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Joanna Chatterton and Ed Livingstone discuss developments in sexual orientation discrimination law and key practical steps to minimise the associated risks after research shows significant under-reporting of assault and other harassment ‘It is important to engender a culture in which all staff feel able to report harassment of all kinds.’ In May 2019, the TUC …
Continue reading "Sexual orientation: Addressing hidden LGBT discrimination following new research and cases"
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Laura Morrison and George Fellows outline how to respond to case law that highlights the perils of failing to manage mental health issues effectively ‘Employers should seek occupational health advice when an employee says that they have a mental health condition and engage with the individual to alleviate any disadvantage caused by their condition.’ Most …
Continue reading "Workplace stress: Why mental health should be top of employers’ agendas"
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Clodagh Hogan and Shannett Thompson consider the lessons from two recent cases in which employees being disciplined were also subject to scrutiny by outside bodies ‘The EAT agreed that it had not been unfair for the bank to rely on the tribunal’s credibility findings against the claimant without carrying out further investigation before the disciplinary …
Continue reading "Misconduct: Managing disciplinary procedures in tandem with external processes"
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Anna Scott and Nicola Ihnatowicz explore what a family leave policy should contain in light of recent cases on shared parental leave and the forthcoming right to parental bereavement leave ‘Employees are protected from suffering detriment or dismissal for exercising their right to take family leave.’ Employees have the right to several types of family …
Continue reading "Staff procedures: Create or update an effective family leave policy"
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Claire Osborne and Helen Almond consider whether a recent decision could open the floodgates to discrimination claims based on a worker’s political beliefs ‘The decision does appear to open the door to claims being brought on the basis of similarly held political beliefs. The most obvious example is a belief in Brexit, which, it could …
Continue reading "Religion or belief: Belief in Scottish independence can be a philosophical belief"
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Declan Bradley explains how to reduce the legal and financial risks of using agency workers in light of the abolition of the Swedish derogation and a recent ruling on a hirer’s liabilities to underpaid agency staff ‘The Taylor Review of Modern Working Practices made a number of recommendations affecting agency workers. It identified significant abuse …
Continue reading "Agency workers: Is hirer liability on the increase?"
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Charles Wynn-Evans outlines some recent cases about the employment tribunal’s jurisdiction to hear claims brought by those working overseas ‘The tribunal should consider the particular facts of each case as a whole to determine whether there is a stronger connection with Great Britain than the country where the individual works, such that the tribunal should …
Continue reading "Overseas workers: Not bringing it all back home"
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Ahead of the reform of IR35, two recent decisions have highlighted problems with HMRC’s online tool for determining whether someone should be taxed as a worker or employee. Louise Mason reports ‘The determining factor in both cases was the manner in which the individuals had conducted their career generally, an issue not currently addressed by …
Continue reading "Employment status: IR35 – tax tribunal broadcasts welcome message for TV presenters"
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With whistleblower protection being strengthened in the EU and beyond, Amanda Sanders looks at the key requirements that international employers need to meet in different jurisdictions ‘Most whistleblowing legislation provides that, as long as the person qualifies for protection, an employer cannot subject them to disciplinary sanctions, detriment, discrimination or dismissal as a result of …
Continue reading "Public disclosure: A global comparison of whistleblowing laws"
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Michelle Last continues our series with advice on drawing up a policy to manage leave requests if there is no statutory right to time off – for example if the employee is undergoing gender reassignment or elective surgery ‘If an employer treats an employee less favourably in relation to absence for gender reassignment than it …
Continue reading "Staff procedures: Create or update a special leave policy"
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