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Jane Hannon rounds up recent case law and developments affecting employers and their advisers ‘The government’s proposals include ensuring any suggestion of a payment for service emphasises that it is discretionary for the consumer.’ BIS consults on tipping and service charges The Department for Business, Innovation and Skills has launched a consultation on tipping, gratuities, …
Continue reading "Legal News: Employment updates"
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One year on from the introduction of shared parental leave, Eleanor Porter and Rebecca Harding-Hill look at levels of uptake and some of the challenges posed by the scheme ‘The availability of enhanced pay and the duration for which it was payable were major determinative factors in whether or not employees would take up shared …
Continue reading "Shared Parental Leave: Taking baby steps"
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Richard Kenyon and Olivia Baxendale consider how domestic employment law might change if the UK votes to leave the EU ‘What is likely to happen is a gradual chipping away at certain employment rights once the government has decided what to keep and what to discard.’ On 23 June 2016, we will have to answer …
Continue reading "EU Referendum: Should we stay or should we go?"
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Major changes to the UK’s strike laws could see employers and unions using a range of new tactics in disputes, reports Christopher Mordue ‘These new ballot rules will undoubtedly make it harder for trade unions to secure valid mandates for industrial action, especially in national public sector ballots.’The Trade Union Act, which received Royal Assent …
Continue reading "Trade Union Act: Striking the right balance?"
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Jo Broadbent and Sarah Parkin round up recent case law and developments affecting employers and their advisers ‘The public interest test introduced in 2013 may not in practice make it significantly more difficult for employees to pursue whistleblowing claims based on complaints about their individual treatment.’ Payment for covenant did not make it enforceable In …
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The EAT is at odds with HMRC over whether women on maternity leave should continue to receive childcare vouchers, explain Connie Cliff and Liz Wood ‘The EAT held that where childcare vouchers are paid as part of a salary sacrifice scheme, they form part of an employee’s remuneration. The fact that the tax legislation deems …
Continue reading "Childcare Vouchers: Taxman is wrong, rules EAT"
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Phil Allen looks at a recent EAT case on when disciplinary action over an employee’s religious discussion can be lawful ‘The protection of religion or belief cannot enable someone to express their belief in any way they like without risk of action, as such conduct can be discrimination and harassment of others.’Some employees will feel …
Continue reading "Religion And Belief: Not good to talk"
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Tabitha Georghiou and Matthew Ramsey examine the impact of two cases on the existing tests to establish employers’ liability for acts committed by employees or other individuals ‘It is hard to avoid the conclusion that the courts have preferred to use relatively loose language to describe the test for vicarious liability so that they can …
Continue reading "Vicarious Liability: A modern theory?"
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A Court of Appeal ruling highlights the difficulties employers face in asserting absolute discretion over commission or bonus awards. Stephen Ravenscroft and Jo Bennett report ‘Mr Hills argued that Niksun had not discharged the burden of proof as it had not offered any evidence from the main decision maker to establish that it had acted …
Continue reading "Commission Payments: Making sure everyone gets their fair share"
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Richard Berry discusses the main considerations for employers dealing with cases of off-duty misconduct that have a criminal element ‘One aspect of the law which can be useful for employers is that they do not necessarily have to rely on “conduct” as the statutory reason for dismissal, particularly if there is insufficient evidence to establish …
Continue reading "Termination Of Employment: When disciplinary proceedings and the criminal law collide"
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