Employment e-news

Top 10 updates for 2017

Napthens - July 27th 2017
2017 has been an active year for employment law and we have outlined some of the current and anticipated changes for 2017: National Living Wage: Following the Queen’s Speech on 21 June 2017, it was established that the National Living...
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Does the right to paid annual leave carry over until the worker has the opportunity to exercise it?

Napthens - June 28th 2017
In the recent case of King V The Sash Window Workshop Ltd, Mr King worked as a commission-only salesman for 13 years and did not receive holiday or sick pay. His contract was terminated once he had reached 65 and subsequently Mr King bought a claim for unpaid holiday leave. The argument from Mr King was that he failed to take his full annual holiday entitlement on the basis that it was unpaid and he would, as a result, be out of pocket.
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Are businesses totally unprepared for Brexit?

Napthens - June 28th 2017
A new survey, undertaken by the think tank Resolution Foundation, seems to suggest that most employers are totally unprepared for a new era of lower migration, should the proposed Brexit plans go ahead. Under the current proposals the government has pledged to deliver stricter immigration policies, which is likely to have an adverse effect on free movement of EU/EEA nationals.
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Avoiding a Discrimination Claim for Shared Parental Leave

Napthens - June 28th 2017
In a recent Employment Tribunal case, Mr M Ali v Capita Customer Management, it was ruled that Mr Ali was directly discriminated against due to his sex. Following the birth of their child, Mr Ali’s wife was informed that she should...
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Top tips for Line Managers: Mental Wellbeing

Napthens - May 24th 2017
Mental Health Awareness Week took place in May and research from the Mental Health Foundation found that only a small minority of people (13%) report living with high levels of good mental health. We know that mental health is a big concern for employers, with the CIPD’s latest absence management survey reporting stress and mental health issues as among the biggest causes of absence from work.
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Dementia in the workplace

Napthens - May 24th 2017
With Dementia Awareness Week taking place between 14th and 20th May 2017, we consider the impact of dementia in the workplace, and how employers should deal with employees who are diagnosed with the condition.
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Best practice in recruitment to avoid a PR disaster

Napthens - May 24th 2017
Last week, a Tonbridge company, Tecomak Environmental Services, emailed an applicant inviting her for an interview. However, the invite accidentally included a chain of previous internal messages, which contained brutal comments about the applicant.
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Risks in not allowing accompaniment to formal meetings

Napthens - April 28th 2017
It is often a matter of sheer uncertainty for employers and a regularly cited request of employees in formal meetings. As per section 10 of the Employment Relations Act 1999 (ERelA 1999), the right to be accompanied by a work colleague or...
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Case Law

Napthens - March 21st 2017
We look at a recent Employment Appeals Tribunal (“EAT”) decision in Tees Esk & Wear Valleys NHS Foundation Trust –v- Mrs Hardland & others, Danshell Healthcare Ltd which has sought to clarify what an employer (and an Employment Tribunal) are entitled to consider when assessing the “principal purpose” of an organised group of employees, for the purposes of a Service Provision Change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
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Spring Budget 2017

Napthens - March 21st 2017
The Chancellor delivered the 2017 Spring Budget on 8 March 2017. The Government announced that the employment rate reached a record high in the three months to December 2016 (74.6%) and unemployment is at an 11 year low. The Government used the Spring Budget to outline plans to help more people back into work, in addition to securing a highly skilled work force for the future of the economy.
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National Living Wage, National Minimum Wage and New Compensation Limits set to increase

Napthens - March 1st 2017
We take a look at the new The National Minimum Wage (Amendment) Regulations 2017 which come into force on 1 April 2017.
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Case Law – Employment Status

Napthens - March 1st 2017
We have recently seen a flurry of activity in relation to employment status and the ‘gig economy’ including the publishing of the Employment Status Review by the Department for Business, Innovation and Skills and a notice of appeal to the Employment Appeal Tribunal by Uber.
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Is stress a disability?

Napthens - January 10th 2017
“Disability” is defined in the Equality Act 2010 as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
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What can we expect in 2017?

Napthens - January 10th 2017
Now that the festive season is behind us, it seems the ideal opportunity to look at the top issues on the employment law and HR landscape for 2017 and to suggest some resolutions for the year ahead.
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Can I have Christmas off?

Napthens - December 8th 2016
The traditional 6 week Christmas period, beginning mid-November and lasting till the end of December is well underway. As Christmas Day draws nearer, employers and employees working in retail (amongst other sectors) will be feeling the heat as demand surges for their goods and services.
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Who’s rights are right?

Napthens - December 8th 2016
Northern Ireland is the only place in the UK where same sex marriage is against the law. The potential for the conflict between the rights of the Lesbian Gay Bisexual and Transgender (LGBT) community and the religious community has been a long feature of public debate in Northern Ireland. In the midst of heated alternate political opinions, the Northern Ireland Court of Appeal handed down its judgment on the 24th October in the so called ‘Gay Cakes’ case; Lee v McArthur and Ashers Baking Company Limited (“Ashers Bakery”).
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