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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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Protected Offers and Automatically Unfair Dismissal
The Appeal Tribunal has handed down an important reminder about the limits of keeping conversations off the record. Where an employer wants to divest themselves of an employee, the fact that a conversation with this intention is had at all can be used to show that the employer’s mind was...
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The Importance of Proper Consideration of Appeals
A recent Employment Appeal Tribunal case further emphasises to employers that they cannot ignore a disability even if they only find out about it after an employee has been dismissed. Where an employee has more than two years’ service (and therefore has the right to claim unfair dismissal) employers...
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New Rates of National Minimum Wage
A brief reminder of forthcoming increases to the National Minimum Wage and other employment rates From 1 April 2019, the National Minimum Wage increases as follows: Rates 2019 2018 National Living Wage (age 25+) £8.21 £7.83 Adult rate (age 21-24) £7.70 £7.38 Development rate (age 18-20) £6.15 £5.90 Young...
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Records of Working Time
A claim has been brought in the European Court of Justice concerning recording hours worked by workers. What happened A trade union brought a claim to the Spanish National High Court for a judgment that Deutsche Bank was under an obligation to record the actual daily working time of...
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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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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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Holiday Carry Over
With the year end also being the end of the holiday year for many employers, a case from the Europe Court of Justice about the ability carry over untaken holiday from one year to the next is rather timely. The purpose of annual leave is to allow workers to...
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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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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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