Employment e-news

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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Paid leave for working carers

Napthens - August 22nd 2018
Currently there is no legal obligation placed upon employers to pay their employees for time off from work due to their care commitments. As a result this has left many employees needing to either use up their holiday entitlement or take unpaid leave in order to fulfil their care commitments.
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Smartphones and Working Time Regulations 1998

Napthens - August 22nd 2018
Many organisations provide their staff with smartphones in order for their staff to be reachable outside of working hours by their colleagues and customers alike. However, could the use of smartphones potentially constitute a breach of the Working Time Regulations?
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Overtime and holiday pay

Napthens - July 23rd 2018
Last month ACAS issued new guidance on overtime. The guidance focuses on the three types of overtime, these being: voluntary, compulsory guaranteed and compulsory non-guaranteed.
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Employee unfairly dismissed for Facebook post

Napthens - July 23rd 2018
A former Sainsbury’s employee was found to have been unfairly dismissed after making a Facebook post in breach of the company’s Social Media Policy.
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Almost a quarter of new fathers are unable to claim Statutory Paternity Pay

Napthens - July 23rd 2018
Between April 2017 and March 2018, more than 140,000 new fathers were unable to claim any Statutory Paternity Pay, according to research recently published by the TUC. This equates to 23% of new fathers in this time period.
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Does misconduct need to be ‘gross’ to make a dismissal fair?

Napthens - June 22nd 2018
Where an employee is dismissed with notice for ‘serious’ misconduct is this fair or does the misconduct have to be ‘gross’ to justify dismissal?
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Discrimination arising from a disability

Napthens - June 22nd 2018
Can dismissal amount to discrimination if the employer did not know that a disability was connected to their misconduct?
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Claiming back training costs

Napthens - June 22nd 2018
It’s not uncommon for employers to want to claim training costs they have incurred in training employees back from those employees when they leave the business. But just how much can be claimed back and how far back can this go?
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Conducting a risk assessment for breastfeeding mothers

Napthens - May 23rd 2018
Are employers required to carry out a risk assessment for breastfeeding mothers? According to the Equality Act 2010 the answer is yes and failure to do so may amount to direct sex discrimination. But there is an exception to this rule the same act expressly disapplies this protection in the workplace.
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