Employment Law Updates
Limits to HR’s Role in Disciplinary Matters
Role of HR in disciplinary matters The EAT has handed down a case which serves as a useful reminder that it is the individual hearing a disciplinary, and only that individual, who should decide what action to take.  In Ramphal v Department for Transport, the Claimant argued that HR had...
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Employment Law Updates
Expanding discrimination: Employers beware
 Expanding discrimination: Employers beware  The European Court has handed down a judgment that is going to have a major impact on the concept of indirect discrimination in the UK, and reminds us all how small the world has become. To summarise, indirect discrimination is the concept of an employer applying...
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Employment Law Updates
All change for Businesses that sell to Consumers?
Does your business sell to consumers (i.e. those ordinary folk who buy goods, services or digital content for themselves and not behalf of the company that they work for)? If it does, then 01 October 2015 will see the coming into force of the new Consumer Rights Act 2015.  This...
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Employment Law Updates
Agency Workers And Job Vacancies
Those readers who use agency workers will be aware that those workers must have access to information about job vacancies within the organisation from day one of their assignment. The EAT has confirmed though that this does not equate to a right to apply for all posts or to receive...
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Unfair dismissal, and procedural defects in process
The Employment Appeal Tribunal ruled on the 25th June on a case where a dismissal occurred, with “serious procedural deficiencies” and found that in spite of the deficiencies in process, the dismissal was fair. The employer failed to follow the ACAS code and dismissed for reasons that were not part...
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Employment Law Updates
New ACAS Guidance on antenatal appointments
ACAS have been busy preparing new guides for employers, although basic in nature, they are well written and cover what you need to know. The two guides are at the following links: Guidance for dealing with ante-natal appointments: http://www.acas.org.uk/index.aspx?articleid=5343 Guidance for small employers on dealing with pay and wages: http://www.acas.org.uk/payguide...
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Further developments in Holiday Pay
Following developments earlier this year that mean employers must take into account compulsory overtime when calculating holiday pay, the Court of Appeal in Northern Ireland has extended this principle to voluntary overtime. The Court did not see fit to shed any light on how this should be calculated, or indeed...
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Working time and travelling to first job of day
PLEASE READ CAREFULLY. The Advocate General has published his opinion on whether time spent travelling to the first assignment or job of the day by workers who do not have a fixed static place of work, is working time for the purposes of calculating working time limits, and by extension,...
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Zero Hours contracts and exclusivity clauses
As of today, the 26th May 2015, exclusivity clauses in zero hours contracts have been banned.  This means that if you give people such contracts, you cannot stop them working elsewhere. The eagle eyed among you may feel that this is old news, as certain politicians had said it was...
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Court rules gay rights trump religious rights
While this case concerned the provision of goods and services, it is directly relevant to employment and employers should take note. We hope that none of our readers will be faced with a dilemma of this type, but the issue is fairly important for all of us as a society...
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