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Paula Rome considers some tricky issues for legal advisers asked to draw up employment-related policies ‘If any requirements are unusual or very important to your organisation, it is essential to set these out clearly in your policy, particularly if breach of the rule will be considered gross misconduct.’ HR teams will often contact legal advisers …
Continue reading "Policies And Procedures: ‘Can you just give us a policy on…?’ and why it is not that simple"
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Martin Cheyne and James English discuss a recent Court of Appeal decision on whether a worker can bring a claim for detrimental treatment against not only their normal employer but against a second organisation with which they have a working relationship ‘Employers should be alert to the fact that those who come into contact with …
Continue reading "Whistleblowing: Not one but two employers"
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Catrina Smith and Amanda Sanders explore new requirements aimed at weeding out senior banking executives with poor conduct records ‘As the mandatory template only applies to regulated firms, it remains to be seen if candidates from outside the financial services sector will be disadvantaged.’On 7 March 2017, one year after the Senior Managers and Certification …
Continue reading "Financial Services: How to comply with the regulatory references regime"
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Employers need to take care before they discipline someone for knowingly making a false disclosure, warns Christopher Tutton ‘The whistleblower must have a “reasonable belief” that the malpractice has occurred or may occur. This means that their concerns do not have to have been correct for them to be protected.’ Whistleblowing has been in the …
Continue reading "Whistleblowing: True or false?"
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Adam Hartley rounds up recent case law and developments affecting employers and their advisers ‘If a dress code is discriminatory, the government considers that scope for redress already exists under the Equality Act 2010, which prohibits both direct sex discrimination and victimisation. However, it says that the Government Equalities Office will produce guidance on dress …
Continue reading "Legal News: Employment update"
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The Supreme Court has ruled that claimants do not need to prove why they have suffered group disadvantage for their indirect discrimination claim to succeed, write Joanna Chatterton and Ed Livingstone ‘It is commonplace for employers to have assessments or other pre-requisites which employees need to satisfy before they can be considered for promotion. Employers …
Continue reading "Indirect Discrimination: Theirs not to reason why"
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Alex Beidas analyses the latest proposals for large businesses to be more transparent over executive pay and to improve boardroom diversity ‘The committee believes that consulting workers throughout an organisation is vital to improving trust and support.’ The Business, Energy and Industrial Strategy Select Committee published its report on corporate governance reform on 5 April. …
Continue reading "Corporate Governance: Fresh moves to curb executive pay"
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An employee’s contract will usually specify the period of notice they are entitled to receive if they are dismissed, but when does the notice period start to run? Phil Allen looks at a recent Court of Appeal judgment ‘For an employer to be certain that it has given notice effectively, it must ensure that the …
Continue reading "Termination: When does notice of dismissal take effect?"
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The Court of Appeal has recently considered whether an employer should postpone dismissing an employee on long-term sick leave who suddenly claims they are fit to return. Lorna Scully reports ‘An employer must assess each decision it takes under a sickness absence procedure and justify it as a proportionate means of achieving a legitimate aim.’In …
Continue reading "Ill-Health Dismissals: Waiting game"
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Rebecca McGuirk and Anna Scott outline how to carry out a fair dismissal in light of recent case law ‘A failure to follow the designated procedure is one of the most common reasons why employers lose unfair dismissal claims, even where the dismissal should be justifiable.’ Employers dealing with misconduct should always tread with caution. …
Continue reading "Misconduct Dismissals: Lessons from three recent cases"
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