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Annual leave: Holiday pay and carry over – latest cases and the impact of the pandemic

Despite a welcome ruling in the long-running Pimlico Plumbers case, avoiding breaches of the law on annual leave remains fraught with difficulty, warn Nick Hine and Ben Payne Many furloughed or other employees have accrued a large amount of holiday which they have not been able to take or wanted to take during the pandemic. …
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Working hours: Sleep-in shifts and other tricky issues

Following the Mencap decision, Emma Burrows and Anna Scott look at how to measure workers’ hours for the purpose of calculating the minimum wage and compliance with the Working Time Regulations It is necessary to distinguish between whether an individual is actually working or is only available for work. The Supreme Court has delivered its …
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Equality Act: Choosing a suitable comparator – two recent cases

The tricky issue of comparators has hit the headlines recently. Crowley Woodford and Sarah-Jane Gemmell take a closer look Employment tribunals should not weigh themselves down with extensive fact-finding exercises on the issue of whether the comparators would be employed on the same terms at the claimants’ establishment as at their own establishment. There have …
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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …
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Legal news: Employment update

Emma Malczewski rounds up recent developments affecting employers and their advisers Employers need to continue to be mindful of employee relations – situations can arise where employees move away from their existing union to a newer union with different objectives. Uber makes changes after Supreme Court ruling that its drivers are ‘workers’ Following Uber’s defeat …
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Coronavirus: Ruling on driver’s face mask objection reveals the road to a fair dismissal

David Jepps examines the first reported employment tribunal decision on whether a dismissal for refusing to wear a face mask was fair Kubilius underlines that employers are at liberty to make their own rules, within reason, and a breach of such rules entitles them to take disciplinary action. Employers and their advisers have been facing …
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Furlough: CJRS scheme extended again – current issues and priorities for employers

Lucy Lewis and Richard Moore discuss the implications of the decision to extend the furlough scheme to the end of September 2021, with employer contributions gradually increasing from July As lockdown restrictions ease, we can expect to see new debates about how the furlough scheme interacts with arrangements for schools and with the roll-out of …
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TUPE: The great divide – landmark rulings on splitting employees’ contracts on a transfer

Catrina Smith and Amanda Sanders review recent important TUPE decisions, including two that found an employee can transfer to multiple new contractors after a retendering exercise In the EAT’s view, there is no reason in principle why an employee may not hold two or more contracts with different employers at the same time following a …
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Confidentiality: Protecting sensitive business information in the virtual workplace

Joanna Chatterton and Ed Livingstone highlight the key steps which employers should take to safeguard trade secrets and confidential information in light of the increased risks that arise from prolonged working from home After termination of employment, employees continue to be subject to the implied duty to keep trade secrets confidential. Many office-based businesses will …
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Domestic abuse: A roadmap for supporting employees

Maria Strauss and Tabitha Juster explain how to develop a strategy and policy to tackle domestic abuse The government’s report emphasises the importance of implementing a domestic abuse policy in the workplace, as well as embedding support for victims of domestic abuse into wider organisational frameworks. There has been an increased focus on gender-based violence …
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