November 2017 #185 – Law Journals

Drafting Employment Contracts: How to reap the benefits of a probationary clause

Michelle Last explains why probationary periods can be so valuable for employers and how to obtain maximum advantage from the inclusion of a probationary clause in employment contracts ‘It is important to note that probationary periods do not undermine an employee’s statutory rights. Rather, they give the employer the option to provide lesser entitlements until …

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Immigration: Home Office updates its guidance on right-to-work checks

Following the publication of revised government guidance, Charlotte Jayaseelan explores what checks employers need to make to comply with the duty to prevent illegal working ‘By carrying out all these checks correctly, employers can establish a “statutory excuse” against liability for a civil penalty if they are found to be employing someone who does not …

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Legal News: Employment update

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘If the ECJ follows the advocate general’s opinion, pregnant employees and those on maternity leave may be entitled to more protection against dismissal in a redundancy situation.’ Indicating when industrial action will take place A recent High Court decision, Thomas …

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Equal Pay: Three new cases you need to know about

Sam Harris reviews recent cases on whether a job evaluation scheme complied with the Equality Act, whether staff in different locations doing different work could compare their pay and whether multiple equal pay claims could be brought on a single claim form ‘Claimants working for large private sector organisations may be able to cast their …

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Unfair Dismissal: Disciplinary investigations – how much detail is reasonable?

The EAT recently had to decide whether a misconduct investigation was unreasonable because it was too thorough. Corinne Hough investigates ‘This is an unusual case; it is often argued that an investigation is not thorough enough, rather than too detailed.’ In NHS 24 v Pillar [2017], the Employment Appeal Tribunal (EAT) concluded that an employment …

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Tax Evasion: Avoiding liability under the Criminal Finances Act

Dominic Stuttaford and Amanda Sanders discuss the procedures employers need to put in place following new legislation which makes it a criminal offence not to stop employees or contractors from facilitating tax evasion ‘If an employer is found guilty of the offence, potential fines are unlimited.’ The Criminal Finances Act 2017 (the Act) came into …

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Annual Leave: More holiday headaches for employers

Eleanor Boyd and Michael Halsey share some practical tips on managing employees’ annual leave in light of the Ryanair debacle and recent holiday pay decisions ‘Employers must be careful not to discourage employees from taking holiday or overlook those who consistently do not take their holiday entitlement.’ Many readers will have seen (and possibly been …

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