Employment e-news

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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Mental health in the workplace

Napthens - May 23rd 2018
Research suggests that two thirds of us experience a mental health issue within our lifetime, yet mental health is often overlooked within the workplace. Mental Health Awareness Week has taken place this month aimed at raising awareness, especially within the workplace, in order to highlight the impact it has on staff of all ages and in any sector.
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When does notice of termination take effect?

Napthens - May 23rd 2018
The recent case of Newcastle Upon Tyne NHS Foundation Trust v Haywood has confirmed when notice of termination is deemed to take effect when an employer serves notice on an employee, should the contract of employment be silent on the matter. The Supreme Court determined that it must choose between three possibilities.
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Is time spent travelling between home and a temporary workplace working time?

Napthens - April 25th 2018
In a case surrounding working time, the European Free Trade Association (EFTA) Court has recently considered whether the time spent by a police inspector, based at a particular police station, who was travelling to and from temporary workplaces for specific assignments was classed as working time.
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Capita v Ali update

Napthens - April 25th 2018
Last year the Employment Tribunal (ET) found that Mr Ali was entitled to enhanced pay during time off for Shared Parental Leave (SPL), his employer Capita appealed against the ruling which was heard earlier this month in the Employment Appeal Tribunal (EAT). The EAT have upheld the appeal ruling in favour of Capita.
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Calculating holiday pay for those who work irregular hours

Napthens - April 25th 2018
When calculating the holiday pay for those who work irregular hours, should their holiday entitlement be calculated as being 12.07% of their total pay over the year, mirroring their statutory rights or should it be calculated using the methodology set out in the Employment Rights Act 1996?
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Is a pre-cancerous condition deemed to be a disability?

Napthens - March 21st 2018
Under the Equality Act 2010 (EqA), a condition which affects a person’s ability to carry out day-to-day tasks for a significant period of time is deemed to be a disability. A significant period of time is typically at least 12 months. Whilst cancer will always be deemed a disability, what if the condition is described as being “pre-cancerous?”
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Can time spent at home on stand-by be work requiring payment?

Napthens - March 21st 2018
Time spent on stand-by or on-call has been the subject of much debate in recent years, especially considering the ruling last year where it was held that care workers who worked sleep-in shifts were entitled to be paid the National Minimum Wage for them. In another ruling, the Court of Justice of the European Union (CJEU) in the case of Ville de Nivelles v Matzak looked at whether time spent at home whilst on stand-by could be classed as working time.
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