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Navi Atwal rounds up developments affecting employers and their advisers When considering whether it is just and equitable to extend tribunal time limits, the starting point is the words of the statute, which confer a wide discretion on the tribunal. Covid special leave policy held not discriminatory by the EAT We continue to see decisions …
Continue reading "Legal news: Employment update"
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Robert Maddox examines the issues employers need to think about when staff members ask to work remotely from abroad The key areas for an employer to consider when it receives a request to work from abroad for a longer period are tax and social security payments, immigration, employment law jurisdiction and data privacy and protection. …
Continue reading "Hybrid working: Working overseas – plain sailing?"
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Gareth Edwards explores the implications of a recent Supreme Court case in which a former hospice boss who faked his qualifications and experience was ordered to pay nearly £100,000 to the Crown If an employer suspects or discovers that an employee has obtained employment by committing CV fraud, normal criminal, civil and employment law principles …
Continue reading "Recruitment: Financial penalties for CV fraud"
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John Bracken analyses three cases which highlight some of the perils employers face when making management decisions about older members of their workforce Whether employers are making redundancy, promotion or more general day-to-day decisions, they should not disregard the risk of age discrimination simply because the employees concerned are of fairly similar ages. Age discrimination …
Continue reading "Age discrimination: Lessons from recent cases following six-fold surge in claims"
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As the Covid-19 adjusted process for right-to-work checks ends, Samar Shams explains which checking processes employers need to use now for UK and non-UK nationals If an employer conducts a right-to-work check in the manner dictated by the Home Office, it can establish a statutory excuse against being liable for a penalty should it be …
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Following on from her article last month on Harpur Trust v Brazel, Joanne Moseley reviews the impact that other key cases have had on how much holiday pay workers are entitled to receive Since workers must not be discouraged from taking leave, the pay they receive while absent must generally correspond to what they would …
Continue reading "Working Time Regulations: What is the correct way to calculate holiday pay?"
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Rachel Tozer looks at the issues employers need to work through to help them decide whether electronic staff surveillance is justified An employer needs to be careful about treating one group of employees (such as remote workers) differently to another group (such as office-based workers). Recent reports that the Cabinet Office hopes to persuade civil …
Continue reading "Privacy: Understand the legal pitfalls of monitoring remote employees"
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Sophie Rothwell concludes our series with a look at some of the optional clauses employers may wish to include in their contracts to reduce the risk of future employment disputes Where a contract contains both a garden leave clause and post-termination restrictions, employers and advisers should consider the length of the two together when assessing …
Continue reading "Demystifying employment contracts: Beyond the basics"
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Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to …
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Employers must revisit their holiday pay calculations for term-time-only workers and other staff who work for part of the year under permanent or continuous contracts, warns Joanne Moseley All workers have a fixed and universal right to 5.6 weeks’ holiday and employers can only adjust this when someone’s employment starts or ends part way through …
Continue reading "Working Time Regulations: Part-year workers get holiday pay bonanza"
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