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Peter Frost considers how to manage waivers of privilege in light of a recent ruling that an employer could not pick and choose which parts of legal advice about a dismissal it could disclose ‘Each party may choose whether and to what extent it waives privilege. But it is for the court to consider what …
Continue reading "Legal advice privilege: The dangers of cherry picking"
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Recent case law has highlighted how difficult it is to pin down which beliefs deserve protection in today’s society, writes Fudia Smartt ‘Mr Conisbee brought a discrimination claim against five respondents because of religion and belief, as well as a claim for notice pay. A preliminary hearing was held to determine whether vegetarianism satisfied the …
Continue reading "Religion or belief: Shifting sands – what is a philosophical belief?"
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Susannah Donaldson and Ellie Okereke round up the latest case law and developments affecting employers and their advisers ‘Employers should pay particular attention to whether any confidentiality clauses prevent, or could be perceived to prevent, an individual disclosing information to the police, regulated health and care professionals or legal providers.’ Legislation announced to prevent misuse …
Continue reading "Legal news: Employment update"
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Jo Broadbent considers UK and European developments extending rights for expectant mothers and new parents and a consultation paper that could pave the way for a radically different approach to family leave entitlements ‘Policy-makers are extending parental leave rights and encouraging workplace flexibility to increase women’s participation in the labour market and close the gender …
Continue reading "Parents’ rights: Improved support for families and new parents"
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Declan Bradley investigates the government’s proposals for ending ‘one-sided flexibility’ and considers what employers can do to prepare ‘It seems clear that the government will legislate in some form to provide workers with the rights proposed in the “one-sided flexibility” consultation document. What is not so clear is how these rights will look when finalised …
Continue reading "Casual workers: All you do is take, take, take"
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Simon Bevan analyses the impact of a ruling that holiday should not be pro-rated for staff who only work for part of the year ‘The decision means that full- and part-time workers may be paid 12.07% of their normal pay as holiday pay, with term-time-only and part-year workers being paid a greater percentage as holiday …
Continue reading "Working time regulations: Calculating holiday pay for part-year workers"
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Naomi Hanrahan-Soar discusses what we can learn from the Australian points-based system as the UK begins to rewrite its immigration rules for a post-Brexit era ‘One idea might be to reintroduce the Tier 1 entrepreneur category and give points based on how many locals the person intends to employ, how much benefit the business will …
Continue reading "Immigration: Is an Australian points-based system right for the UK?"
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Three recent decisions have shown the difficulties that parties to tribunal proceedings face if they want to avoid being publicly identified. Jennifer McGrandle and Jennifer Hill report ‘The EAT held that where a tribunal is satisfied Art 8 is engaged, it should consider whether the individual’s right to privacy outweighs the right to open justice …
Continue reading "Employment tribunals: New rulings highlight the importance of open justice"
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Anne Pritam, Imogen Heywood and Kate Higgins look at how employers can protect their business by implementing a robust and effective social media and internet policy ‘Employers need to decide what their tolerance is towards employees’ social media and internet use in the workplace.’ Use of social media, instant messaging and the internet is continuing …
Continue reading "Staff procedures: Create or update a social media and internet policy"
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The Supreme Court has adopted a more liberal approach to severing words from a non-compete clause to make it enforceable, reports Claire Darbourne ‘In some cases, it may be possible for courts to sever unlawful words or provisions from the rest of a restrictive covenant to create an enforceable restriction (the ‘blue pencil’ test).’ On …
Continue reading "Restrictive covenants: Court cuts employers some slack on severance rules"
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