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Employment Law Updates
Unfair Dismissal: Is a procedure always required?
The judgment of the recent case of Mr K Ahmed v National Westminster Bank plc demonstrates that, whilst there can be consequences for not following the correct dismissal procedure, it does not always result in significant, or even any, compensation being due. Facts of the Case Mr Ahmed was employed...
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Sacking a malingering employee
If the belief that an employee is malingering is wrong, watch out, it might be discrimination. A case in the Appeal Tribunal has outlined that a genuine mistaken opinion that an employee is malingering can be disability discrimination. The type of discrimination concerned is discrimination from something arising as a...
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Government’s ‘Strike-Breaking’ Laws Now Unlawful
Government’s ‘Strike-Breaking’ Laws Now Unlawful The High Court has today ruled that businesses can no longer employ agency workers to cover staff that are on strike. The Purpose of the Legislation Change Historically, where a strike had been lawfully called employers were not allowed to replace striking workers with agency...
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Proposed Limitations to Non-Compete Clauses
Earlier this month, the Government announced their plans to propose a change to the way non-compete restrictive covenants operate post-termination. In short, they want to reduce your ability to stop staff stealing your business. What are Restrictive Covenants? In Employment Law, Restrictive Covenants are typically obligations which prohibit employees from...
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Redundancy and Unfair Dismissal
An interesting case is reported this week about redundancy, and whether it is unfair dismissal where there is a failure to consider an alternative. What’s interesting, is that this case concerned an employee who wanted to be furloughed, but the employer refused. However, the upshot of the case is a...
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Wholesale repeal of EU Law is cancelled (for now)
It was earlier announced that the government would repeal all EU law on 31st December 23 as part of the Brexit process. This is now cancelled and instead there will be a list of specific laws to be repealed on that date, but no one yet knows what that list...
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Financial Awards in Discrimination Cases
The government has published updated bands of financial awards for cases of discrimination commencing after 6th April 2023. These bands are known as “Vento Bands” and apply for injury to feelings in any case of discrimination that is upheld. Awards under this heading may be in addition to compensation for...
READ MORE The National Minimum Wage Increase – April 2023
New Rates of National Minimum Wage A brief reminder of forthcoming increases to the National Minimum Wage and other employment rates From 1 April 2023, the National Minimum Wage increases as follows: Rates 2022 2023 National Living Wage (age 23+) £9.50 £10.42 Adult rate (age 21-22) £9.18 £10.18 Development rate...
READ MORE Sex discrimination and harassment at a work party
Sexual Harassment at a work function A useful reminder from the Tribunals today about sexual harassment at a works party. It’s not the fact of the harassment that’s interesting, it’s the observations made by the judge, which are a useful reminder to all Employers. This particular event was a celebration...
READ MORE The rise of side hustles could lead to various problems for Employers.
Employer’s problems with side hustles Side hustles are work other than your main job. Unlike a second job, they are typically run as a side business, or working on a freelance basis. It could range from selling homemade goods like cakes or chocolates, buying and reselling items such as clothes...
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