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Archive for the: Employment category

Practitioner's Insight: Recording Hearings

Posted by on November 1st 2018 in Employment

The question of whether or not an employer or an employee is allowed to record a meeting (such as a disciplinary or capability hearing) is something which we are commonly asked in practice, usually after the event has taken place.

With GDPR at the forefront of people’s minds, employers are treading carefully in relation to this. But often recording a meeting, with consent, can be helpful for both employers and employees as it gives a contemporaneous and non biased, factual account of what was said in a meeting.

From an employee’s perspective, it is tempting to covertly record meetings such as disciplinary...

Phillip Green Exposed by Parliament

Posted by on October 31st 2018 in Blog Posts, Employment

The news coverage has been widespread following Sir Phillip Green being named by Lord Hain in Parliament as the “leading businessman” who obtained a privacy injunction to prevent media publication of allegations of sexual harassment and racism made against him by former employees.

The Telegraph reported that they had been “gagged” from naming a “leading British businessman” after he took out an injunction to prevent them reporting on allegations of sexual harassment and racial abuse raised by employees.

In all five cases in question, the complaints raised by former employees had been "compromised by settlement agreements" under which "substantial payments" were made.

Morrisons PLC Upheld by the Court of Appeal

Posted by on October 26th 2018 in Blog Posts, Employment

Morrisons PLC Upheld by the Court of Appeal

Decision of the High Court in Various Claimants v Vm Morrisons Supermarket PLC Upheld by the Court of Appeal

Morrisons has lost its challenge to the Court of Appeal against a 2017 ruling which established it was a vicariously liable for the actions of an disgruntled ex-employee who deliberately commited a data breach that saw approximately 100,000 of his co-workers' personal data posted online. Morrisons' management took action within a few hours of being notified of the breach to have the data taken down.

Background

In January 2014 Mr Andrew Skelton, a...

Theresa May: EU migrants will not get preferential treatment post-Brexit

Posted by on October 2nd 2018 in Blog Posts, Employment

Currently all European Union (“EU”) nationals can live and work in the UK under the Union’s rules regarding free-movement of people. However, post-Brexit plans announced by Theresa May at the Conservative Party Conference today indicate this will all change once the UK leaves the EU.

The proposals would mean that applicants from any country (including those within the EU) will have to meet certain requirements, such as a salary threshold. This system would therefore be geared in favour of more highly skilled workers, and not just based on their country of origin.

Successful applicants would also still be entitled to bring their...

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Posted by on October 1st 2018 in Blog Posts, Employment

Theresa May has Pledged to Stop High Street Restaurant Chains Deducting Money from Employee's Tips

Theresa May has announced planned legislative action aimed at stopping high street chains deducting up to 10% from tips received by their staff. Theresa May said of the Government’s plans:

We will introduce tough new legislation to ensure that workers get to keep all of their tips - banning employers from making any deductions. It's another way we are building an economy that works for everyone."

The current position

The stance restaurants take towards staff tips differs greatly, with some keeping all the tips, some taking a percentage, and some allowing their staff to keep all tips earned. There are also differences...

Parents who Lose a Child to be Entitled to Bereavement Leave

Posted by on October 1st 2018 in Blog Posts, Employment

Parents who Lose a Child to be Entitled to Bereavement Leave

Parental Bereavement (Leave and Pay) Bill received Royal Assent:

The Parental Bereavement (Leave and Pay) Bill (the Bill) introduced a new entitlement for parents to take leave following the death of their child. The proposals set out in the Bill were approved by Parliament on 13 September 2018, making the Bill now the Parental Bereavement (Leave and Pay) Act 2018 (the PBA 2018). This is the first piece of UK legislation that addresses this issue, aiming to support those who are affected by the tragedy of losing a child, and is expected to come into force from 2020.

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

Posted by on September 18th 2018 in Blog Posts, Employment

Practitioners Insights: To Consult or Not to Consult, and How Do We Do it Well?

We spend much of our time explaining to employers that they need to consult with their teams over a number of issues. ACAS gives some clarity regarding the overview of what it means, but once you have read their excellent advice, what you really want to know is how to do it.

We can all agree that “Employee communications and consultation are essentially about involving and developing people in an organisation. Employees will be able to perform at their best if they know their duties, obligations and rights and have an opportunity to make their views known to management on issues...

Menopause and Work - Disability, Wellbeing or Just Caring?

Posted by on September 1st 2018 in Blog Posts, Employment

Menopause and Work - Disability, Wellbeing or Just Caring?

A case in Scotland (Ms Mandy Davies v Scottish Courts & Tribunals Service) held that menopause could be considered a disability under s.15 of the Equality Act; whereby a person is treated unfavourably because of something arising in consequence of the disabled person’s disability and the employer cannot show that the treatment is a proportionate means of reaching a legitimate aim.

In this particular case, the unfavourable treatment was dismissal. In brief, the claimant had some medication that she thought had been in the water jug she was drinking from and the water was then given to two men in the...

Do you need to pay the Data Protection Fee to the ICO?

Posted by on August 31st 2018 in Employment

We are increasingly being asked this by Clients following the introduction of the GDPR and Data Protection Act 2018. The general position is that if you are processing personal information as a data controller then you need to pay the data protection fee to the ICO.

The amount that you are required to pay will depend on a number of factors such as your number of staff and annual turnover. For most organisations the fee is either £40 or £60. The highest level of fee is £2,900.

The ICO have produced a self assessment tool which will assist you in establishing whether...

Practitioner’s Insights – The Risks of Ignoring the Issue

Posted by on July 31st 2018 in Blog Posts, Employment

Practitioner’s Insights – The Risks of Ignoring the Issue

As you can imagine, we deal a lot with issues where the employer has “reached the end of their tether” in managing a problem like capability.  Sometimes we are involved throughout a process, which will either lead to an improvement in performance or potentially dismissal.  Others however, we are called in at the latter stages to advise on the capability procedure at the point at which dismissal is contemplated.  Often, the reluctance of a manger to have the open and frank discussion at the outset, leads to a situation whereby the individual may struggle to accept any failings in their...

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