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Covert Video Surveillance Did Not Make Dismissal Unfair
...employment tribunal found his dismissal unfair, deciding that using covert video surveillance made the investigation unreasonable. The investigation was too thorough as the employer already had suffi...
Deduction from Wages Unlawful if Repayment Provision Unenforceable
...employment. Her employment contract provided that if she resigned or was dismissed for misconduct in the first six months, C Ltd would recoup these costs from any money due to her. B was dismissed f...
Avoiding Race Discrimination When Carrying Out Immigration Checks
...employment immigration checks. The code on avoiding unlawful discrimination while preventing illegal working recommends that employers have clear written procedures for the recruitment and selection o...
Mandatory ethnicity pay gap reporting: what is the Government proposing?
Mandatory ethnicity pay gap reporting: what is the Government proposing? The Government has launched a consultation on proposals for requiring employers to report on their ethnicity pay gap. Th...
How Does Seldon Impact on the Provision of Employment Benefits?
How Does Seldon Impact on the Provision of Employment Benefits? It is clear following the Supreme Court decision in Seldon v Clarkson, Wright & Jakes that employers seeking to justify direct age ...
Holidays for Sick Workers
Holidays for Sick Workers In Adams v Harwich International Port Ltd, the employment tribunal ruled that workers who were unable or unwilling to take their statutory holiday entitlement because of sick...
Employee Entitled to PILON Despite Prior Gross Misconduct
...employment immediately, using a payment in lieu (PILON) provision in the contract which allowed it terminate with immediate effect by paying six months’ salary and benefits in lieu of notice. It...
Award of Seven Weeks’ Pay for Election Failures Too High
...employment tribunal did not criticise the quality or content of the consultation itself, but upheld the claim that the employer had failed to ensure a fair election process. The tribunal awarded seve...
Budget 2016: Key points for employers
...employment allowance. The employment allowance, worth £3,000 as at 1 April 2016, is an allowance against the employer’s NICs bill. From April 2017, the Government will make public sector bodies and...
Dismissal for Lying about Symptoms is Misconduct
...Employment Appeal Tribunal Decision The Employment Appeal Tribunal ruled that the employment tribunal should not have been considering issues to do with Mr Ajaj’s capability for doing the work of a b...
Right to Work in the UK Checks – Updated Home Office Guidance for Employers Published
...employment, studying or being self- sufficient. However, the guidance reiterates that such evidence would still not give an employer a statutory excuse against a penalty, should the non-EEA individual...
Flexible working requests and indirect discrimination
...Employment Appeal Tribunal decision in Glover v Lacoste (UK) Ltd demonstrates the importance of considering flexible working requests carefully from the outset. The Employment Appeal Tribunal ruled th...
Pension Scheme Changes: Beware the Duty of Good Faith
Pension Scheme Changes: Beware the Duty of Good Faith Employers need to take care when communicating with their staff over pension scheme changes to ensure they do not breach the implied duty of good ...
Employers with Negative Attitude to Tattoos Could Miss out on Talent
Employers with Negative Attitude to Tattoos Could Miss out on Talent Acas has published research on dress codes which shows that employers risk losing talented young employees due to concerns about ...
Lack of interim relief remedy for discrimination claims may be unlawful
...Employment Appeal Tribunal agreed, particularly due to the lack of Government intervention to justify why interim relief is not provided as a remedy in the Equality 2010. However, the Employment Appea...
Time Spent by Mobile Workers Travelling Between Home and First and Last Appointments is Working Time
Time Spent by Mobile Workers Travelling Between Home and First and Last Appointments is Working Time The European Court of Justice (ECJ) has ruled that time spent by mobile workers travelling between ...
Data Protection: What does the new Data Protection Regulation Hold in Store for Employers?
...employment contract is unlikely to comply with these requirements. Employers wishing to use the employment contract to obtain consent will need to include a separate signature box. Employers may wish...
“Self-employed” worker entitled to 13 years’ holiday pay
...employment ends. Appeal to the Employment Appeal Tribunal (EAT) Sash Windows appealed to the EAT saying that Mr King wasn’t entitled to carry over untaken holiday and should theref...
Furlough and job retention scheme grants: clarity on notice pay at last
...employment immediately and makes a payment in lieu of notice, it will not be able to claim a grant to cover the payment in lieu of notice.
Government considers ban on exclusivity clauses in low paid workers’ contracts
...employment tribunal claims. The deadline for responses to the consultation on measures to extend the ban on exclusivity clauses in contracts of employment is 26 February 2021.