November 2016 #175 – Law Journals

Legal News: Employment update

Bradley Houlston rounds up recent case law and developments affecting employers and their advisers ‘Employers should be mindful that refusing access to relevant documents, even in response to a subject access request, could affect the fairness of a dismissal.’Refusal to respond to a SAR contributed to unfair dismissalIn McWilliams v Citibank NA [2016], the East …

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Shared Parental Leave: The law of unintended consequences

Lauren Pullen-Stanley discusses the potential impact of the first tribunal decision to consider the pay given to men and women on shared parental leave ‘In light of Snell, it is advisable that employers amend any policy which pays men and women different levels of shared parental pay.’There was a flurry of excitement among employment lawyers …

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Holiday Pay: Pack your cases

Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman ‘There have been a number of cases in the past few years which are helping to inform our understanding of holiday pay.’ Although holiday pay forms a relatively low percentage of a worker’s overall …

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Whistleblowing: Dual personality for agency workers

Agency staff can be both employees and workers at the same time for the purposes of the whistleblowing legislation, writes Christopher Tutton ‘The decision came as a surprise to some commentators, because it confirms that an agency worker can simultaneously be both an employee (of the agency) and a worker (for the end user).’ On …

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Overseas Workers: Sue and be sued

Jo Broadbent examines two recent decisions on whether the UK courts had jurisdiction to hear claims involving employees based abroad ‘Since Ravat, it has been clear that an expatriate employee must have an especially strong connection with Great Britain and British employment law before an employment tribunal will have jurisdiction to hear their statutory employment …

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TUPE: Testing the boundaries

Charles Wynn-Evans reviews some recent TUPE developments ‘If what ensues is a “hard” Brexit, the UK would not need to maintain any transfer of undertakings legislation, creating scope to reform TUPE.’There has been much speculation about the fate of the UK’s employment legislation following the EU referendum – and that speculation naturally extends to the …

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Retail: Prepare now for enhanced Sunday working rights

Shop workers who wish to opt out of working on Sundays are to get stronger legal protection, explains Connie Cliff ‘The changes to Sunday working rights are likely to cause a significant administrative headache for some retail employers.’Back in March, government plans to give local authorities the power to alter Sunday trading rules were defeated …

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Restrictive Covenants: Poaching without pain

Charlie Barnes considers ways for employers to circumvent non-compete covenants when recruiting employees from a rival business ‘Restrictive covenants tend to prevent the employee, for a certain period of time, from working for a competitor, soliciting or dealing with clients or poaching key personnel from their existing employer. However, these covenants must be no longer …

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