Employment e-news

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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