Employment e-news

BAE Systems (Operations) Ltd vs. Konczak

Napthens - August 24th 2017
Can a single comment lead to a successful disability discrimination claim? Yes, according to the Court of Appeal in BAE Systems (Operations) LTD vs. Konczak. Ms Konczak, worked for BAE between 1998 and 23rd July 2007, when she was dismissed. She was employed within the liaison team working alongside the Royal Saudi Air Force, after a change in personnel; she claimed that she was subject to bullying and harassment.
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Case Law: Gascoigne vs. Addison Lee

Napthens - August 24th 2017
In another ruling about the status of independent contractors in the so called “gig economy”, a cycle courier was found to be a worker. This follows on from similar findings in the cases brought against Uber, City Sprint and others. Mr Gascoigne worked as a cycle courier for Addison Lee from 2008 to 2017, upon leaving Addison Lee he made a claim for unpaid holidays.
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Government suspends back-pay action against social care charities

Napthens - August 24th 2017
Following three employment tribunal cases in 2015, 2016 and most recently in April this year. The Employment Appeal Tribunal has ruled that care workers should be paid the National Minimum Wage (NMW), for “sleep-ins”. This comes after the BEIS originally recommended paying care workers, a reduced pay of at least £25, per sleep in shift. Although in October 2016, this guidance changed to paying NMW, during the same time period.
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GDPR Overview

Napthens - August 17th 2017
By way of a high level overview the GDPR will focus on whether organisations are practically compliant and the rights and obligations it presents.
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12 steps to GDPR

Napthens - August 17th 2017
We recommend you assess your business under the ICO’s “Preparing for the General Data Protection Regulations (GDPR): 12 steps to take now.” Read more from employment partner, Kimberley St. Vall who has summarised the ICO's 12 steps and commented on them.
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30th July is World Day against Trafficking in Persons

Napthens - July 27th 2017
According to the International Labour Organisation, it is understood that approximately 21 million people are victims of modern day slavery, including men, women and children across the globe. As you may be aware, human trafficking can take various forms, including the transfer, harbouring, transportation and recruitment of persons for the purposes of forced labour or commercial sexual exploitation. Every country is affected by trafficking and therefore it is paramount that globally people come together to stand up against this.
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Is an employee’s dismissal fair if the employer has failed to call witness evidence of the appeal stage at the hearing?

Napthens - July 27th 2017
Overview Following the case of Elmore v The Governors of Darland High School and another UKEAT/0209/16, the EAT were tasked with assessing whether a dismissal could be construed as unfair if an employer had failed to call witness evidence of the appeal stage at the hearing.
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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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