February 2019 #197 – Law Journals

Legal news: Employment update

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘If there is no evidence that the reasons for a policy are cogent and rational, a justification argument may fall at the first hurdle.’ Government to introduce code of practice on sexual harassment The Women and Equalities Select Committee published …

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Employment status: Identity crisis

Hannah Disselbeck and Richard Kenyon consider whether the government can restore faith in the test for who is an employee, worker or self-employed ‘The Good Work Plan has received a lukewarm reception. Prospect dubbed it the “not good enough work plan”, and commentators have observed that it offers little in the way of detailed proposals …

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Employment law reform: The Good Work Plan – government promises enhanced rights for workers

Claire Darbourne summarises the government’s proposals on ‘fair and decent work for all’, greater clarity for workers and more effective enforcement of employment rights ‘Central to the Taylor review recommendations was the desire for fair and decent work for all. With this aim in mind, several measures were proposed to address what the review identified …

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Disability discrimination: Reduced ill-health pension was not unfavourable treatment

Paying an ill-health retirement pension based on an employee’s part-time final salary did not amount to discrimination arising from disability, report Nicola Ihnatowicz and Anna Scott ‘It seems that the tribunals will have to consider the issue of a reasonable worker’s views on whether they have been disadvantaged when dealing with complaints of discrimination arising …

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Women on boards: Report highlights slow progress on senior female appointments

Large companies’ success in ensuring women hold at least a third of boardroom positions by 2020 has been patchy, writes Emma Bartlett ‘There is a bottleneck of women holding junior positions and a preponderance of men holding the senior roles.’ The Hampton-Alexander Review (the HAR) has set a target of 33% female representation on FTSE …

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Financial services: Are your staff fit and proper? Preparing for the extended SMCR

Christopher Hitchins and Emma Khoo look at the employment law implications of this year’s rollout of the Senior Managers and Certification Regime to smaller financial services firms ‘If a firm breaches one of the FCA’s rules, the Senior Manager responsible for that area could be held personally liable if they failed to take reasonable steps …

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Staff procedures: Create or update a flexible working policy

In the third part of our series, Tabitha Al-Mahdawie outlines how to refresh an organisation’s flexible working procedure ‘Forward-looking employers should regularly review their flexible working offerings to ensure they reflect the organisation’s values and business needs.’ Flexible working policies are not new but employers must regularly adapt them to suit their changing priorities. In …

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