This category can only be viewed by members.
Two EAT decisions have examined whether it can be fair to dismiss an employee for alleged conduct in their private life that could bring their employer into disrepute. Suresh Patel reports ‘When deciding whether a dismissal is fair, an employment tribunal is required to assess whether the sanction of dismissal involves a disproportionate and unjustified …
Continue reading "Unfair dismissal: Terminations for behaviour outside work"
This post is only available to members.
Joe Aiston, Joe Pengelly and Sean Nesbitt continue our series with some advice on reviewing your monitoring strategy in light of changing technology ‘Surveillance typically fans fears of a dystopian future, but this desire to improve understanding of how employees feel about work and increase their wellbeing signals a largely positive and welcome intention.’ The …
Continue reading "Staff procedures: Create or update an employee surveillance policy"
This post is only available to members.
Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘For an act to constitute a PCP, there must be some sense that it would inform how similar cases are generally treated or would be treated.’ One-off act not necessarily a PCP The courts and tribunals take a wide approach to …
Continue reading "Legal news: Employment update"
This post is only available to members.
Nikeeta Mahay rounds up recent case law and developments affecting employers and their advisers ‘The Employment Appeal Tribunal noted that in all cases the tribunal must have regard to an employee’s ECHR rights, irrespective of whether the employer is in the public or private sector.’ Human rights breaches are relevant in determining if a dismissal …
Continue reading "Legal news: Employment update"
This post is only available to members.
Naomi Jameson explains how employers can meet employment law, health and safety and immigration requirements if they are affected by the coronavirus outbreak ‘Employers have a statutory and common law duty to protect the health and safety of their workforce while at work. They therefore need to manage this situation in a way that protects …
Continue reading "Coronavirus: COVID-19 – key issues for employers"
This post is only available to members.
Gillian MacLellan, Molly Grace and Val Dougan consider how far employers should go to follow new recommendations on dealing with sexual harassment and harassment ‘For some employers, the guidance may simply seem a step too far and they will not be persuaded to implement it until it has a statutory basis.’ In January, the Equality …
Continue reading "Discrimination: EHRC launches guidance on preventing workplace harassment"
This post is only available to members.
Joanna Chatterton and Ed Livingstone discuss Samira Ahmed’s recent successful equal pay claim against the BBC and how employers can meet their legal obligations ‘The evidential burden of establishing either that there is no sex inequality in pay or that there is a material factor justifying a discrepancy is made all the more onerous by …
Continue reading "Equal pay: Ahmed v BBC – lessons for employers"
This post is only available to members.
David Yadid and Rachel Farr explore how the new right to time off for bereaved parents will operate and suggest what employers and their advisers should do now, particularly if they wish to go beyond the minimum legal requirements ‘It would be sensible for employers to draft bereavement or compassionate leave policies or to update …
Continue reading "Parental bereavement leave: New right is ‘a floor, not a ceiling’"
This post is only available to members.
Samar Shams reviews the government’s plans for a points-based immigration system once the UK fully withdraws from the EU ‘The proposed points-based visa could address the current lack of options for those wishing to set up in business in the UK, as the route would be likely to allow for self-employment as well as employed …
Continue reading "Brexit: How the UK’s immigration system will change when free movement ends"
This post is only available to members.
Jane Hannon, John Gollaglee and Poppy Williams continue our series with a look at how to address mental health and wellbeing issues in the workplace through effective policies ‘Employers are increasingly opting to use a standalone policy on mental health and stress in the workplace.’ Health and safety policies have not featured as a high …
Continue reading "Staff procedures: Create or update a health, safety and wellbeing policy"
This post is only available to members.
