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Jan
12
2018

New DBS application procedure introduced in England and Wales
#Employment

Basic criminal records checks provide details of an individuals’ convictions and conditional cautions considered to be “unspent” under the Rehabilitation of Offenders Act 1974....

Jan
12
2018

Perceived disability claim upheld by the EAT
#Employment

In The Chief Constable of Norfolk v Coffey the EAT held that an employer’s belief that an employee’s hearing problem may become a disability in the future amounted to direct perceived disability discrimination....

Jan
05
2018

What to look out for in 2018
#Employment

With 2018 newly arrived, it’s the ideal time to take a look at what’s in store for the world of business and its employees over the next year....

Jan
05
2018

Protected conversations – an exception to the protection…
#Employment

Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim....

Jan
01
2018

Monica Atwal comments in Metro on ‘What happens if your job makes you take a drugs test and you fail?’
#Employment #Press

It’s the morning after the night before, and you’ve done something that really wasn’t a good idea. And it just so happens that today is the one day in your career that your boss has decided to randomly drug test some of the workers....

Dec
22
2017

Criminal conviction for Loss Adjustors who used illegally obtained data
#Employment #Data Protection

With the constant risk of fraud, investigating claims is a priority for many insurance firms. However, a recent case has shown how this can lead to a breach of data protection legislation and criminal sanctions. ...

Dec
22
2017

Ghosts of Christmas Past: using Christmas bonus to bypass collective bargaining comes back to haunt employer
#Employment

Earlier this year we reported on the Tribunal decision in Dunkley and others v Kostal UK Ltd, involving an attempt to induce staff to give up their collective bargaining rights by informing them directly that failure to agree terms would lead to “no Christmas bonus”. ...

Dec
15
2017

Employers could be liable for data breaches by rogue employees
#Data Protection #Employment

In 2014 an employee of Morrisons supermarkets posted payroll information (including names, addresses, bank accounts and salaries) of 99,988 colleagues online and sent the same to newspapers. ...

Dec
15
2017

Fit for work assessments to be scrapped
#Employment

The Government’s Fit for Work assessment scheme is to end following low referral rates, marking the beginning of a revised strategy to get more disabled people into the workplace....

Dec
12
2017

Poem: Christmas Parties
#Employment

It’s that festive time again The Christmas party’s here...

Dec
11
2017

Monica Atwal speaks to the Daily Star ‘No job is safe’ Expert says robots will spark GLOBAL migration and unemployment crisis
#Employment #Press

EVERY job in the world is under threat from being stolen by a robot in a pattern that could spark a migration crisis, a leading expert has warned....

Dec
08
2017

Why honesty is always the best policy, when it comes to capability
#Employment

Mr Rawlinson was dismissed by Brightside Group for poor performance, however, to soften the blow, Brightside told Mr Rawlinson that the reason for his dismissal was because his role was being outsourced following a restructure....

Dec
08
2017

Second bite at the cherry: time limits and amendments to claims
#Employment

Prior to the case of Galilee v Commissioner of Police of the Metropolis, it was understood that an amendment to a claim takes effect from the date of the original claim and that it’s essential for the Tribunal to consider any jurisdictional points (such as whether the claim is in time) when deciding whether or not to grant the application as, once the application has been granted, the Respondent would be prevented from raising such an argument. ...

Dec
07
2017

Monica Atwal comments on the harassment backlash against women in the workplace
#Employment #Supply Chain Governance #Press

Facebook's CEO Sheryl Sandberg took to Facebook to speak out about harassment in the workplace towards women. ...

Dec
01
2017

Does government face “steep learning curve” on apprenticeships?
#Employment

As reported previously, in April this year the apprenticeship levy came into force. This introduced a 0.5% levy on employers with payrolls over £3million. The aim is to raise £3bn annually for four years to fund apprenticeship places....

Dec
01
2017

Uber facing large fine as a result of data breach
#Employment #Data Protection

Uber has recently admitted that it concealed a cyberattack that exposed the data of 57 million customers and drivers in October 2016, including names, email addresses and mobile phone numbers. The breach was hidden by the firm, which paid hackers US $100,000 (approx. £75,000) to delete the data....

Dec
01
2017

CJEU backs worker in claim for 13 years holiday pay
#Employment

We reported on the case of King v Sash Windows back in June when the Advocate General gave an opinion on the case. We now have the Judgment from the Court of Justice of the European Union (“CJEU”). ...

Nov
30
2017

Monica Atwal comments in the Raconteur on 'Want to know how much colleagues are paid?'
#Employment #Press

Whether or not individuals’ pay should be made public is a matter of controversy. Here are the arguments for and against...

Nov
29
2017

Boots on the back foot
#Employment

As we blogged in February this year, Boots’ existing agreement with its in-house union, the Boots Pharmacists’ Association (BPA) prevented an application by an independent trade union, the Pharmacists’ Defence Association Union (PDAU), for recognition for collective bargaining....

Nov
28
2017

Back to the Future: Burden of Proof Requirement Restored
#Employment

Only in August 2017 we reported on the case of Efobi v Royal Mail in which the Employment Appeal Tribunal (EAT) reversed the long standing legal position that in discrimination cases claimants must show an inference of discrimination before the burden of proof shifts to the employer....

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