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During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph ‘An employer needs to strike a balance between its obligation to co-operate with a regulatory investigation and an employee’s right to be treated fairly and reasonably.’ Employers …
Continue reading "Regulatory Obligations: Dealing with the employment aspects of an investigation"
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Hannah Cunningham examines the litigation risk faced by employers who wish to turn down candidates or dismiss employees who have brought claims against a former employer ‘This article considers when liability for victimisation arises; what duties (if any) individuals have to disclose past or ongoing tribunal claims to their prospective or current employer.’Some employers believe …
Continue reading "Victimisation: A dilemma for employers"
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Charles Wynn-Evans reports on some new decisions on employment tribunal procedure ‘It cannot be right to allow a case which otherwise has no reasonable prospect of success to proceed simply on the basis that “something may turn up” during the course of the hearing.’ There has been plenty of coverage of the new employment tribunal …
Continue reading "Tribunal Procedure: Lessons from recent case law"
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Charles Wynn-Evans reviews the new edition of Corporate Insolvency: Employment and Pension Rights This work has established itself as the clear market leader and ‘go to’ text in this area. Corporate Insolvency: Employment and Pension Rights David Pollard 5th ed, 2013, Bloomsbury Professional Ltd £155.00 ISBN: 978 1 84766 887 5 One of the most …
Continue reading "Book Review: Solving insolvency issues"
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With employers divided about the benefits of working from home, Roy Horgan and Rachel Farr discuss what the law has to say on the issue Employers may worry that they have set a precedent for other employees once they agree to one homeworking request. Developments in technology have drastically changed working styles over the past …
Continue reading "Flexible Working: The rise (or fall) of the remote worker"
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Richard Kenyon and Louise Fernandes-Owen present a guide to what is happening when in the government’s overhaul of the employment law system The concept of giving up employment rights in return for shares has been particularly controversial. It is perhaps unsurprising therefore that the House of Commons and House of Lords have disagreed. The government’s …
Continue reading "Employment Law Review: A timetable for reform"
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The results of a recent survey are revealed by Simon Rice-Birchall Perhaps most interesting is the finding that half of those who replied felt that the DRA’s abolition had made no real difference to their organisation. When the Labour government introduced legislation in 2006 prohibiting age discrimination, one of its most controversial decisions was to …
Continue reading "Age Discrimination: How are employers managing without the default retirement age?"
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James Major and Alice Duffy consider the implications of Walker v SITA Information Network Computing Ltd It would not be reasonable to conclude that a person was not disabled if they avoided changes to their behaviour that might cause pain, fatigue or substantial social embarrassment. According to a 2012 study by the Organisation for Economic …
Continue reading "Discrimination Law: Is obesity a disability?"
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An EAT ruling has highlighted that the UK’s discrimination legislation is at odds with EU law, reports Olivia Toulson It is doubtful that Parliament ever intended to exclude post-employment victimisation and it is clear that EU law requires employees to have protection against such treatment. In Rowstock Ltd v Jessemey [2013], the Employment Appeal Tribunal …
Continue reading "Equality Act: No protection against post-employment victimisation"
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Jo Broadbent looks at what approach the tribunals are taking to employees’ new-found ability to gather evidence secretly on their smartphones and how employers should respond An employer should probably focus its efforts on minimising the risk of the evidence being created in the first place. Employee monitoring is generally understood to refer to a …
Continue reading "Employee Surveillance: Who’s monitoring whom?"
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