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The EAT recently had to decide whether a misconduct investigation was unreasonable because it was too thorough. Corinne Hough investigates ‘This is an unusual case; it is often argued that an investigation is not thorough enough, rather than too detailed.’ In NHS 24 v Pillar [2017], the Employment Appeal Tribunal (EAT) concluded that an employment …
Continue reading "Unfair Dismissal: Disciplinary investigations – how much detail is reasonable?"
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Dominic Stuttaford and Amanda Sanders discuss the procedures employers need to put in place following new legislation which makes it a criminal offence not to stop employees or contractors from facilitating tax evasion ‘If an employer is found guilty of the offence, potential fines are unlimited.’ The Criminal Finances Act 2017 (the Act) came into …
Continue reading "Tax Evasion: Avoiding liability under the Criminal Finances Act"
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Eleanor Boyd and Michael Halsey share some practical tips on managing employees’ annual leave in light of the Ryanair debacle and recent holiday pay decisions ‘Employers must be careful not to discourage employees from taking holiday or overlook those who consistently do not take their holiday entitlement.’ Many readers will have seen (and possibly been …
Continue reading "Annual Leave: More holiday headaches for employers"
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Michelle Last explains why probationary periods can be so valuable for employers and how to obtain maximum advantage from the inclusion of a probationary clause in employment contracts ‘It is important to note that probationary periods do not undermine an employee’s statutory rights. Rather, they give the employer the option to provide lesser entitlements until …
Continue reading "Drafting Employment Contracts: How to reap the benefits of a probationary clause"
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Following the publication of revised government guidance, Charlotte Jayaseelan explores what checks employers need to make to comply with the duty to prevent illegal working ‘By carrying out all these checks correctly, employers can establish a “statutory excuse” against liability for a civil penalty if they are found to be employing someone who does not …
Continue reading "Immigration: Home Office updates its guidance on right-to-work checks"
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Paul Griffin, Amanda Sanders and Johanna Chattle examine the government’s proposals to require companies to publish the ratio of executive to worker pay and give employees a bigger say in their business ‘The proposals include a combination of changes to the Corporate Governance Code, voluntary industry action and secondary legislation.’ On 29 August 2017, the …
Continue reading "Corporate Governance Reform: World-leading measures or missed opportunity?"
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Mark Kaye rounds up recent case law and developments affecting employers and their advisers ‘Egon is a useful reminder of the need to draft restrictive covenants carefully so as not to fall foul of the restraint-of-trade doctrine.’ Calculation of a week’s pay should include employer pension contributions The Employment Appeal Tribunal (EAT) has held, in …
Continue reading "Legal News: Employment update"
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Ben Daniel and Louise Singh consider the fallout from the decision to scrap fees for bringing an employment tribunal claim ‘The Supreme Court did not say it will always be unlawful to charge a fee to pursue a claim and it envisaged that a new system could be implemented in future.’ On 26 July 2017, …
Continue reading "Employment Tribunal Fees: Supreme Court ruling Q&A – what happens now?"
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Laura Daniels reviews a recent case on whether monitoring an employee’s personal communications breached his human rights ‘Member states should ensure that an employer’s measures to monitor correspondence and other communications, irrespective of those measures’ extent and duration, are accompanied by sufficient safeguards against abuse.’ The European Court of Human Rights has decided in Barbulescu …
Continue reading "Employee Monitoring: Do employees have the right to a private life at work?"
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A High Court decision has significantly extended the scope of employers’ potential liability for the actions of individuals whom they do not formally employ, explain Kate Bain and Luke Green ‘This judgment extends the potential scope of vicarious liability further than ever before.’ The High Court recently handed down its ruling in Various Claimants v …
Continue reading "Vicarious Liability: Employer accountable for wrongdoing by a contractor"
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