Misconduct: Managing disciplinary procedures in tandem with external processes

Clodagh Hogan and Shannett Thompson consider the lessons from two recent cases in which employees being disciplined were also subject to scrutiny by outside bodies ‘The EAT agreed that it had not been unfair for the bank to rely on the tribunal’s credibility findings against the claimant without carrying out further investigation before the disciplinary …
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Staff procedures: Create or update an effective family leave policy

Anna Scott and Nicola Ihnatowicz explore what a family leave policy should contain in light of recent cases on shared parental leave and the forthcoming right to parental bereavement leave ‘Employees are protected from suffering detriment or dismissal for exercising their right to take family leave.’ Employees have the right to several types of family …
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Legal news: Employment update

Katherine Pope rounds up the latest case law and developments affecting employers and their advisers ‘The EAT made clear that a finding of a one-off act of discrimination does not mean that an associated injury-to-feelings award must fall within the lowest Vento band.’ Employee was fairly dismissed for proselytising To what extent can an employee …
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Unlawful inducements: Can an employer bypass a trade union when changing terms?

Mike Hibberd looks at the lessons from an appeal court ruling on agreeing changes in terms and conditions directly with employees if negotiations with the recognised trade union break down ‘The Court of Appeal’s decision clarifies that an unlawful inducement requires an element of permanence in the employer’s intention to remove collective bargaining of the …
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Working Time Regulations: Holidays and working hours – the debate continues

Recent cases on calculating holiday pay and recording workers’ hours show that it remains tricky for employers to understand and comply with their working time obligations, reports Ben Daniel ‘The development of a cogent set of principles for the calculation of holiday pay has been a long and winding road.’ Working time, and in particular …
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Sexual orientation: Addressing hidden LGBT discrimination following new research and cases

Joanna Chatterton and Ed Livingstone discuss developments in sexual orientation discrimination law and key practical steps to minimise the associated risks after research shows significant under-reporting of assault and other harassment ‘It is important to engender a culture in which all staff feel able to report harassment of all kinds.’ In May 2019, the TUC …
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Workplace stress: Why mental health should be top of employers’ agendas

Laura Morrison and George Fellows outline how to respond to case law that highlights the perils of failing to manage mental health issues effectively ‘Employers should seek occupational health advice when an employee says that they have a mental health condition and engage with the individual to alleviate any disadvantage caused by their condition.’ Most …
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