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Mark Tanner asks where the dividing line is between workplace banter and offensive comments that are a disciplinary matter ‘It is up to employers and the courts and tribunals to decide whether humour crosses the line into offensive behaviour, discrimination or harassment, not for them to stamp out all forms of banter.’ When TV presenter …
Continue reading "Sexual harassment: Whose humour is it anyway?"
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Mark Levine and Laura Ford consider whether the tribunals are becoming more willing to accept claims that an employee’s beliefs have been infringed ‘The initial cases decided under the Regulations were relatively unsurprising and the beliefs put forward seem to have largely been judged by comparison to religions and religious beliefs.’ In 2003 the Employment …
Continue reading "Philosophical Belief: Do you believe in fairies?"
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Old mistakes made when disciplining employees can come back to bite employers if they later decide to dismiss, caution Nicholas Robertson and Karen Stewart ‘Employers looking to dismiss may try to do so on the basis that the last example of misconduct is sufficient to justify dismissal, and that it is worthy of dismissal when …
Continue reading "Disciplinary Procedures: You have been warned"
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James Humphery analyses a recent ruling on whether it was fair to dismiss an employee in the mistaken belief that she was working illegally ‘It will be dangerous for an employer to adopt the simple practice of erring on the side of caution by dismissing employees whose immigration status appears unclear. This might be to …
Continue reading "Immigration Status: No green light to dismiss"
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Sarah Dunkley examines the legal pitfalls that employers face when taking on new staff ‘Section 39 of the Equality Act 2010 (the Act) prohibits employers from discriminating against a person in the arrangements it makes for deciding who to offer employment to and the terms of that employment.’ Employment lawyers often focus on developments and …
Continue reading "Recruitment: In the hiring line"
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Nicola Ihnatowicz discusses whether public service employees’ pay and conditions will deteriorate following the removal of guidelines on central and local government outsourcing ‘Does the abolition of the Two-Tier Code represent a nail in the coffin of public services or is this a step towards David Cameron’s ‘Big Society’, with small businesses and charities set …
Continue reading "Public Sector Transfers: Abolition of the Two-Tier Code"
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New HMRC rules could be used by employers as a negotiating tool when making payments to departing executives, reports Ann Casey ‘Employers may now find that it is simpler to make a taxable termination payment before issuing the P45 (especially if there are share-related payments as well).’ On 6 April 2011, the Income Tax (Pay …
Continue reading "Tax: PAYE changes to termination payments"
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In OTG v Barke, the EAT has clarified the application of TUPE to pre-pack administrations, as Suzanne Horne explains ‘The Employment Appeal Tribunal has now held that TUPE does apply to pre-pack sales because it applies to all administrations.’ Any lawyer who has ever advised on the employment law aspects of a pre-packaged sale in …
Continue reading "TUPE: From a question of fact to an absolute rule"
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Marc Jones and Mandeep Kalsi investigate the increasing use of the PHA in workplace bullying claims ‘To establish a harassment claim under the PHA, the claimant must show a “course of conduct”. However, under the Equality Act, an isolated incident will be deemed sufficient.’ The Equality Act 2010 provides a mechanism for employees to pursue …
Continue reading "Protection From Harassment Act: An alternative route for claimants"
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Charles Wynn-Evans reports on some recent decisions that demonstrate the need for care in drawing up explicit bonus provisions The Court of Appeal decision in Commerzbank Ag v Keen [2006] made it more difficult to challenge employers’ power to award discretionary bonuses. It was held in that decision that to argue successfully that a discretionary …
Continue reading "Bonuses: Be careful what you draft for"
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