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Holiday Pay: Pack your cases

Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman ‘There have been a number of cases in the past few years which are helping to inform our understanding of holiday pay.’ Although holiday pay forms a relatively low percentage of a worker’s overall …
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Whistleblowing: Dual personality for agency workers

Agency staff can be both employees and workers at the same time for the purposes of the whistleblowing legislation, writes Christopher Tutton ‘The decision came as a surprise to some commentators, because it confirms that an agency worker can simultaneously be both an employee (of the agency) and a worker (for the end user).’ On …
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Overseas Workers: Sue and be sued

Jo Broadbent examines two recent decisions on whether the UK courts had jurisdiction to hear claims involving employees based abroad ‘Since Ravat, it has been clear that an expatriate employee must have an especially strong connection with Great Britain and British employment law before an employment tribunal will have jurisdiction to hear their statutory employment …
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TUPE: Testing the boundaries

Charles Wynn-Evans reviews some recent TUPE developments ‘If what ensues is a “hard” Brexit, the UK would not need to maintain any transfer of undertakings legislation, creating scope to reform TUPE.’There has been much speculation about the fate of the UK’s employment legislation following the EU referendum – and that speculation naturally extends to the …
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Retail: Prepare now for enhanced Sunday working rights

Shop workers who wish to opt out of working on Sundays are to get stronger legal protection, explains Connie Cliff ‘The changes to Sunday working rights are likely to cause a significant administrative headache for some retail employers.’Back in March, government plans to give local authorities the power to alter Sunday trading rules were defeated …
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Restrictive Covenants: Poaching without pain

Charlie Barnes considers ways for employers to circumvent non-compete covenants when recruiting employees from a rival business ‘Restrictive covenants tend to prevent the employee, for a certain period of time, from working for a competitor, soliciting or dealing with clients or poaching key personnel from their existing employer. However, these covenants must be no longer …
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Legal News: Employment update

Clare Gregory rounds up recent case law and developments affecting employers and their advisers Changes to taxation of termination payments are confirmed ‘The government proposes changing tax legislation so that where a benefit in kind is provided through salary sacrifice, it will be chargeable to tax and employer NICs at the greater of the amount …
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Public Sector: Workers required to speak fluent English

Public authorities need to update their employment policies and procedures in light of a new requirement for their customer-facing workers to be proficient in English, explain Gemma Cawthray and Charlotte Williams ‘The government’s aim is for the code to be simple and common sense, rather than creating more red tape in the recruitment of public …
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Disability Discrimination: Lessons from recent case law

After two decades, the law on disability discrimination continues to pose challenges for employers and their advisers, reflects Antonia Blackwell ‘One of the key considerations for an employer when managing a disabled employee is whether it can make any reasonable adjustments to enable the employee to return to work in their original role or any …
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Equal Pay: Asda barred from forum shopping

The Court of Appeal has confirmed that a complex class action should be heard in the employment tribunal rather than the High Court, reports Christopher Tutton ‘The claimants, who are overwhelmingly (though not exclusively) female, work in hourly-paid jobs in the retail giant’s stores. They are claiming their jobs are of equal value to those …
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