This category can only be viewed by members.
Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …
Continue reading "Covert Recordings: What’s the secret?"
This post is only available to members.
Colin Leckey analyses the potential impact of the claim for six years’ back pay launched by 400 female supermarket workers alleging gender discrimination ‘Pay rates for certain jobs taken mainly by women are depressed because of a conscious or subconscious perception, often longstanding, that they are “women’s work”.’ Equal pay claims have been a feature …
Continue reading "Equal Pay: What is the ‘Asda price’?"
This post is only available to members.
Mark Kaye discusses a recent EAT decision on the dismissal of an employee who continued to take sickness absence after her maternity leave ended ‘The EAT found that although she had been treated unfavourably because of an illness which was related to her pregnancy, such treatment took place outside the protected period.’ It is not …
Continue reading "Sex Discrimination: No protection for post-natal depression"
This post is only available to members.
David von Hagen and Louise Lawrence offer advice on how to avoid problems with social media ‘Legal advisers should ensure employers have an effective social media policy. This needs to set out clearly, with examples, what behaviour outside work they consider is and is not acceptable, to ensure their reputation is protected.’ We like to …
Continue reading "Social Media: Confidential – read all about it"
This post is only available to members.
The growing popularity of electronic cigarettes means that employers need to draw up a policy on their use at work, advises Siobhan Atkin ‘Using e-cigarettes in the workplace is not prohibited and employers do not have to ban – or indeed permit – their use. They must therefore decide what approach best fits with the …
Continue reading "Health And Safety: E-cigarettes – smoking out the issues"
This post is only available to members.
Jasmine Shergill summarises employers’ duties to check prospective employees’ right to work in the UK and to do so without discriminating against them ‘Assessing a prospective worker’s eligibility for employment, including the type of work they can do and the amount of hours they can work, depends on their immigration status.’ On 14 May, the …
Continue reading "Immigration Law: New codes of practice issued on illegal working"
This post is only available to members.
Nick Dent and Ruth Bonino examine the issues raised by the forthcoming changes to the right to request to work flexibly ‘The real risk to employers lies not in the sanctions available under the flexible working regime but in discrimination law and constructive dismissal claims.’ From 30 June 2014, the right to request to work …
Continue reading "Flexible Working: The new regime"
This post is only available to members.
Sharon Tan and Paul McGrath weigh up the impact of the abolition of the statutory discrimination questionnaire regime and the introduction of new non-statutory Acas guidance ‘Prospective responders should not see the abolition of the statutory regime as a “green light” to ignore questions or information requests.’ The statutory questionnaire procedure has been a familiar …
Continue reading "Discrimination Questionnaires: Gone but not forgotten?"
This post is only available to members.
What is the practical impact of January’s changes to TUPE, asks Jeffrey Jupp ‘To avoid a service provision change transfer, the activity which forms the service after the transfer must not be fundamentally the same as that before the transfer.’ It is three months since the majority of the changes to the legislation protecting employees’ …
Continue reading "TUPE: Where are we now?"
This post is only available to members.
Julian Yew and Charlotte Logan discuss employees’ rights in a surrogacy situation ‘The ECJ held that a mother who has had a baby through a surrogate cannot, by definition, be subject to less favourable treatment related to her pregnancy, given that she has not been pregnant with that baby.’ The statutory rights of employees who …
Continue reading "Maternity Rights: Surrogacy – the European and UK position"
This post is only available to members.
