Employment e-news

Unfair deductions for training costs

Napthens - September 12th 2019
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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Disability discrimination and consequences

Napthens - September 12th 2019
Both employees and workers are protected from discrimination arising from a disability within the workplace, under the Equality Act 2010. However, statistics produced by the Ministry of Justice indicate that such claims are on the rise, with there being 6,550 claims made last year compared to 4,770 the year before.
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Addressing the power balance and the use of NDAs

Napthens - June 17th 2019
Non-disclosure agreements (NDAs) are being used increasingly to settle employment related issues such as, accusations of discrimination and other grievance topics. On the 5th June 2019 the House of Commons Women and Equalities Committee released a new report on the use of NDAs in discrimination cases which raises a number of important questions for employers and employees alike.
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Harassment claims and the “Vento” guidelines

Napthens - June 17th 2019
Where an employment tribunal finds that an employee has suffered discrimination, harassment or victimisation, the award will be partially made up of injury to feelings. The injury to feelings awards are based on the “Vento” guidelines.
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Holiday pay and voluntary overtime

Napthens - June 17th 2019
Last year we reported that ACAS had issued new guidance in relation to overtime, in direct response to the Employment Appeal Tribunal’s ruling in Flowers v East of England Ambulance Trust (The Trust). However, this month the case was heard by the Court of Appeal.
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Ensuring you follow a fair redundancy process

Napthens - February 12th 2019
Lloyds Pharmacy has recently lost a claim for unfair dismissal after making an employee, Ms Waldie, redundant following a review of their operating business model.
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The Good Work Plan: an update

Napthens - February 12th 2019
Last month the Government announced the introduction of what they labelled as the “largest upgrade in a generation to work place rights”. The changes announced are due to come into force on 6th April 2020 and primarily focus on bolstering workers’ rights. We have summarised some of the main changes below:
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Can directors be personally liable for employment tribunal awards?

Napthens - December 20th 2018
In a Landmark ruling the Court of Appeal has upheld an earlier decision in Timis & Anor v Osipov & Anor 2018 in which two individual directors were found to be liable for the unfair dismissal of a whistleblower.
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Covert surveillence and race discrimination

Napthens - December 20th 2018
The London Central Employment Tribunal (ET) has recently heard a case in which an employee, Ms Spragg, alleged that her employer, Richemont, had spied on her and denied her the opportunity to progress her career on the basis of her skin colour.
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Employer who dismissed sexual harassment ordered to pay £24,000

Napthens - November 2nd 2018
The Employment Tribunal has recently heard a case which was struck out in 2015 for failure to pay tribunal fees. However, since the Supreme Court ruling in 2017 abolishing tribunal fees, the Claimant (W) had her case re-instated.
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Law Commission consults on tribunal claims limit

Napthens - November 2nd 2018
Last month the Law Commission launched a consultation which seeks to investigate the jurisdictions of the Employment Tribunal, Employment Appeal Tribunal and the Civil Courts in employment and discrimination matters.
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Does giving notice amount to an unambiguous act of resignation?

Napthens - November 2nd 2018
When does giving notice become an unambiguous act of resignation when dealing with employees looking to move jobs within a company or group structure?
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New ACAS guidance on employment references

Napthens - September 25th 2018
ACAS has recently released new guidance surrounding employment references and what should and should not be included.
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Pilot used Star Wars character as his reference

Napthens - September 25th 2018
An employment tribunal has recently heard a case bought by Mr M, a former West Atlantic employee, who resigned after it was discovered he used a fake reference.
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Temporary workers and their rights

Napthens - September 25th 2018
With the busy Christmas season just around the corner, many employers will be looking to take on temporary workers, we look at why you may want to take this approach and how temporary staff differ from full-time staff.
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Is email your organisation’s biggest downfall?

Napthens - August 22nd 2018
When considering the phrase “data breach”, most people automatically think of a large scale cyber-attack or an organisation using unscrupulous methods to extract people’s personal data, such as what happened with the Cambridge Analytica scandal. A data breach could even occur through a disgruntled employee, as happened to Morrisons earlier this year.
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