Employment and Company & Commercial Law Updates
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The Appeal tribunal has given guidance for employers when working out if a medical condition will last long-term into the future and is, therefore, a disability. In short, it says to ask whether it “could well happen”. As guidance goes, it’s not great but it’s what there is.
Sherbornes Complaints Procedure
Employers will be familiar that employees on long term sickness absence have the right to carry over some of their untaken holiday into the next holiday year. The ECJ has now said that there are circumstances where employees who have not been off sick and have been at work all year could also be entitled to carry over untaken holiday. Read More
This morning, I had the good fortune to hear an interview on the radio with the National Guardian for the NHS, Henrietta Hughes. She was there to talk about her role, which involves ensuring that NHS staff feel free to expose wrongdoing, and she is concerned that gagging orders within Settlement Agreements are destroying the confidence people have to blow the whistle if necessary. Read More
Are employers now off the hook for national minimum wage arrears owed to their sleep-in workers?
We have received a number of enquiries recently about the meaning of the ‘Mencap’ judgment back in July 2017 and whether this means that those businesses employing sleep-in workers can now forget about the need to pay these workers the National Minimum Wage. Read More
Sherbornes Solicitors, the Cheltenham based Business Law specialists have strengthened their team with the appointment of William Stebbings as Head of the Commercial Department and GDPR Champion. William has over 30 years’ experience of Commercial Law having advised the boards at household name companies such as Spirax Sarco and Bulmers as in-house counsel. Read More
A sober reminder to employers was released this week about the risks when an employee hands in their notice in a vague way. The bottom line is that if the notice is in any way ambiguous, or uncertain, then it may not be notice at all.
In an Appeal Tribunal ruling, a security company supplying security guards on temporary assignments has been judged to be an Employment Agency and therefore subject to the Agency Worker Regulations. Read More
It is likely that you will have seen or heard that the Government published guidance on how to prepare for a no deal Brexit.
With a large amount of employment law stemming from Europe, what rights will remain and what will change with Brexit is a concern for many businesses Read More
For many businesses, the journey to become “GDPR compliant” which they embarked upon earlier in the year meant that many – but by no means all – businesses will have assessed what personal data they hold and policies will have been put in place. But have you thought of the need to use that data to do your risk assessments as recommended by the Information Commissioner’s Office. You know what personal data you hold about your customers, employees, contractors and suppliers and you hopefully have worked out the legal basis for holding that data. Read More