September 2018 #193 – Law Journals

Misconduct dismissals: Can dismissal without warning be fair without gross misconduct?

Two recent rulings have confirmed that a pattern of wrongdoing can amount to gross misconduct and have provided guidance on when any subsequent dismissal can be construed as fair, report Rebecca Driffield and Louise Singh ‘Employers should issue employees who commit misconduct, whether through a series of trivial acts or an isolated incident of serious …

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National minimum wage: Sleep-in shifts – challenging times for care providers

While the Mencap decision is good news for the cash-strapped care sector, it raises a number of difficult questions about what to do next, explain Emma Burrows and Anna Scott ‘Underhill L J concluded that the essence of a sleep-in contract is that the worker, in the words of the regulations, “by arrangement sleeps” at …

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Dress codes: Individual rights versus business need

Joanna Chatterton and Ed Livingstone consider the difficult balancing act which employers face between giving employees the right to express their individuality and ensuring their appearance is in keeping with the nature of the business ‘The courts have been willing to give some leeway to employers who wish to impose particular dress and appearance requirements …

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Constructive dismissal: ‘Final straw’ act may revive dormant complaints

Suzanne Nulty outlines recent Court of Appeal guidance on affirmation of contract in cumulative breach (or ‘final straw’) constructive dismissal cases ‘It is well established that a series of acts which, in themselves, are insufficient to amount to breaches of contract, can, when taken together, amount to a breach of the implied term of trust …

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Diversity: Women on boards – slow progress on 33% target

Figures were published this summer to mark the halfway point of a government-backed initiative to increase the proportion of women on FTSE 350 boards to a third by the end of 2020. Emma Bartlett looks at the findings ‘Most of the FTSE 350 have subscribed to a target set by the review for boards to …

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Working time: Overtime – holiday pay and other pitfalls for unwary employers

Mark Stevens examines the latest decision on whether to include overtime in holiday pay calculations and provides some tips to manage other tricky issues created when staff work extra hours ‘The Employment Appeal Tribunal found that if workers are contractually obliged to do overtime, it would be perverse to hold that their pay for this …

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Legal news: Employment update

Rosie Kynman rounds up the latest case law and developments affecting employers and their advisers ‘The Court of Appeal’s confirmation that there is no dichotomy between information and allegations may make it easier for a claimant to meet the requirements to claim whistleblower protection.’ Allegations can amount to ‘protected disclosures’ To benefit from whistleblower protection, …

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