Employment Law Journal – Page 46 – Law Journals

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Trade Union Act: Striking the right balance?

Major changes to the UK’s strike laws could see employers and unions using a range of new tactics in disputes, reports Christopher Mordue ‘These new ballot rules will undoubtedly make it harder for trade unions to secure valid mandates for industrial action, especially in national public sector ballots.’The Trade Union Act, which received Royal Assent …

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Industrial Action: Government may challenge strike’s validity

Paul McFarlane and Louise Singh comment on the education secretary’s recent attempt to have proposed industrial action ruled unlawful ‘Courts may be willing to consider interventions by a secretary of state, who is not the employer, where they find this to be in the public interest.’ In The Secretary of State for Education v National …

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Data Protection: Show and tell

Charles Wynn-Evans reviews the use of subject access requests in light of a recent High Court decision ‘The SAR (subject access request) was undoubtedly introduced with the best of intentions to ensure that individuals can monitor what information is held on them and what is being done with it.’ Under s7 of the Data Protection …

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Post-Termination Restrictions: Winning damages in One Step

A recent Court of Appeal decision may make it easier for employers to obtain Wrotham Park damages, explains Bob Fahy ‘Devenish can leave a claimant in difficulties where the problem is a lack of evidence to demonstrate loss. One potential solution is to seek Wrotham Park damages.’The remedies available where an ex-employee has unlawfully used …

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Absenteeism: Managing employee sickness

Laura Garner offers some tips for employers when dealing with sickness absence and reviews recent case law developments ‘It is one thing for an employer to discover general performance or disciplinary concerns while an employee is off sick. However, what if the disciplinary issues relate to the sickness absence itself?’ There is no doubt that …

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Legal News: Employment update

Jo Broadbent and Sarah Parkin round up recent case law and developments affecting employers and their advisers ‘The public interest test introduced in 2013 may not in practice make it significantly more difficult for employees to pursue whistleblowing claims based on complaints about their individual treatment.’ Payment for covenant did not make it enforceable In …

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Childcare Vouchers: Taxman is wrong, rules EAT

The EAT is at odds with HMRC over whether women on maternity leave should continue to receive childcare vouchers, explain Connie Cliff and Liz Wood ‘The EAT held that where childcare vouchers are paid as part of a salary sacrifice scheme, they form part of an employee’s remuneration. The fact that the tax legislation deems …

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Religion And Belief: Not good to talk

Phil Allen looks at a recent EAT case on when disciplinary action over an employee’s religious discussion can be lawful ‘The protection of religion or belief cannot enable someone to express their belief in any way they like without risk of action, as such conduct can be discrimination and harassment of others.’Some employees will feel …

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Vicarious Liability: A modern theory?

Tabitha Georghiou and Matthew Ramsey examine the impact of two cases on the existing tests to establish employers’ liability for acts committed by employees or other individuals ‘It is hard to avoid the conclusion that the courts have preferred to use relatively loose language to describe the test for vicarious liability so that they can …

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Commission Payments: Making sure everyone gets their fair share

A Court of Appeal ruling highlights the difficulties employers face in asserting absolute discretion over commission or bonus awards. Stephen Ravenscroft and Jo Bennett report ‘Mr Hills argued that Niksun had not discharged the burden of proof as it had not offered any evidence from the main decision maker to establish that it had acted …

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