Archives: Guidance

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National Labor Relations Board Issues More Useful Guidance on Handbooks and Other Policies (US)

Last December, the National Labor Relations Board issued a groundbreaking decision that gave both union and non-union employers more flexibility to protect their interests through employee handbooks and other written policies. This week, the Board’s top prosecutor – General Counsel Peter Robb – expanded on that decision and further clarified when an employers’ written policies … Continue Reading

Arizona Law Generally Exempts Franchisors From Being Considered Joint Employers With Franchisees (US)

In the wake of fluctuations in federal labor law, in particular, as interpreted by the National Labor Relations Board (“NLRB”), regarding who may be considered a joint or co-employer of an employee, in 2017, Arizona enacted its own joint employer law.  A.R.S. § 23-1604 makes clear that, at least under Arizona law, a franchisor is not a … Continue Reading

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

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

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

A year late but worth the wait? – Tribunal fee impact reviewed

After the gestation period of an elephant, the Government Review of the impact of the fees for Employment Tribunal cases finally emerged squalling into the daylight earlier this month. Weighing in at a healthy 100 pages and with a foreword by proud father Justice Minister Sir Oliver Heald, the Review takes a detailed look at … Continue Reading

Do you want the good news or the bad news? Welcome back to Judges’ opinions

Long-time Employment Tribunal practitioners will recall more or less fondly the days when every so often the Judge would suddenly send the parties out of the room mid-hearing and then lean towards one of the representatives and say incredulously “Come on, really?”. When it was said to the other side, that was absolutely the Overriding … Continue Reading

Gap analysis – the JFK approach

It would be wrong (in fact, outright churlish) to end the year without another poke at the new draft Gender Pay Gap Regulations, or rather the Government Equalities Office’s Response to the public consultation on them. This is broadly a rehearsal of the different views expressed during that consultation process, mostly concerning the mechanics of … Continue Reading

Recent redundancy exercises – learning points for HR, part 6

Protecting your enhanced severance scheme Some employers pay only the statutory minimum entitlement on a redundancy dismissal, but others recognise that redundancy is a no-fault reason for termination and try to do something to sweeten an otherwise bitter pill.  Maybe this is no more than paying in lieu of notice without deduction of tax (for … Continue Reading

Employee feedback and engagement – new methods, old rules

In Jo Faragher’s article for the CIPD’s People Management magazine September 2016 “Employee councils and social media are opening up new routes for staff to get their voices heard. But is anyone listening?” she raises a number of interesting questions about the methods and effectiveness of employee feedback The article suggests that the combination of … Continue Reading

Not all fun and games – new guidance on reporting executive remuneration

Some legal blogs stretch their analogies too far. This one doesn’t.  Whether or not you actually care about who won the synchronised swimming, what happens to unsuccessful North Koreans or why you would invent a mugging while trashing a toilet, do take a look at this clever piece on executive remuneration as an Olympic sport.  … Continue Reading

New TUC report on sexual harassment in the workplace lacks vital statistics

It is sadly impossible to write anything critical about a report on sexual harassment in the workplace without coming over like some frightful old golf club misogynist. To be clear, therefore, none of what follows seeks to belittle the distress of those genuinely harassed at work, but balance nonetheless dictates a counter-point to the TUC’s … Continue Reading
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