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Michelle Last continues our series with advice on drawing up a policy to manage leave requests if there is no statutory right to time off – for example if the employee is undergoing gender reassignment or elective surgery ‘If an employer treats an employee less favourably in relation to absence for gender reassignment than it …
Continue reading "Staff procedures: Create or update a special leave policy"
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Christopher Hitchins and Brigitte Weaver give advice on common issues faced by employers and their advisers when considering making redundancies ‘This article discusses some of the more delicate problems an employer may have to face when dismissing employees for reasons of redundancy.’ A redundancy situation is stressful (for those on both sides of the table) …
Continue reading "Dismissal: How to manage tricky redundancy issues"
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Flexible working can make it difficult to check whether staff are taking adequate rest breaks but it is important to get this right to avoid legal liabilities, warns Syma Spanjers ‘In the longer term, employers should encourage a workplace culture in which taking breaks is acceptable. Managers should lead by example to show that they …
Continue reading "Working Time Regulations: Employers should not rest easy on breaks from work"
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Richard Allen continues our series with advice on what to include in a policy to manage short- and long-term sickness absence and pitfalls to avoid when putting the policy into effect ‘The policy should start with an initial purpose statement, telling employees why it is in place, what it hopes to achieve and which parts …
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Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers ‘Mrs Wood would have established the necessary causal link between her disability and the unfavourable treatment if she had actually been required to work in colder, damper conditions.’ Mistaken employee did not suffer discrimination arising from a disability Tribunals and …
Continue reading "Legal news: Employment update"
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The end of ECJ oversight and potential deregulation could mean weaker rights for UK workers post-Brexit, explain Shubha Banerjee and Louise Taft ‘Our EU obligations have led to the introduction of protection against harassment and against gender reassignment discrimination.’ No deal, Theresa May’s Withdrawal Agreement, Common Market 2.0, a second referendum – all options still …
Continue reading "Brexit: Workers’ rights at risk after Britain’s exit from the EU"
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Two decades on from the launch issue of Employment Law Journal, Richard Kenyon looks back at legal developments over the intervening years ‘Three employment-related events from 1999 stand out to me as significant, with repercussions which have rippled down through the two subsequent decades.’ The twentieth anniversary of Employment Law Journal is an opportunity for …
Continue reading "Employment rights: It was 20 years ago today"
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Following a tribunal’s decision that Cheshire Police discriminated against a straight, white, male job applicant, Glenn Hayes explores how to stay on the right side of equality law when tackling workplace under-representation ‘Employers must be able to justify any positive action they take and regularly evaluate their efforts to see if they are successful. The …
Continue reading "Discrimination: Positive action – avoid crossing the (thin blue) line"
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Jackie Thomas rounds up the latest case law and developments affecting employers and their advisers ‘Lamb is a useful reminder of the risk that employers face by claiming not to have knowledge of an employee’s disability until they have received an occupational health report.’ When did employer have knowledge of a disability? The duty to …
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A recent decision has made it harder for suspended employees to claim that their employer has undermined the employment relationship, explains Rachel Morgan ‘While a suspension does not have to be necessary, taking the decision to suspend an employee is nevertheless a significant step.’ The Court of Appeal has held in Mayor and Burgesses of …
Continue reading "Disciplinary procedures: Suspension must merely be reasonable, not necessary, rules Court of Appeal"
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