Archives

New Acas guidance on holiday pay and accrual during sickness

The Acas National Newsletter for June, out earlier this week, contains some slightly updated advice on the eternal question of how you calculate holiday pay, plus an existential poser on the relationship between sickness and holiday accrual. On the holiday pay front, there remains no steer as to how commission or overtime earnings should be … Continue Reading

Whose lie is it anyway? Not for employer to decide if whistleblowing disclosure is protected

For a whistleblower to benefit from the statutory protections, his disclosure must be protected, i.e., be (usually) about the breach of a legal obligation and reasonably believed by him to be true and in the public interest.  If he deliberately lies or makes his disclosure only to advance his own interests or prejudice somebody else’s, … Continue Reading

How to make time fly – HR preparation for the GDPR

Exactly one year from today, Brexit notwithstanding, the EU General Data Protection Regulation comes into effect. This is aimed primarily at commercial progressing of customer data but still has significant ramifications for HR’s handling of employee data. Compliance with the Data Protection Act as it stands will not be enough to protect against breaches of … Continue Reading

The Senior Managers Regime in 2018 … a brave new world of regulation

Andrew Pullman explores the serious people challenges for all financial institutions facing the new senior management rules and regulations in 2018   A New World From 2018, the Conduct Rules laid out in the Senior Managers Regime will apply to all financial institutions – we are expecting further details in June 2017. This is an … Continue Reading

Unclear and present danger – incorrect use of “Independent Contractor” arrangements may have expensive consequences

The ever-vexed question of whether a worker is an employee or independent contractor has once again come before the Australian courts. The recent decision of Balemian v Mobilia Manufacturing Pty Ltd & Anor provides a reminder to employers of the potential financial ramifications of getting this wrong.… Continue Reading

Webinar: New Laws in Germany Regarding Agency Workers and Freelancers − What Employers Need to Know

Squire Patton Boggs presents a webinar to discuss the recently-introduced significant reform to the laws governing the leasing (temporary hire) of personnel in Germany, which significantly affects businesses working not only with agency workers, but freelancers as well. We will provide practical advice on how to deal with this new legislation and explain what companies … Continue Reading

Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable”. Main parties’ employment manifestos reviewed

General Elections. Don’t they seem to come round more frequently than they used to? A tough call for voters, this particular one, not just because of economist JK Galbraith’s wise words above but also because the outcome won’t make the slightest difference to the biggest issue of the day, the terms on which we are … Continue Reading

In the post – FWC delivers mixed messages on dismissal for social media indiscretions

Following recent differing decisions of the Fair Work Commission (FWC) it seems that Australian employers must still tread a fine and uncertain line in determining whether employee misconduct on social media is a valid reason for dismissal. In the recent case of Stephen Campbell v Qube Ports Pty Ltd t/a Qube Ports & Bulk in … Continue Reading

Improving support in the workplace for employees with mental health issues

This post was prepared with the kind assistance of Andy Bell, Deputy Chief Executive of the Centre for Mental Health, a charity dedicated to changing the lives of people with mental health problems by improving support and bringing about fairer policies. https://www.centreformentalhealth.org.uk/. Many employers have experience of dealing with prolonged, costly and challenging sickness absences … Continue Reading

This week is Mental Health Awareness Week in the UK

What do we mean when we talk about “mental health”? The World Health Organisation defines mental health as: “a state of well-being in which every individual realises his/her potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.” The … Continue Reading

Testing times for employers in recruitment assessments

Hot on the heels of our post on indirect discrimination in employee tests for promotion   http://www.employmentlawworldview.com/indirect-discrimination-you-know-what-they-say-about-statistics/ comes another decision posing similar challenges for employers. Government Legal Service –v- Brookes concerned the Situational Judgement Test (SJT) which forms part of the recruitment process for lawyers wanting to join the Service. Ms Brookes told the GLS in … Continue Reading

SPB partner to address key Singapore compensation and benefits conference

Off to a flying start, or what? Not content with hosting the next in our series of international labour and employment law webinars http://www.squirepattonboggs.com/en/insights/events/2017/05/employment-law-worldview-webinar-series-focus-on-asia, our new L&E Asia hub partner Julia Yeo will shortly be treading the boards again with a starring role at the Tower Ballroom – but not dancing and, no doubt to … Continue Reading

Treading the thin line between incompetence and discrimination

In a boost to the cause of inept line management everywhere, the Employment Appeal Tribunal held last month that it is not permissible to extrapolate without more from conduct which is unreasonable, incompetent and lackadaisical to that which is discriminatory. The point is not wholly new. Back in 1998 the then House of Lords heard … Continue Reading

Dismissing for long-term sickness – when is enough enough?

Legally-speaking O’Brien – v – Bolton St Catherine’s Academy as reported last week is mostly about how much overlap there is between fairness for unfair dismissal purposes and justification in disability discrimination terms (in brief, very substantial).  It is also a fine illustration of how hard it is to overturn an Employment Tribunal judgement on … Continue Reading
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