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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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Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful ‘Courts may be willing to consider interventions by a secretary of state, who is not the employer, where they find this to be in the public interest.’ In The Secretary of State for Education v National …
Continue reading "Industrial Action: Government may challenge strike’s validity"
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Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’ Under s7 of the Data Protection …
Continue reading "Data Protection: Show and tell"
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A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …
Continue reading "Post-Termination Restrictions: Winning damages in One Step"
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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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The wording of an employer’s policy meant it was merely obliged to provide PHI, not to ensure the employee actually received payments, write Helen Roberts and Rebecca Harding-Hill ‘The decision does reflect the reality of the circumstances where employees are denied benefit because they were ill and claiming under the employer’s existing scheme when a …
Continue reading "Age Discrimination: Taking it literally"
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