22 November 2019
Employment

Global labour standards will have a bigger impact on the UK, whatever the outcome of the election

the Labour Party has set out a radical manifesto for the future of UK employment law and there has been a lot of focus on the changes to laws affecting trade unions. It is worth picking up on further comments by the shadow chancellor today. When he was put on the spot regarding Labour’s position on secondary picketing, he refused to be pinned down but did state: “We will make sure that people have the right, as in the ILO conventions to withdraw their labour.”

22 November 2019
Employment

Unfair dismissal due to trade union activities

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities.

15 November 2019
Employment

Changing reasonable adjustments could be discriminatory

Employers should be aware that changing or removing adjustments for a disabled employee could amount to a failure to make reasonable adjustments, even if they are replaced with other adjustments.

08 November 2019
Employment

Restrictive Covenants – What’s happened in 2019

There have been some cases in 2019 which have offered employers guidance on restrictive covenants and demonstrated how important it is for employers to review such restrictions carefully.

08 November 2019
Employment

How employers should manage workplace romances

It is reported that over 50% of people have engaged in a workplace romance at some time in their career. Following the rise of the #MeToo movement it is fundamental that employers are aware of how to manage romantic relationships between colleagues and that training is provided to ensure compliance with workplace policies.The Chief Executive (“CE”) of McDonalds has this week been fired following a romantic relationship with a fellow employee. Despite the fact that the fast food giant acknowledged that the relationship was consensual, the CE was dismissed as he had violated company policy by engaging in the...

08 November 2019
Employment

Capita not liable to compensate for employee’s racist comments

Employers can be held legally responsible (vicariously liable) for the discriminatory actions of their employees which have taken place in the course of employment. To avoid being held liable, an employer would have to show that it took all reasonable steps to prevent the discriminatory actions from occurring. This is exactly what Capita managed to do in a recent racial harassment case, brought against both Capita and one of Capita’s operations managers.

30 October 2019
Employment

Covert recording of employees: No breach of human rights

In López Ribalda and others v Spain, the Grand Chamber of the European Court of Human Rights (ECtHR) has held that it was not a breach of Article 6 (right to a fair trial) or Article 8 (right to respect for a private life) of the European Convention on Human Rights, to covertly record employees as part of an investigation into suspected theft and for the recording to be used at trial.

24 October 2019
Employment

Using preferred pronouns for transgender individuals

In the case of Mackereth v The Department for Work and Pensions and another, the Claimant was a doctor who refused to use transgender individuals’ preferred pronouns and titles as he claimed it went against his Christian beliefs.

18 October 2019
Employment

Confidentiality agreements guidance

NDAs have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. The purpose of the guidance is to clarify the law on confidentiality agreements in employment scenarios, with particular emphasis on improving understanding and transparency when combating discrimination in the workplace.

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