Employment e-news

Case Law – When Are Provisions In Staff Handbooks Incorporated Into Contracts?

Napthens - May 9th 2016
Department for Transport v Sparks and Others [2016] In this case, the Court of Appeal (“COA”) considered whether the High Court decision that an absence management provision in a staff handbook had been incorporated into contracts of employments was correct.
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Footballer proves disability discrimination as result of cancer diagnosis

Napthens - April 29th 2016
The recent disability discrimination case of an ex-Newcastle FC footballer, Jonas Gutierrez, acts as an important reminder that disability discrimination cuts across all industries, including the Football industry and proves that cancer is a deemed disability and compensation for disability discrimination can be unlimited.
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Referendum: What is the effect on Employment law if the UK votes to leave the EU?

Napthens - April 6th 2016
It is no secret that laws of the European Union reign supreme over UK laws. This has been the position since Parliament passed the European Communities Act 1972 which govern how employment law is implemented in the UK. Courts and Employment Tribunals must consider both EU laws and previous decisions by the European Court of Justice when making their decisions in the UK courts.
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Can childcare vouchers be suspended during maternity leave?

Napthens - April 6th 2016
Childcare voucher schemes offered by employers for their employees are usually offered on the basis of a salary sacrifice, whereby the cost of the vouchers is deducted from an employee’s gross salary in return for childcare vouchers. This naturally has certain tax benefits for both employers and employees.
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Case Law – Monitoring Employees Use of the Internet

Napthens - February 19th 2016
Is the right to respect of private life and correspondence breached if employers monitor employees’ personal communications at work?
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What are my options if employees can not come to work due to adverse weather conditions?

Napthens - February 19th 2016
The UK has seen its fair share of adverse weather already this year – severe floods have caused havoc in various parts of the country; Storms Gertrude, Henry and Imogen have battered the country over the last three weeks alone and, with another cold snap forecast, many businesses will be faced with the prospect of a fall in productivity due to absenteeism or employees being unable to complete work due to adverse weather conditions.
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What does the introduction of the National Living Wage mean for my business?

Napthens - February 19th 2016
In the January edition of Napthens’ HR Hub, we briefly reported on the introduction of the National Living Wage, which comes into force on 1 April 2016, under the National Minimum Wage Regulations 2015 (“the Regulations”). With the introduction of the National Living Wage just round the corner, here at Napthens, we have received a number of queries across our broad range of clients. It is clear that many employers are concerned about what the introduction of the NLW will mean to their business in practice and how they can address this going forward.
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Q& A – Do I have to provide all of my ex-employees with a reference?

Napthens - January 14th 2016
It has been the case for some time, that there is no legal obligation on an employer to provide an employee with a reference, and an employer is entitled to refuse to provide a reference if requested to do so.
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Mitigation of loss- what are the obligations on the parties? – Cooper Contracting Ltd v Lindsey

Napthens - January 14th 2016
Mr Lindsey was a carpenter who has been found to have been unfairly dismissed. He was awarded losses on the basis that although he had work in the form of pursuing work on a self employed basis, there was other better paid work “out there” on an employed basis.
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Is it discriminatory to instruct your staff to only speak English? – Kelly v Covance Laboratories Ltd

Napthens - January 14th 2016
The claimant, Ms K, worked at an animal testing laboratory, and her national origin was Russian. The claimant had been instructed by her employer not to speak any other language in the work place other than English.
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Unison loses Court of Appeal case on Employment Tribunal Fees

Napthens - August 28th 2015
The Court of Appeal has recently dismissed the case brought by Unison challenging the new employment tribunal fees system.
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Research suggests that 54,000 women lose their jobs each year due to maternity discrimination

Napthens - August 3rd 2015
Recent research conducted by the Department for Business, Innovation and Skills (BIS) and the Equality and Human Rights Commission (EHRC) has suggested that women are now more likely to face discrimination on their return from maternity leave when compared to a decade ago.
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Annual leave unused because of sickness can be carried over for 18 months

Napthens - July 16th 2015
To add to a long line of cases regarding holiday pay, a recent case has provided some clarity on the position regarding the accrual of annual leave during a period of long term sickness. Currently, it is quite common for a contract of employment to state that annual leave must be taken in the year in which it accrues. However, if an employee is absent due to sickness they will either be entitled to take annual leave during their absence, or carry forward that annual leave into the next holiday year. This choice is for the employee themselves to make.
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What does the new budget mean for businesses and HR Strategy?

Napthens - July 13th 2015
Earlier this week, the First Secretary of State George Osborne released details of the new Conservative government’s 2015 budget, which has prompted mixed reviews from the public. However what does the new budget mean for businesses and what should they be doing now in preparation of the new reforms?
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ACAS publish first year figures for Early Conciliation service

Napthens - July 9th 2015
ACAS Early Conciliation (EC) was first introduced in April 2014, becoming mandatory in May 2014, for all claims proceeding through the Employment Tribunal.
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Act now to protect your business for the future

Napthens - June 24th 2015
During the course of our review meetings with HR3 clients, a number of business owners and directors have enquired about putting wills in place, tax planning and protecting themselves and their business from unforeseen events. It is never...
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