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  • 25 April 2016
  • Litigation and dispute resolution

“No Oral Variation” Clauses: Do They Work?

Many commercial contracts contain a clause to the effect that any variations or amendments to the contract must be in writing. Parties to commercial agreements favour such clauses because they promote certainty: the parties know what they have to do to amend the contract and disputes about oral discussions are in theory avoided.
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  • 22 April 2016
  • Employment

Contractual staff handbooks

In the case of Department for Transport v Sparks and others, the Department of Transport (DfT) wanted to implement a new attendance management procedure. This new procedure contained provisions allowing for the formal absence management process to be triggered earlier than was currently the case.
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  • 22 April 2016
  • Employment

Employers no longer have to pay National Insurance contributions for apprentices under the age of 25

April 2016 marks a change in the law that is designed to further encourage employers to take on more apprentices. Since 6 April 2016 employers no longer have to pay National Insurance contributions for apprentices under the age of 25 for earnings below £827 per week (£43,000 per year).
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  • 22 April 2016

Whistle-blowing – ‘Allegation’ and ‘Information’ are not alternative concepts and suspension was an ongoing detriment

The recent case of Kilraine v London Borough of Wandsworth has demonstrated that when assessing if there has been a disclosure of information, for whistle-blowing purposes, ‘information’ and ‘allegations’ are often intertwined and Tribunals should not fall into the trap of treating disclosures as either one or the other. Further, suspending an employee will constitute a continuing detriment and not just one that takes place at the point of suspension.
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  • 19 April 2016
  • Employment

Cultural leadership and HR

What is the "culture" of a business? How would employees describe it?
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  • 19 April 2016
  • Employment

Convergence of best practice and business sense: The role of Human Resources in a complex international landscape

As reports of violence, extremism and endemic corruption across the world seem an everyday occurrence a perplexed business executive, who knows that there is a big world out there to do business in, may ask where on earth can I safely travel and where can I confidently do any business?
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  • 14 April 2016
  • Employment

Employer’s reasonable and genuine belief can be sufficient for SOSR dismissal

In Nayak v Royal Mail Group, the EAT upheld the tribunal’s decision that an employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to show that he had been dismissed for some other substantial reason (SOSR).
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  • 14 April 2016
  • Employment

Disciplining an employee for imposing her religious beliefs was not discriminatory

The EAT has held in Wasteney v East London NHS Foundation Trust that a Christian senior manager was not discriminated against when she was subjected to disciplinary proceedings for imposing her religious views on a Muslim junior employee.
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  • 12 April 2016
  • Public Procurement

Media storm over British Medals contract awarded to French company

It is not often that public procurement contract awards are debated in Parliament or grab the headlines, but that is exactly what happened after the recent decision by the Cabinet office to appoint the French medal manufacturer, Arthus-Betrand, to a framework agreement for the “supply of medals and insignia which are presented by, or on behalf of The Queen, at various times throughout the year”.
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  • 08 April 2016
  • Employment

Payments to ex-employee during restrictive covenant period made no difference to enforceability

The recent case of Bartholomews Agri Food v Thornton has provided some useful guidance to employers who wish to rely on restrictive covenants when an employee leaves.

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  • 08 April 2016
  • Employment

“Pulling a sickie” was gross misconduct

In the recent case of Ajaj v Metroline West Ltd UKEAT/018/15/RN an employee who disingenuously claimed to be unfit to attend work was held to be dishonest and had fundamentally breached the trust and confidence of the employee/employer relationship.
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  • 07 April 2016
  • Restructuring and insolvency

Bribery Act 2010 bites…….

It was widely reported, earlier this month, that a Scottish company, Braid Logistics (UK) Limited, had agreed to pay some £2.2m to the Crown Office and Procurator Fiscal Service’s civil recovery unit by way of an agreed civil settlement, having accepted that it had obtained business through unlawful conduct.

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