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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …
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Legal news: Employment update

Emma Malczewski rounds up recent developments affecting employers and their advisers Employers need to continue to be mindful of employee relations – situations can arise where employees move away from their existing union to a newer union with different objectives. Uber makes changes after Supreme Court ruling that its drivers are ‘workers’ Following Uber’s defeat …
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Coronavirus: Ruling on driver’s face mask objection reveals the road to a fair dismissal

David Jepps examines the first reported employment tribunal decision on whether a dismissal for refusing to wear a face mask was fair Kubilius underlines that employers are at liberty to make their own rules, within reason, and a breach of such rules entitles them to take disciplinary action. Employers and their advisers have been facing …
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Furlough: CJRS scheme extended again – current issues and priorities for employers

Lucy Lewis and Richard Moore discuss the implications of the decision to extend the furlough scheme to the end of September 2021, with employer contributions gradually increasing from July As lockdown restrictions ease, we can expect to see new debates about how the furlough scheme interacts with arrangements for schools and with the roll-out of …
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TUPE: The great divide – landmark rulings on splitting employees’ contracts on a transfer

Catrina Smith and Amanda Sanders review recent important TUPE decisions, including two that found an employee can transfer to multiple new contractors after a retendering exercise In the EAT’s view, there is no reason in principle why an employee may not hold two or more contracts with different employers at the same time following a …
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Confidentiality: Protecting sensitive business information in the virtual workplace

Joanna Chatterton and Ed Livingstone highlight the key steps which employers should take to safeguard trade secrets and confidential information in light of the increased risks that arise from prolonged working from home After termination of employment, employees continue to be subject to the implied duty to keep trade secrets confidential. Many office-based businesses will …
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Domestic abuse: A roadmap for supporting employees

Maria Strauss and Tabitha Juster explain how to develop a strategy and policy to tackle domestic abuse The government’s report emphasises the importance of implementing a domestic abuse policy in the workplace, as well as embedding support for victims of domestic abuse into wider organisational frameworks. There has been an increased focus on gender-based violence …
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Immigration: A guide to your post-Brexit options

Elaine McIlroy outlines some of the less familiar and cheaper alternatives to sponsoring migrant workers under the skilled worker route The frontier worker permit has not been as widely publicised as the EU settlement scheme and yet it presents an opportunity for eligible EEA and Swiss employees to protect their right to work. The last …
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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers To establish a defence under the Equality Act, employers have to show that they have taken all reasonable steps to prevent employees from committing acts of discrimination or harassment. Agency workers not entitled to apply for vacancies, just to be told about them Under …
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Employment status: Supreme Court reframes the approach for determining worker status in Uber case

Alan Lewis highlights the key points to come out of the Supreme Court’s long-awaited decision in Uber In the Supreme Court’s view, it would be inconsistent with the purpose of the legislation to treat the terms of a written contract as the starting point to decide whether an individual falls within the definition of a …
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