Employment Law Updates and Cases 2017 Archive

DECEMBER 2017 EMPLOYMENT LAW UPDATES AND CASES

Right to paid annual leave: Anyone with deemed ‘worker’ status must be able to carry over annual leave

Breach of implied term of trust and confidence: If an employer on dismissing an employee does not tell them the real reason for the dismissal can the employee resign and claim for breach of contract for their notice pay?

Whistleblowing and self-interest concerns: EAT provides useful guidance on the scope of whistleblowing legislation, in particular where a disclosure is made purely out of concern of the employee’s own potential liability.

Vicarious liability and data protection breaches: Can an employer be vicariously liable for the criminal actions of a rogue employee who deliberately disclosed co-worker’s personal details?

NOVEMBER 2017 EMPLOYMENT LAW UPDATES AND CASES

Risk assessments for breastfeeding mothers: Is failure to conduct an appropriate risk assessment for a breastfeeding employee sex discrimination?

Employment Tribunal Fees – Refund Scheme: Last month, we reported that the government announced a ‘first phase’ of its tribunal fees refund scheme. Following a ‘successful opening phase’ the government has now rolled out the scheme in full.

GDPR preparations for small businesses: preparing for compliance with the EU General Data Protection Regulation (GDPR)

2017 Autumn Budget: key employment announcements

OCTOBER 2017 EMPLOYMENT LAW UPDATES AND CASES

Calculating a week’s pay: is the long-established practice of excluding employer pension contributions for the purposes of calculating a week’s pay the correct approach?

Suspension is not a neutral act: Did suspension of a teacher purportedly to allow for a misconduct investigation to be carried out fairly, amount to a breach of the implied term of mutual trust and confidence?

Dismissal: taking into account previous incidents

Injury to feelings awards: uprated bands for compensation for injury to feelings in discrimination claims

Tribunal Fees: Following the Supreme Court’s ruling that fees in the employment tribunal were unlawful, the Ministry of Justice (MoJ) and Her Majesty’s Courts and Tribunals Service (HMCTS) have now launched the employment tribunal fee reimbursement scheme.

JULY 2017 EMPLOYMENT LAW UPDATES AND CASES

Whistleblowing – Public Interest Test: can a disclosure which is in the private interest of the worker become in the ‘public interest’?

Non-Compete Clause and Expectations of Future Promotion: when an employee is promoted what happens to the enforceability of any existing restrictive covenants in their contract?

Taylor Review of Modern Working Practices: a run through of some of the main recommendations of The Taylor Review of Modern Working Practices which was published on 11th July 2017

JUNE 2017 EMPLOYMENT LAW UPDATES AND CASES

The National Minimum Wage: two recent cases providing clarity on allowances and working time

Sleep-in Shifts, On-Call and Working Time: are workers entitled to the national minimum wage whilst on call or sleeping at work?

The Right to be accompanied at a Disciplinary Hearing: can an employer veto the employee’s choice of companion in these circumstances? 

Multiple Choice Tests and Disability Discrimination: can a multiple choice test as part of a recruitment exercise amount to disability discrimination?

 

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