Employment e-news

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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Changes to Apprenticeship Agreements

Napthens - June 19th 2015
Apprenticeships entered into on or after 26th May 2015 will be now be formed under Approved English Apprentice Agreements.
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Travelling time counts as ‘working time’

Napthens - June 19th 2015
In a recent case (Federación de Servicios Privados del sindicato Comisiones Obreras)­ the Attorney General (AG) has expressed the opinion that certain workers, who have no fixed or habitual place of work, could class time spent traveling from/to their home address to their first or last appointments as working time under the EU Working Time Directive.
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Holiday pay and commission – Lock v British Gas decision to be appealed

Napthens - May 22nd 2015
Further to our recent update regarding commission and holiday pay, in the case of Lock v British Gas it has now been revealed that British Gas will appeal against the Employment Tribunal’s decision that commission payments should be taken into account when calculating holiday pay.
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Guidance on what the EAT considers as ‘public interest’ for whistleblower protection

Napthens - April 15th 2015
In a recent case, the Employment Appeal Tribunal upheld the Employment Tribunal’s decision that an employee was protected by whistleblowing legislation due to his disclosure being in the public interest
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Family-Friendly Changes – April 2015

Napthens - March 31st 2015
There are a number of changes to Family Friendly legislation which are due to come into effect in April 2015. Here we provide an overview of the relevant changes and the impact they will have on employers.
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Holiday pay: An important case update

Napthens - March 30th 2015
Last week, the Leicester Employment Tribunal (ET) handed down its long-awaited decision in the case of Lock v British Gas.
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New statutory pay rates

Napthens - March 23rd 2015
From 6 April 2015 there was an increase to the rates for statutory payments for time off work, in line with current inflation. This will see changes to the rates for statutory payments for sickness absence and family friendly rights.
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