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SUMMARY A clawback provision can disincentivise an employee to resign, but this is not the same as a restraint of trade. A full copy of the Approved Judgement – Steel v Spencer Road LLP – Clawback provisions: Restraint of trade can be found by Clicking Here. Steel v Spencer Road LLP – Clawback provisions: Restraint […]
More than 500 businesses, including Greggs and Harrods, failed to pay some of their employees the minimum wage, according to a list released by the Department for Business and Trade. The analysis, which covers breaches between 2015 and 2023, shows that recruitment agency Staffline topped the list for failing to pay 36,767 workers correctly, while Estée […]
As an employer, you must protect your workers from the risks of manual handling injuries in the workplace. You can find help with preventing these sort of risks in your workplace on the HSE manual handling website pages. There is a range of information and advice for employers, including sections on assessing manual handling and training for workers. […]
The Equality and Human Rights Commission (EHRC) issued the guidance to clarify the legal obligations to workers going through the menopause. Symptoms can include hot flushes, brain fog and difficulty sleeping. The EHRC said bosses should offer changes such as providing rest areas or flexible hours to help. Relaxing uniform policies to allow women to […]
A new statutory Code of Practice concerning certain controversial dismissal tactics will, the Department for Business and Trade (DBT) argues, protect workers’ rights whilst respecting business flexibility.Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer sacks an employee and then offers them a new contract on new, often less favourable, […]
Summary: Whistleblowing protection does not extend to external job applicants. Note for employers: This case clarifies the level of protection that job applicants can be given against whistleblowing and confirms that it will not be applied to external applicants, save under limited NHS job candidates not applicable in this case. Nevertheless, even though the […]
According to the latest Labour Market Outlook, produced by the Chartered Institute of Personnel and Development (CIPD), employers’ basic pay increase expectations over the next 12 months have fallen for the first time since spring 2020.Having held steady at 5% for more than a year, UK employers expected basic pay increases for the year ahead have […]
Welcome In this Quarters February 2024, Employment Law Newsletter edition we discuss: The Employment Tribunal considered whether a university professor had been directly discriminated against, harassed and victimised for her gender-critical beliefs. Employment contract affirmed in a case of constructive dismissal. All the relevant features of the case must be considered, not just the length […]
The Office for National Statistics (ONS) has revised its estimates of the size and shape of the UK labour market showing that it has a bigger workforce, with employment up 170,000 compared to previous estimates.However, the ONS has also highlighted that the number of people economically inactive due to long-term sickness has been revised up […]
Plastic Omnium Automotive Ltd v Horton – Employment status: Legal test: Summary: When determining an individual’s employment status, it is always important to return to the tests set down in the law as shown in Plastic Omnium Automotive Ltd v Horton. Law: Employment status has been the subject of much debate over the years, and […]
The Ministry of Justice (MoJ) has launched a consultation into the proposed reintroduction of modest fees in the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT). With full details available at https://consult.justice.gov.uk/digital-communications/introducing-fees-employment-tribunals-eat, it states that the aim is to contribute to the continuous improvement of the Courts and Tribunals Service and to reduce the cost to […]
One of the many things I have learnt since I have been fortunate to be in employment within a wide range of sectors and roles prior to moving permanently to HR is the importance of Dotting the I’s and Crossing the T’s. Many of our clients have very successful businesses who have had to adapt […]
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