Employment Law Updates
Agency Workers and Whistleblowing Claims
In employment law, a whistleblowing claim is the general term for where employees claim that they have been treated to their detriment because they raised, or threatened to raise, a matter of public interest.  The damages are unlimited and such a claim can allow an employee with less than two...
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Employment Law Updates
The Muslim Veil and Religious Discrimination
    An opinion by the Advocate General issued this week has left the law in Europe in a state of disarray regarding the Muslim headscarf (Hijab) and religious discrimination. There have been numerous high profile cases on the subject of religious discrimination of which the Sun readers amongst you...
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Employment Law Updates
Whistleblowing and Employers Knowledge
A dismissing manager does not need to know that an employee has made a protected disclosure for the dismissal to be automatically unfair, where the dismissing manager was mislead by senior staff about the real reason. The employee in this case raised breaches in regulations and because of this was...
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Employment Law Updates
Compliance – The Boring but Very Important Stuff!
The four areas of compliance you really need to know about. Limited contracts, contracts and PAYE Employment Law – overview by Darren Sherbornes from Sherbornes Solicitors Environmental, Health and Safety Security & Risk Management Date: Tuesday 28th June | Time: 11.30am – 2.30pm (working lunch with refreshments provided) Venue: Gloucester...
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Employment Law Updates
MODERN SLAVERY ACT 2015
Many of you will already be aware that there is a new requirement to take steps (including a policy and annual compliance) as to how businesses assess the risk of and reduce or eliminate modern slavery and human trafficking (MODERN SLAVERY ACT 2015). As a headline, it may appear as if...
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Employment Law Updates
Discrimination, Indirect on the grounds of religion
A curious decision by the Appeal Tribunal who overturned the Employment Tribunal’s decision that a teacher was not discriminated against on the grounds of her religion.  This case reminds us all how indirect discrimination can be present in the most surprising of places. The facts are that a head teacher...
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Employment Law Updates
High heels and sexism at work
The headlines may have caught your eye in relation to the employee sent home for wearing high heels. So what is the legal position for employers? A sensible dress code imposed by employers is reasonable and to a certain extent can be sex specific. For example, you might require men...
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Employment Law Updates
Unfair dismissal and constructive dismissal
It has long been good law that someone who resigns when they fail to negotiate a good enough deal for their departure cannot succeed in a constructive unfair dismissal case.  This is because such a reason for resignation cannot repudiate the contract. This has lead in the past to practitioners...
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Employment Law Updates
National Living Wage including warning to the unwary employer
Few could have missed the introduction of this today. The new rate for workers of 25 years or older is £7.20. Workers 24 years or less still qualify for the minimum wage. There are serious consequences of non compliance. There is a task force set up to police the rates...
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Employment Law Updates
False sickness
The Appeal Tribunal has ruled that where an employee pretends to be more sick than they really are (Malingering) then it is an issue of misconduct and not capability. The Tribunal went on to say that if an employee is caught out doing this, it may be a case of...
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