June 2018 #191 – Law Journals

Legal news: Employment update

Jo Broadbent and Anvita Sharma round up recent case law and developments affecting employers and their advisers ‘The court had to consider whether the employees had accepted a variation to their rights by continuing to work without protest after the council imposed the pay freeze.’ Silence was not agreement to changed terms An employer sometimes …

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Employment contracts: When does notice of dismissal start to run?

A recent case has highlighted the significant financial consequences that can arise if it is not clear when an employee’s notice begins, report Phil Allen and Louise Singh ‘In the absence of an express term, if an employer chooses to dismiss in writing and by post, the date that notice starts to run can only …

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Shared parental leave: Failure to enhance and discrimination: uncertainty reigns

Rebecca McGuirk and Anna Scott consider the second ruling in less than a month on whether enhancing maternity pay but not shared parental leave (SPL) pay constitutes sex discrimination against men ‘If enhanced pay continues beyond the ordinary maternity leave period into additional maternity leave, it is arguable that the purpose of the additional leave …

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References: New High Court guidance on giving a negative opinion about former employees

Fudia Smartt and Daniel Stander give advice on how to write a reference in light of a recent High Court ruling on employers’ duty to be fair and not to mislead ‘The parties disagreed about the nature of the duty on a referee whose reference goes beyond statements of fact and includes negative opinions formed …

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Human rights: How to tackle modern slavery in the supply chain

With the government and businesses under pressure to do more to combat modern slavery, Will Winch, Nina O’Sullivan and Dana Kamranova look at how employers can take effective action to stamp out labour exploitation ‘The government wants businesses of all sizes to be transparent about their recruitment practices, policies and procedures in relation to modern …

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Practice tips: Crucial competencies for in-house employment lawyers

Kirstie Allison offers a personal perspective on working in house and some suggestions on how to perform the role effectively ‘Managing workload successfully and making efficient use of the business’s resources are essential skills for in-house employment lawyers.’ The role of an in-house employment law specialist is a multi-faceted and challenging one, but performing it …

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Awards for damages: One Step could not side-step usual contract breach principles

Wrotham Park damages are unavailable in most employment cases even if it is difficult to quantify the losses from an employee’s contractual breach, write Emma Bartlett and Emma Humphreys ‘In Morris-Garner, while the company’s losses were difficult to quantify, these consisted of loss of profits and goodwill and could be assessed in the conventional manner.’ …

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