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A recent case has highlighted the effectiveness of express provisions in protecting confidential documents retained by departing employees to use in subsequent litigation. Innes Clark reports It is essential that employers include a confidential information clause in their contracts, which should be properly drafted to meet the particular needs of the business. The change from …
Continue reading "Confidential information: Possession is not nine tenths of the law"
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David Jepps considers the implications for employers of the scrapping of self-isolation rules and free Covid testing The way forward for many employers will be to strike a balance between discouraging the spread of Covid in the workplace and efficiently running a business. On 24 February 2022, all self-isolation requirements in England ended. In announcing …
Continue reading "Covid-19: Has the serious and imminent danger from the pandemic passed?"
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Following publication of the government’s ‘levelling up’ strategy, Rob Lewis, Becca Jones and Cat Maguire look at employers’ role in opening up professional jobs to people from all backgrounds As things stand, there is little in English law which promotes social mobility and there is no protection for people who suffer discrimination related to their …
Continue reading "Diversity and inclusion: Encouraging social mobility in the workplace"
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In light of recent bad publicity engulfing Channel 4 and BNP Paribas, Michelle Chance, Mark Rose and Alfie Bright give their tips for dealing with sex discrimination and pay inequality Employers should regularly review whether disparate outcomes occur at various stages of the HR process which may be due to employees’ or candidates’ protected characteristics. …
Continue reading "Sex discrimination: Going beyond the rhetoric"
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In the first part of a new series, Nick Hawkins explains the key legal principles that govern contracts of employment A term might be implied if it is the usual custom and practice to include such a term in contracts of that particular kind. This might be the case if a term is regularly adopted …
Continue reading "Demystifying employment contracts: Understand the essentials"
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Lesley Finlayson rounds up the latest developments affecting employers and their advisers Employers should only discuss retirement plans with employees when they have a clear and proportionate legitimate aim such as succession planning. Enquiring about retirement plans alongside grievance management was discriminatory In Tapping v Ministry of Defence [2021], a civil servant has won an …
Continue reading "Legal news: Employment update"
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Richard Fox considers how employers might respond to the end of the isolation rules Many may now consider the safest course is to redraft their sickness policies, or even introduce specific new ‘infection policies’. The government made its long-awaited Freedom Day announcement on Monday 21 February 2022 and later the same day the Cabinet Office …
Continue reading "Coronavirus: Living with Covid – the implications for employers"
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Stephen Ratcliffe and Richard Cook discuss what the latest twist in the calculation of variable holiday pay means for employers and their advisers Misclassified workers who have taken their Euro leave but not been paid for it can now roll over all of this leave indefinitely. Holiday pay has generated complex case law for many …
Continue reading "Holiday pay: Plumbing the depths"
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Lee Harding and Thomas Twitchett assess the impact of the High Court’s decision to grant an injunction stopping Tesco from stripping employees of a benefit described as permanent Employers should not fetter their ability to negotiate different terms or withdraw terms altogether in the future and it would be prudent to include an express term …
Continue reading "Dismissal and re-engagement: Tesco barred from using fire and rehire – a revolution or evolution in the use of implied terms?"
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Joanna Hunt looks at the government’s plans for online checks of prospective employees’ permission to work Employers will need to familiarise themselves with the online right-to-work checking system and update recruitment and policy documents to make reference to it and the new processes. This April, the prevention of illegal working system is going to undergo …
Continue reading "Immigration: Key changes to right-to-work checks coming into force on 6 April 2022"
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