Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Once a breach of duty occurs, an employer’s subsequent actions to make amends will not remedy the situation. Re-engagement not practicable because of employer’s genuine doubts about capability Kelly v PGA European Tour [2021] is a relatively rare example of a Court of Appeal …
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Automatic unfair dismissal: Understand employees’ protection from dismissal for health and safety reasons

A supervisor’s recent EAT win has highlighted the extent of the protections available to employees who have health and safety duties, explains Annabel Mackay Provided that employees act within their mandate and do not carry out their activities in a malicious or extraneous manner, they will enjoy protection from dismissal. The recent case of Sinclair …
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Flexible working: Managing the transition to a remote or hybrid workforce

Tim Spillane, Rachael Cage and Alice Peet discuss the legal and practical issues employers need to consider when introducing hybrid home/office working Three quarters of surveyed employers said that their businesses needed a greater understanding of the application and limitations of employment law when it comes to managing a remote workforce. Over the past 14 …
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Covid-19: FAQs on the return to the office

John Hayes and Jemma Sherwood-Roberts provide answers to employers’ questions on fearful commuters, ‘no jab no job’, flexible working requests, health and safety in the office and more Employers have a duty to consult their workforce on health and safety, and government guidance suggests holding discussions with individual workers about steps to make the return …
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Dismissal: A step-by-step guide for removing senior executives

Innes Clark outlines how to avoid the pitfalls associated with senior executive terminations While the statutory fairness of a dismissal is often of secondary consideration when terminating a senior executive’s employment, the reason for the dismissal will inform key aspects of the process. The dismissal of a senior executive may be both time and commercially …
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Religion or belief: When can an employer dismiss for expression of faith-based views?

Briony Richards examines the lessons for employers from a pair of recent cases in which a Christian claimed he was discriminated against due to his belief that adoption by same-sex couples is wrong Where an employee has acted in a manner that, religion or belief aside, does serious damage to the employer or its workforce, …
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Diversity and inclusion: Ethnicity pay reporting – challenges and benefits

With mandatory ethnicity pay reporting looking unlikely in the short term, Naeema Choudry analyses the case for voluntary reporting and some different approaches that employers can take While mandatory ethnicity pay reporting may have been pushed further down the line, it is an issue that is unlikely to go away. If the voluntary approach does …
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