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Three new decisions have shed further light on the impact of different types of leave on holiday pay, reports Tara Grossman ‘There have been a number of cases in the past few years which are helping to inform our understanding of holiday pay.’ Although holiday pay forms a relatively low percentage of a worker’s overall …
Continue reading "Holiday Pay: Pack your cases"
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Agency staff can be both employees and workers at the same time for the purposes of the whistleblowing legislation, writes Christopher Tutton ‘The decision came as a surprise to some commentators, because it confirms that an agency worker can simultaneously be both an employee (of the agency) and a worker (for the end user).’ On …
Continue reading "Whistleblowing: Dual personality for agency workers"
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Jo Broadbent examines two recent decisions on whether the UK courts had jurisdiction to hear claims involving employees based abroad ‘Since Ravat, it has been clear that an expatriate employee must have an especially strong connection with Great Britain and British employment law before an employment tribunal will have jurisdiction to hear their statutory employment …
Continue reading "Overseas Workers: Sue and be sued"
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Charles Wynn-Evans reviews some recent TUPE developments ‘If what ensues is a “hard” Brexit, the UK would not need to maintain any transfer of undertakings legislation, creating scope to reform TUPE.’There has been much speculation about the fate of the UK’s employment legislation following the EU referendum – and that speculation naturally extends to the …
Continue reading "TUPE: Testing the boundaries"
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Shop workers who wish to opt out of working on Sundays are to get stronger legal protection, explains Connie Cliff ‘The changes to Sunday working rights are likely to cause a significant administrative headache for some retail employers.’Back in March, government plans to give local authorities the power to alter Sunday trading rules were defeated …
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Charlie Barnes considers ways for employers to circumvent non-compete covenants when recruiting employees from a rival business ‘Restrictive covenants tend to prevent the employee, for a certain period of time, from working for a competitor, soliciting or dealing with clients or poaching key personnel from their existing employer. However, these covenants must be no longer …
Continue reading "Restrictive Covenants: Poaching without pain"
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The Court of Appeal has confirmed that a complex class action should be heard in the employment tribunal rather than the High Court, reports Christopher Tutton ‘The claimants, who are overwhelmingly (though not exclusively) female, work in hourly-paid jobs in the retail giant’s stores. They are claiming their jobs are of equal value to those …
Continue reading "Equal Pay: Asda barred from forum shopping"
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Ambiguous legal protection and subconscious bias by recruiters are making it difficult for Muslim women who wear a headscarf to find work. Arpita Dutt and Rolleen McDonnell investigate ‘The requirements of one’s faith cannot be applied outside work but “politely discarded” during working hours. It would be wrong to suppose that, whereas one’s sex and …
Continue reading "Discrimination: Removing employment barriers for Muslim women"
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