Employment e-news

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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Meet the team: Steph Townson, People Projects

Napthens - November 2nd 2020
Steph has recently joined the Napthens’ Employment Department working in the People Projects Team. Due to the unprecedented times we find ourselves in we have done a Q & A with Steph so you can get to know her.
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Are paranoid delusions a disability?

Napthens - November 2nd 2020
Under the Equality action 2010 a person is disabled if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. In Sullivan v Bury Street Capital Limited the question before the Tribunal was whether an employee who suffered paranoid delusions would fall within definition for the purposes of making a claim for disability discrimination.
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Disability Discrimination and Objective Justification

Napthens - August 6th 2020
Many of us will be familiar with the Equality Act 2010 (EA 2010) and know that this act prohibits disability discrimination, harassment and victimisation in the workplace. It also puts employers under a duty to make reasonable adjustments for disabled employees and job applicants who are placed at a substantial disadvantage because of their disabilities.
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Burnout as a result of unmanaged stress

Napthens - August 6th 2020
Wow that’s been a busy few months! I wonder how many HR professionals are saying that right now? COVID-19 has certainly left a mark on us all one way or another. Whether you have been furloughed due to having no work or working every hour available, these last few months have certainly taken their toll.
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Coronavirus: what should employers be doing?

Napthens - March 4th 2020
Many employers are wondering what (if anything) they should be doing to protect their employees and business from the coronavirus. We have included some guidance to support your business.
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Legal Update: Changes to agency workers rights

Napthens - February 28th 2020
Under the current Agency Worker Regulations 2010 (AWR 2010), if agency workers work for a business on the same assignment for 12 continuous weeks, they are entitled to the same normal pay rights as permanent employees of that business. However, as an alternative, agency workers can work under what is commonly known as “Swedish Derogation”. These rules are changing in as of April 6th.
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Ethical Veganism: A philosophical belief

Napthens - February 28th 2020
The case of Casamitjana Costa v The League Against Cruel Sports has hit the headlines in recent weeks after an Employment Tribunal ruled that an ethical vegan had a protected belief under the Equality Act 2010. But what does this mean for Employers?
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Legal Update: Parental Bereavement Leave

Napthens - February 28th 2020
As of 6 April 2020, parents will be entitled to Parental Bereavement Leave and, should they qualify, will also be entitled to be paid during this leave. Employers need to be aware of the entitlement and the eligibility requirements prior to the law coming into force in April and ensure that their policies are updated to reflect the change.
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Equal pay in the news – Samira Ahmed v BBC

Napthens - January 27th 2020
A recent Employment Tribunal case to hit the headlines saw Samira Ahmed bring a claim for equal pay against her employer, the BBC.
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Employee unfairly dismissed after being arrested for possessing indecent images

Napthens - January 27th 2020
With the increase in cyber security and awareness, it is becoming more common for employers to be faced with the scenario where a member of staff is arrested for possession of indecent images. In a recent hearing the Employment Tribunal (ET) has provided guidance as to the stance employers should take.
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Can employers or employees covertly record internal meetings?

Napthens - January 27th 2020
It is now easier than ever to discreetly record meetings, for example by using mobile phone devices. However, can an employer or an employee record an internal meeting without the others knowledge?
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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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