Employment Law Updates
ACAS Guidance on the Menopause
At the date of writing it is World Menopause Day and ACAS have used the occasion to publish guidance for employers on dealing with staff affected by the menopause. It is an interesting read for any HR professional. The guidance suggests that employers should be aware of the link between...
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Employment Law Updates
Clarifying the Time Limit for Providing Written Statement of Employment Terms
Under section 1 of the Employment Rights Act 1996, employers have 2 months in which to provide their employees with a written statement of the terms of their employment (often referred to as a section one statement, strangely). However, a recent case in the EAT has confirmed that an employee...
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Employment Law Updates
Online Employment Tribunal Decisions
Some employers may be surprised to know that all Employment Tribunal decisions made from February 2017 onwards are freely available online. Decisions made before this date are publicly available but you have to go to Bury St Edmunds County Court to get them.   Whilst we are not aware of...
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Employment Law Updates
GDPR: Claims by Employees for Data Breaches on the Horizon?
The Court of Appeal has ruled that a major UK employer is responsible for a breach in Data protection Rules, even though it accepted that the Company had done all it could to prevent the breach, and the breach was the result of a malicious employees’ deliberate aim of damaging...
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Employment Law Updates
Settlement agreements, Whistleblowing and the NHS (and every other employer too)
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...
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Employment Law Updates
Update on National Minimum Wage and Sleep-Ins
Following our brief update in July this year after the decision in Mencap v Tomlinson-Blake, we have had numerous enquiries from employers who engage sleep-in workers asking us to confirm that they are now off the hook in terms of paying national minimum wage to their sleep-in workers for the...
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Employment Law Updates
Can Notice Be Withdrawn, Has It Been Given?
The Appeal Tribunal has handed down judgment in a case that may shock some employers.   An employee handed in her notice within the admin department of an NHS Trust because she had been offered a job elsewhere in the Trust. The notice said “Please accept one months notice from...
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Employment Law Updates
National Minimum Wage & Sleep-ins
There have been a lot of cases over the past year or so looking at what amounts to working time. This is important as where time is “working time” the national minimum wage is payable. In May last year, we reported an EAT case where it was decided that sleep-in...
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Employment Law Updates
World Cup and HR management
We have tried to avoid the usual hyperbole about the world cup and managing absence. However, now that the country appears to be sitting up and taking notice at our boys' efforts, it is entirely possible that some staff might get a little carried away whether we win or lose....
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Employment Law Updates
Holiday Pay and Voluntary Overtime
The Appeal Tribunal has ruled that voluntary overtime should be taken into account when calculating holiday pay. This follows a steady creep in this direction from previous cases looking at compulsory overtime.    The case in question (Flowers v East Of England Ambulance Trust) concerns a public body, and so...
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