Tag Archives: Guidance

Equality Commission issues guidance on NDAs in discrimination cases (UK)

The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … 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

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

EEOC Issues Long-Awaited Retaliation Guidance

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued its final “Enforcement Guidance on Retaliation and Related Issues,” which replaced the Agency’s nearly-20-year-old 1998 Compliance Manual, Section 8: Retaliation.  As the title clearly implies, the guidance primarily sets forth the Agency’s evolving interpretations of the law of retaliation.  It also focuses on the … 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

Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

Acas issues guidance on “legal highs” in the workplace

Don’t trouble yourself with this. It’s only a page long and the messages for employers are shorter still:- (i)         many “legal highs” are actually illegal, but the distinction is broadly irrelevant for workplace purposes.  You should include them as barred under your drugs and alcohol policy, but focus on their impact on the employee’s behaviours … Continue Reading

Informal not casual in new Acas guidance on responding to discrimination complaints in the UK

New Acas guidance on handling discrimination allegations in the workplace has been issued this week http://www.acas.org.uk/media/pdf/i/t/Discrimination-what-to-do-if-it-happens.pdf.  This is particularly interesting because of the degree of prominence which it gives to informal resolutions of discrimination complaints in place of the often process-driven guidance which Acas has issued in the past. Seeking an informal resolution of a … Continue Reading

Is the UK’s Fit for Work scheme fit for purpose?

Time for a quick look at the Guidance issued by the Department of Work & Pensions on the new Fit for Work (FfW) Scheme https://www.gov.uk/government/collections/fit-for-work-guidance. There are two ways of looking at this.  First, that the Guidance is a gallant attempt to explain in simple terms how this Scheme may (I use the word advisedly) … Continue Reading

Brevity not the soul of wit for new Acas Code on Flexible Working

Acas has now issued its draft Code of Practice on “Handling requests in a reasonable manner to work flexibly” (sic).  This anticipates the coming into force on 30 June this year of a general eligibility to request flexible working and the replacement of the old rigid procedures with a blanket obligation on the employer to … Continue Reading
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