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Kirsti Laird and Josie MacLeod explain what your policy should contain to minimise the risk of staff breaching data subjects’ rights ‘While there is no express requirement to have a data protection policy, an employer can use this as evidence that it is taking its data protection obligations seriously and to demonstrate compliance with the …
Continue reading "Staff procedures: Create or update a data protection policy for employees"
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Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘The Court of Appeal confirmed that someone can be discriminated against because they are perceived to have a disability, even if they do not.’ Rejecting transfer request was perceived disability discrimination The Court of Appeal considered perceived disability discrimination for …
Continue reading "Legal news: Employment update"
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Clare Gregory examines the proposed reform of SSP, the right to request workplace modifications and a new labour market enforcement body ‘The consultation recognises that the SSP system is inflexible and does not reflect modern working practices such as the increase in part-time work.’ In a flurry of activity in the final days of Theresa …
Continue reading "Consultations: Measures proposed to reduce job loss due to ill health"
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Charles Wynn-Evans analyses recent case law on the thorny issue of when an employer is considered to have knowledge of an employee’s disability ‘While the employer’s knowledge is only one aspect of a disability discrimination claim, it is clear from these decisions that an employer cannot simply neglect consideration of whether an employee is disabled …
Continue reading "Disability discrimination: When ignorance may not be bliss"
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The Supreme Court has adopted a more liberal approach to severing words from a non-compete clause to make it enforceable, reports Claire Darbourne ‘In some cases, it may be possible for courts to sever unlawful words or provisions from the rest of a restrictive covenant to create an enforceable restriction (the ‘blue pencil’ test).’ On …
Continue reading "Restrictive covenants: Court cuts employers some slack on severance rules"
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Karen Baxter and Tom Heys explore the legal and practical issues around employing people with neurodivergent conditions and how employers can develop a more neurodiverse workforce ‘When addressing the duty of reasonable adjustment in this context, there is no one-size-fits-all approach. Employers should tailor practices and techniques for learning, communicating and working to the individual …
Continue reading "Diversity: Neurodiversity and the workplace"
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Joanna Chatterton and Jessica Ambrose discuss transgender discrimination and give practical guidance for employers to minimise their legal risks and promote an inclusive culture ‘Employers must recognise that a lack of complaints or reports being made about discrimination or harassment against trans people cannot be interpreted to mean that the workplace is free from discrimination …
Continue reading "Gender reassignment: How to support trans people in the workplace"
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Katherine Pope rounds up the latest case law and developments affecting employers and their advisers ‘The EAT made clear that a finding of a one-off act of discrimination does not mean that an associated injury-to-feelings award must fall within the lowest Vento band.’ Employee was fairly dismissed for proselytising To what extent can an employee …
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Mike Hibberd looks at the lessons from an appeal court ruling on agreeing changes in terms and conditions directly with employees if negotiations with the recognised trade union break down ‘The Court of Appeal’s decision clarifies that an unlawful inducement requires an element of permanence in the employer’s intention to remove collective bargaining of the …
Continue reading "Unlawful inducements: Can an employer bypass a trade union when changing terms?"
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Recent cases on calculating holiday pay and recording workers’ hours show that it remains tricky for employers to understand and comply with their working time obligations, reports Ben Daniel ‘The development of a cogent set of principles for the calculation of holiday pay has been a long and winding road.’ Working time, and in particular …
Continue reading "Working Time Regulations: Holidays and working hours – the debate continues"
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