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The government’s failure to address the issue of purposive construction in its plan for the Great Repeal Bill will lead to uncertainty and a wave of litigation after Brexit, warns Sandy Kemp ‘Applying a purposive construction has led to significant differences of outcome, including a reversal of what decisions would have been using the standard …
Continue reading "Exiting The EU: The flaw in the Brexit white paper"
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Anthony Fincham and Val Dougan analyse two recent cases challenging employers’ failure to enhance shared parental pay rates for fathers ‘It may be possible to argue that a failure to pay enhanced rates of pay is both direct and indirect discrimination.’ We have come a long way since maternity leave was first introduced by the …
Continue reading "Shared Parental Leave: Dads paid less for bringing up a baby – is direct discrimination the answer?"
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A recent case contains important guidance on drafting restrictive covenants, applying for springboard injunctions, handing over emails and complying with procedural rules, explain Rebecca McGuirk and Anna Scott ‘It is not possible for an employer to impose a covenant just because it does not want an ex-employee to compete with it.’In Capita plc v Darch …
Continue reading "Confidential Information: Lessons from a failed injunction"
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Phil Allen and Louise Singh look at the implications of a recent Supreme Court decision on how much pay to deduct when employees go on strike for a day ‘The judgment is clear in holding that contracts of employment can set out the days over which salary accrues and such a clause will override the …
Continue reading "Strike Pay: All in a day’s work"
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Emma Naughton examines two recent cases on the tricky issue of which country’s courts have jurisdiction to hear an international worker’s employment claims ‘The tribunal had not afforded enough weight to the documented fact that both Mr Green and SIG had agreed that his contract should be governed by English law.’As the workforce continues to …
Continue reading "Territorial Jurisdiction: Location, location, location"
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Kate Gardner and Sarah Driscoll report on a recent case on holiday pay which could have major implications for gig economy businesses ‘Employers must provide adequate facilities to allow workers to exercise their right to take paid annual leave.’As employers and their advisers will be aware, there has been a series of far-reaching legal developments …
Continue reading "Holiday Pay: Will it never stop?"
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Katherine Pope rounds up recent case law and developments affecting employers and their advisers ‘Referring to recent gig economy cases, the report concludes that the myth of self-employment frequently fails to stand up in court, but individuals face huge risks in challenging their employment status that way.’Nominal award for breach of the right to be …
Continue reading "Legal News: Employment update"
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A recent EAT decision on night shift pay is threatening the overstretched care sector’s ability to provide services, warns Carla Whalen ‘The consequences of failing to comply with the national minimum wage legislation can be extremely harmful to organisations.’Calculating the national minimum wage (NMW) has long been a source of worry for employers, with particularly …
Continue reading "National Minimum Wage: Pay for sleep-in and on-call work"
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Tom Heys and Kayleigh Williams examine the main political parties’ general election promises on employment law issues ‘As might be expected, all three of the main parties allude to the topical issue of the “gig” economy.’ Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour – and …
Continue reading "Employment Policies: Manifesto manoeuvres"
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Stefan Martin and Helena Davies look at some of the different ways EU member states and the US are responding to the rise of non-standard working arrangements and how these contrast with the UK’s approach ‘It is now a real possibility that we will see legislative changes to make the distinction between workers, employees and …
Continue reading "Employment Status: The gig economy – a cross-border comparison"
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