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Åsa Waring and Camilla Down examine the latest cases to consider the vexed issue of whether an individual is an employee, worker or self-employed ‘Judges will go through a painstaking process of weighing up the factors in light of ever-increasing case law, ultimately arriving at a fact-specific conclusion that will perhaps add little clarity to …
Continue reading "Employment status: Continuation on a theme"
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Rebecca McGuirk and Anna Scott consider recent rulings on whether compensatory rest has to be continuous and on what compensation is available to a worker denied a rest break ‘“An equivalent period of compensatory rest” must have the characteristics of a rest in the sense of a break from work.’ The Court of Appeal has …
Continue reading "Working time: Resting their case – new rulings on work breaks"
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Employers should review the contents of their drugs and alcohol policy and how they handle breaches of that policy in light of recent developments, writes Stephen Levinson ‘A number of decisions in the tribunals have been against employers who applied a blanket ban without considering exactly what, if any, risks had occurred.’ A huge row …
Continue reading "Substance abuse: Managing drugs and alcohol in the workplace"
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Trevor Bettany and Sophie Keene continue our series with advice on how to draft a standalone procedure to address underperformance ‘Employers contemplating the managing out of poor performers will be primarily concerned to avoid claims of unfair dismissal, discrimination, whistleblowing and breach of contract.’ Managing poor performance is a key tool for delivering efficiency and …
Continue reading "Staff procedures: Create or update an employee capability policy"
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Christopher Hitchins and Sara Thomas Arano explore the employment law issues that arise when the administrators are called in to try and rescue a business ‘TUPE’s information and consultation obligations still apply on a pre-pack sale, so the in-house employment lawyer will need to advise on the risks associated with a TUPE transfer in such …
Continue reading "Insolvency: Administration – considerations for the in-house employment lawyer"
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Charles Wynn-Evans reviews recent litigation highlighting some of the legal issues at play when employers seek to enforce confidentiality obligations in a settlement agreement or an employment contract ‘The question is whether, in all the circumstances, it is in the public interest to breach the duty of confidence.’ While the debate about whether to prohibit …
Continue reading "Injunctions: Enforcing confidentiality obligations in the #MeToo era"
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Jo Tunnicliff and Antonia Blackwell continue our series with advice on how to refresh employers’ policies protecting staff from discrimination, harassment, bullying and unequal treatment ‘If implemented effectively, a dignity at work policy can provide a framework to deal with inappropriate behaviour in the workplace and help to avoid legal problems.’ A dignity at work …
Continue reading "Staff procedures: Create or update a dignity at work policy"
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Michael Halsey and Mark Stevens round up the latest case law and developments affecting employers and their advisers ‘The Hermes agreement demonstrates a different approach to the ever-evolving legal position of those engaged in gig-economy work.’ Hermes creates ‘self-employed plus’ status for its couriers Following last year’s employment tribunal finding that Hermes couriers were workers …
Continue reading "Legal news: Employment update"
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Whatever course Brexit takes, employers should help their workers with EU nationality in proving they have the right to remain in the UK, writes Samar Shams ‘Pre-settled status and the settlement scheme application process are imperfect but, for most EU nationals already resident in the UK before Brexit, it is a good idea to make …
Continue reading "Brexit: Securing EU nationals’ right to work"
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Katie Davenport explores how the GDPR and attitudes to data privacy are changing the approach to employee background checks ‘Workers should only be vetted where there are particular and significant risks to the employer, clients, customers or others, and where there is no less intrusive and reasonably practical alternative.’ There are over 11 million people …
Continue reading "Employee vetting: A clean slate? Criminal record checks in employment"
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