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Employment e-news

Case Law Update: Philosophical beliefs

Napthens - July 6th 2021
In the case of Forstater v CGD Europe & Other the Claimant worked for CGD as a researcher and writer. In 2018, she became engaged in a debate on Twitter about proposed reforms to the Gender Recognition Act.
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RIDDOR Reporting – why is it important?

Napthens - July 6th 2021
A few of our recent hub articles have highlighted the importance of accident and near miss reporting in the effective management of health and safety, but did you know that it is a criminal offence not to report certain accidents and incidents to the HSE?
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Remote working and employee surveillance

Napthens - June 2nd 2021
We are sure that it will not come as a surprise to hear that the impact of the Covid-19 pandemic drastically increased the number of individuals who are currently working remotely in the UK. While we have seen many businesses return to the physical workplace since the initial lockdown restrictions began to lift in June/July 2020, many employers are continuing to adhere to the Government’s ‘work from home’ guidance, where possible.
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Near-miss reporting

Chris Walker - June 2nd 2021
The HSE define a near-miss as an event that does not cause harm, but has the potential to cause injury or ill-health. In many cases, hazards in the workplace which cause accidents do not result in an injury and often this is due to the person involved taking action to avoid injury, or simply being lucky.
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Display Screen Equipment – are you compliant

Napthens - May 4th 2021
For the last 12 months there has been a huge shift from office working to home working due to the pandemic and there will be a lot of employees now working from their kitchens, living rooms or if they’re lucky a home office, but what does this mean for an employee’s health?
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Managing conflict: informal vs formal action

Napthens - May 4th 2021
We all have conflict in our lives, it’s a natural part of human behaviour and we are all unique, so it makes sense that with all those personalities mixing its bound to stir up some disagreements from time to time.
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Service provision changes and fragmented employers

Napthens - April 8th 2021
The Employment Appeal Tribunal (EAT) has recently heard the case of McTear Contracts Ltd v Bennett & ors which substantially revises how TUPE will apply under domestic law with regards to service provision changes when those services are fragmented.
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Reporting of accidents

Napthens - April 8th 2021
Accidents, injuries and unexpected incidents at work are something you try to avoid. But they can happen. When they do, it's good to report them, and investigate them - even if no one was seriously hurt -because it's an opportunity to find out why it happened and to stop it happening again.
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Equality and Diversity Training: What is sufficient to establish a “reasonable steps” defence?

Napthens - March 9th 2021
The Employment Appeal Tribunal (EAT) has recently held that an Employment Tribunal was entitled to reject an employer’s ‘reasonable steps’ defence to a claim of racial harassment.
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IR35: are you ready for the April changes?

Napthens - March 9th 2021
The off-payroll working rules, also known as IR35, are a set of tax laws which can apply where businesses engage workers through an intermediary.  The intermediary is usually a personal service company (PSC) but could also be a partnership or an individual.
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Safety culture kick-start

Napthens - March 9th 2021
2021 is underway, and there’s no denying that it’s not started how everyone might have dreamed it would. You might well be thinking, here it is, another doom and gloom COVID-19 article from Napthens H&S but let me stop you there!
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Who’s the employer? Is it always clear cut?

Napthens - February 1st 2021
It would be easy to think that the identity of an employer should be fairly easy to determine. However a recent case has demonstrated that it is not always clear cut, for example, where an employee is engaged by one company in a group but carries out work for another. Here, the Employment Appeals Tribunal (EAT) considered how the correct employer should be determined when its identity is in dispute between the parties.
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Learning & Development – what is the future?

Napthens - December 8th 2020
2020 has been a different year for everyone and we have all experienced changes to the way we do things. Businesses have had to adapt their operations to enable changes to the workforce or operational practices. One area that has certainly been impacted is L&D.
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Have yourself a COVID secure Christmas party

Napthens - December 8th 2020
The festive season is fast approaching, and workplaces are faced with the sad reality that the usual long-awaited Christmas parties are likely to be affected by the current pandemic. Christmas parties play an important role in the workplace. Often decreasing employee turnover, they are a brilliant opportunity for employers to thank their workforce and reward their hard work; this is likely in turn to maintain employee loyalty. Christmas parties are a hub for team building and bonding, giving team members a chance to have fun outside of the usual work focussed environment and can result in strengthened team dynamics and communication.
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The Information Commissioner’s Office (ICO) Right of Access Detailed Guidance.

Napthens - December 8th 2020
Individuals have the right to access and receive a copy of their personal data, and other supplementary information. This is commonly referred to as a subject access request or ‘SAR’. Individuals can make SARs verbally or in writing, including via social media. A third party can also make a SAR on behalf of another person.
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Unfair deductions for training costs

Napthens - November 30th 2020
The repayment of training costs has once again hit the headlines. Last year, it was Capita and FDM Group who were reported to be charging employees who left their training service up to £20,000. With Capita admitting that their practice was unlawful. This year a Costa Coffee Franchise operated by Goldex Investments Essex, have been accused of making unfair deductions from former employees.
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