Archives

Revised Modern Slavery Guidance – limited help for baffled businesses

We weren’t very nice on this blog about the original Government Guidance on the Modern Slavery Act, largely because it really wasn’t very good. It lacked detail where structure would have been helpful, regularly confused aspiration with legal requirement and contained altogether too many uses of the word “remediation” for a document singing the praises … Continue Reading

Looking into disciplinary investigations – EAT’s lessons on when enough is enough

It is a basic plank of a fair disciplinary dismissal that it be preceded by a reasonable investigation.  But what is that, exactly?  How much detail must you include in your enquiry, how many witnesses must you grill, how far back do you have to go, how far must you challenge or test the evidence … Continue Reading

Webinar: Sweeping Changes to French Employment Law – What Employers Need to Know

Following the election of Emmanuel Macron in the French presidential elections in May 2017, and as announced during his campaign, a major and ambitious transformation of France’s labour laws has been launched. The reforms are intended to tackle mass unemployment and make France more competitive in the global market. In late August 2017 the government … Continue Reading

Webinar: Setting off on the right foot – key concerns about starting the employment relationship in the UK

Squire Patton Boggs and pre-employment screening specialists ADP present a webinar focussing on the common issues arising at the start of the employment process. On 10 October 2017 at 4.00 p.m. UK time, David Regan and Annabel Mace from Squire Patton Boggs and ADP Pre-Employment Screening Manager Kevin Stone will consider: Pre-employment screening Why do … Continue Reading

UK Government’s new corporate governance proposals – necessary measure or naked politicking?

Everyone agrees that “fat-cat pay” needs reining in, even Theresa May’s new-look caring Conservatives. This week’s announcement of the Government’s latest corporate governance proposals does not therefore come as much surprise. You can see the Government’s proposals and our review of them here http://www.globalcompensationinsights.com/2017/08/uk-corporate-governance-reform-has-theresa-may-delivered/#more-3558.… Continue Reading

Take time to understand Court Orders; do time for ignoring them

“The system will not work if people think they can ignore court orders and destroy evidence. Those who so can expect terms of imprisonment.”   Mr Dadi was an employee of OCS, an aviation cleaning contractor working at Heathrow for (amongst others) British Airways. OCS lost the British Airways contract to a competing firm Omni Serv … Continue Reading

Webinar: Key Labour and Employment Issues Affecting Employers in Australia

Squire Patton Boggs presents a webinar focussing on key labour and employment issues affecting Australian employers and overseas employers with Australian operations. On 27 September 2017 at 9.00 a.m. BST (UK) (10.00 a.m. CEST, 4.00 p.m. AWST, 6.00 p.m. AEST), Anna Elliott and Bruno Di Girolami will discuss: Business Immigration – An update on recent … Continue Reading

Restrictive covenants clauses: consistency is the key

Restrictive covenants in employment contracts are a bit like lifejackets: it’s nice to have them there and you hope that they will fit you in an emergency but you would really prefer not to have to use them. That said, if the time comes and your employees are approached by a competitor in breach of … Continue Reading

Mission Impossible? – Hospital’s obligations to cure dying relationship

Akinwunmi – v – Brighton and Sussex University Hospitals NHS Trust is the perfect example of when employment law reaches the limits of its usefulness in HR practice. For a fuller description of the facts, see Chris Lynn’s blog http://www.employmentlawworldview.com/when-20-months-unauthorised-absence-is-still-an-unfair-dismissal/. For our purposes, however, Dr Akinwunmi fell out with five of his neurosurgeon colleagues over … Continue Reading

Employer pension contributions count towards the calculation of a week’s pay

I have done my best to make this case report sound interesting and I like to think that even the most casual review of it will show that I have, well, failed. However, it is still important, especially for those involved in collective redundancy or TUPE consultations. Employers may need to revisit the potential cost … Continue Reading

UK Employment Appeal Tribunal confirms that statutory holiday pay should include voluntary overtime

One of the last remaining pieces in the jigsaw of what constitutes “normal pay” for the purpose of calculating statutory holiday pay was slotted into place by the Employment Appeal Tribunal on Monday when it confirmed that such calculations should include voluntary overtime. Willetts and Others v. Dudley Metropolitan Borough Council is a claim for … Continue Reading

Sow the wind, reap the hurricane for UK Government in Tribunal fee fiasco

There was a great deal of entirely unfair schadenfreude directed at the Government last month over its abject failure to justify the Employment Tribunal fees regime in front of the Supreme Court. After all, apart from the report of its own Justice Committee, the views of everyone else from both sides of industry and all … Continue Reading

Staying in tune with whistleblowing law – just what is “the public interest”?

Back in 2015 we reported on the Employment Appeal Tribunal’s decision in Chestertons, a ruling which struck fear into the hearts of employers everywhere by the ease with which it suggested that employees could bring their personal complaints into the whistleblowing arena just by referring to other people who might be similarly affected http://www.employmentlawworldview.com/who-is-the-public-in-public-interest-asks-the-tribunal/. In … Continue Reading

Putting your money where your mouth is – are injured feelings index-linked?

Through a long and not very relevant series of arguments, the Court of Appeal in De Souza – v – Vinci Construction (UK) Limited has just decided that in effect they are. This is not a surprising conclusion, since otherwise inflation would erode the value of such awards as either proper compensation for the employee … Continue Reading

Technological advances in the workplace – enabling communication or undermining it?

Many thanks to summer vacation student Hannah Meahan for this great review of the potential human cost of new technology in the workplace. Technology has permeated our everyday lives and workplaces. HR professionals will be aware of the numerous benefits of technology in the workplace – it often ensures that processes are more efficient, increases … Continue Reading
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