April 2019 #199 – Law Journals

Legal news: Employment update

Jackie Thomas rounds up the latest case law and developments affecting employers and their advisers ‘Lamb is a useful reminder of the risk that employers face by claiming not to have knowledge of an employee’s disability until they have received an occupational health report.’ When did employer have knowledge of a disability? The duty to …

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Disciplinary procedures: Suspension must merely be reasonable, not necessary, rules Court of Appeal

A recent decision has made it harder for suspended employees to claim that their employer has undermined the employment relationship, explains Rachel Morgan ‘While a suspension does not have to be necessary, taking the decision to suspend an employee is nevertheless a significant step.’ The Court of Appeal has held in Mayor and Burgesses of …

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Employment status: Continuation on a theme

Åsa Waring and Camilla Down examine the latest cases to consider the vexed issue of whether an individual is an employee, worker or self-employed ‘Judges will go through a painstaking process of weighing up the factors in light of ever-increasing case law, ultimately arriving at a fact-specific conclusion that will perhaps add little clarity to …

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Working time: Resting their case – new rulings on work breaks

Rebecca McGuirk and Anna Scott consider recent rulings on whether compensatory rest has to be continuous and on what compensation is available to a worker denied a rest break ‘“An equivalent period of compensatory rest” must have the characteristics of a rest in the sense of a break from work.’ The Court of Appeal has …

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Substance abuse: Managing drugs and alcohol in the workplace

Employers should review the contents of their drugs and alcohol policy and how they handle breaches of that policy in light of recent developments, writes Stephen Levinson ‘A number of decisions in the tribunals have been against employers who applied a blanket ban without considering exactly what, if any, risks had occurred.’ A huge row …

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Staff procedures: Create or update an employee capability policy

Trevor Bettany and Sophie Keene continue our series with advice on how to draft a standalone procedure to address underperformance ‘Employers contemplating the managing out of poor performers will be primarily concerned to avoid claims of unfair dismissal, discrimination, whistleblowing and breach of contract.’ Managing poor performance is a key tool for delivering efficiency and …

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Insolvency: Administration – considerations for the in-house employment lawyer

Christopher Hitchins and Sara Thomas Arano explore the employment law issues that arise when the administrators are called in to try and rescue a business ‘TUPE’s information and consultation obligations still apply on a pre-pack sale, so the in-house employment lawyer will need to advise on the risks associated with a TUPE transfer in such …

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