December 2018/January 2019 #196 – Law Journals

Legal news: Employment update

Mark Kaye rounds up recent case law and developments affecting employers and their advisers ‘The employment tribunal dismissed the claim because the comments made to Mr Evans were very much part of the office culture, in which teasing was prevalent.’ Harassment or ‘banter’ – where to draw the line Section 26 of the Equality Act …

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The year ahead: What to expect in 2019

Stefan Martin and Jo Broadbent outline the key developments that employers and their advisers should prepare for in the next 12 months ‘Several important cases are expected to reach the Court of Appeal and Supreme Court in the coming months, and we expect the government’s response to the Women and Equalities Committee’s Sexual harassment in …

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Sexual harassment: The future of gagging clauses

Shah Qureshi and Natalie Taylor discuss how employers can use non-disclosure agreements to settle workplace disputes while avoiding unethical behaviour ‘Settlement agreements with confidentiality clauses enable employers to keep the issues “in house” and to investigate the allegations fairly without any public pressure.’ In the wake of the recent sexual harassment allegations which have been …

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Protected disclosures: Directors personally liable for £2m whistleblowing award

Christopher Fisher and Jennifer Watts assess the impact of the Court of Appeal’s ruling in Timis v Osipov and examine what employers should do now ‘It is clear that, in whistleblower dismissal cases, claimants will be well advised to plead their claims against both the employer and any individual employee responsible for a dismissal decision …

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Executive pay: How to prepare for the CEO pay ratio reporting requirements

Mirit Ehrenstein and Cara Hegarty explain how executive pay disclosure will work and what affected businesses need to do now to comply ‘One of the concerns about pay ratio disclosure is that it may not reflect reality and will lead to unfair comparisons between companies in different sectors and of different sizes.’ The government has …

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Data protection: Top tricky GDPR issues to tackle

Kirsti Laird and Connie Holden give advice on some of the most difficult issues that employers have been facing since the GDPR came into effect last May ‘The clear direction from both the legislature and the courts is that, rather than being incidental, personal data protection is a core element of the operation of any …

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Staff procedures: Create or update a disciplinary policy and procedure

In the second part of our series, Diane Nicol and Lesley Finlayson look at how to refresh an organisation’s disciplinary procedure in light of recent case law ‘While the Acas code is not legally binding, employment tribunals are obliged to take any provisions relevant to the case into account in their decision-making.’ Disciplinary procedures often …

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