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Natasha Adom gives her top five tips for how in-house lawyers can improve their company’s chances of success in court or at the employment tribunal ‘It is crucial that everyone concerned understands the importance of investing time early on in recalling the relevant details and locating the necessary documents to ensure the company presents a …
Continue reading "Litigation: How to win an employment case"
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Aarti Jagpal considers the legal and practical issues faced by employers investigating allegations of internal fraud ‘As long as the interception has a genuine aim, goes no further than is needed and ultimately balances the rights of the employer against the rights of the worker, it can be justified.’Fraud poses a substantial threat to businesses …
Continue reading "Workplace Investigations: Fraud focus"
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Helen Hall examines a recent European Court of Human Rights ruling on whether it was lawful for an employer to access a worker’s personal correspondence ‘To avoid liabilities, employers must, as a minimum, have comprehensive, bespoke internet policies in place, clearly setting out employees’ rights and obligations, how monitoring is conducted and how data is …
Continue reading "Employee Monitoring: No green light to read employees’ private messages"
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Christopher Mordue analyses the impact for UK employers of the ECJ’s decision in Rivera ‘Employers seeking to force changes to terms and conditions cannot escape from a duty to collectively consult simply by breaching the employee’s contract.’ Constructive dismissals can be ‘collective redundancies’, requiring prior consultation with union or employee representatives before the employee resigns. …
Continue reading "Constructive Dismissal: How a resignation can trigger collective redundancy rules"
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It was not reasonable to expect an employer to make adjustments to its absence management policy to remove disadvantage to a disabled employee, reports Jo Broadbent ‘The duty to make reasonable adjustments was found to apply to trigger points in absence management procedures.’ Absence management policies often contain a so-called ‘trigger point’. This usually means …
Continue reading "Disability Discrimination: Do not adjust your sickness policy"
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Charlie Rae reviews a recent case on whether an employer’s instruction to an employee not to speak her native language at work was unlawful ‘To be lawful, any obligation to speak English would need to be proportionate. It will, for example, be difficult to demonstrate that requiring English to be spoken in personal conversations during …
Continue reading "Race Discrimination: What can I say?"
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Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …
Continue reading "The Year Ahead: Ten predictions for 2016"
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Louise Benski and Richard Kenyon examine the trend towards state enforcement of employment law rights, including the proposals to tackle abuse of vulnerable workers ‘Enforcement officers report that over the last decade serious and organised crime gangs have been infiltrating legitimate labour supply chains across a number of sectors, and that the incidence of forced …
Continue reading "Labour Market Exploitation: Crime and punishment"
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Following two recent EAT cases, employers face the renewed prospect of workers receiving whistleblowing protection for disclosing breaches of their own employment contract, warns Sarah Ozanne ‘It is noteworthy that the legislation does not define public interest. Nor does it require that the disclosure be in the public interest, just that the worker has a …
Continue reading "Whistleblowing: What does ‘in the public interest’ mean?"
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Joanna Chatterton and Peter Wright outline new requirements making senior managers in banking and insurance firms more accountable for their decisions ‘A new certification regime will effectively transfer responsibility for assessing employees’ fitness and propriety from the regulators to employers and will be accompanied by a revised set of conduct rules.’ Financial institutions and insurance …
Continue reading "Financial Sector: Getting ready for the Senior Managers Regime"
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