 08 May 2018

We regularly hear about the pressures on teachers to deliver good exam results and about the effects on them of 'hyper accountability' for lofty parental aspirations.

Testing Times: An Examination of Schools' Obligations to Provide Exam Services