December 2016/January 2017 #176 – Law Journals

The Year Ahead: 2017 and all that

Will Hampshire and Richard Kenyon outline ten key developments that the next 12 months have in store for employers and their advisers ‘In 2017, we can expect more disruption as new technology and employment rights collide within the arena of the national and international political battles to come.’ Back at the beginning of the 19th …

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Discrimination: Bake’s off: lessons from the Bert and Ernie cake case

A controversial judgment has reignited debate about the conflict between protection from discrimination and the values of organisations and their workers. Phil Allen explains ‘While some of the cases on the breadth of the meaning of belief in the context of religious discrimination might raise some interesting arguments, there is a requirement for such beliefs …

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Vexatious Litigation: How to stop serial claimants in their tracks

Angharad Harris explores ways for employers to deal with vexatious litigants, such as job applicants simply seeking a discrimination award ‘Vexatious litigants in the employment law field will often make mass job applications, usually against different respondents, with a view to then pursuing tribunal proceedings.’ The term ‘vexatious litigant’ is bandied around in the context …

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Financial Services: Prepare for tough new rules on employee references

Sarah Ozanne discusses the forthcoming requirement for banks to share information on any impropriety committed by employees who are looking for a new, senior job in the sector ‘Until now, it has been common practice for employers to provide outgoing employees with a bland, standard reference simply confirming their role and dates of employment.’ The …

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Christmas In The Workplace: Parties, presents and other pitfalls

Diane Nicol gives her tips on how employers and their advisers can enjoy the festive season by taking steps to reduce the risk of litigation ‘Many employers have given up holding Christmas parties altogether. Yet there are simple steps which organisations can take to ensure the safety of their staff and avoid all manner of …

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Legal News: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘The EAT issued a cri de coeur on behalf of employees left in “real difficulty” if incoming and outgoing service providers cannot agree whether there has been a TUPE transfer or who is responsible for relevant employment liabilities.’ Activities were ‘fundamentally …

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Employment Status: Reality check for Uber as its drivers are found to be workers

Anthony Sakrouge looks at the key lessons from Uber’s failure to convince the employment tribunal that its drivers are self-employed ‘Advisers should look critically at their organisation’s documentation, where it seems likely at the outset that the exact nature of the contractual relationship may one day be challenged, and see what function each document serves …

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