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Is there a new Government statutory code on fire and re-hire practices in the workplace?

27 January 2023 | Jatinder Tara

New draft statutory code on dismissal and re-engagement introduced by the Government - January 2023

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How should employers and working families deal with strike action?

25 January 2023 | Raj Laxman

Employers should plan forward to deal with staff shortages due to parent employees not being able to work due to strike action. Employers have a duty to correctly assess dependent leave requests. Employers must review their policy and take advice on forward planning for strike action.

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The 10th anniversary of the Disclosure and Barring Service (DBS)

23 January 2023 | Shabir Karatella

This article describes what businesses can do as part of their hiring process to mark the 10th anniversary of the introduction of criminal records checks!

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Does the employer’s obligation to make reasonable adjustments extend to matters not related to an employee’s disability?

20 January 2023 | Jatinder Tara

A recent decision by the Employment Appeal Tribunal (EAT) gives further guidance on the extent of an employer’s obligation to make reasonable adjustments in circumstances where an employee has a disability- Hilaire v Luton Borough Council

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How has the cost of living crisis affected the rate of interest a court award on damages?

17 January 2023 | Raj Laxman

With the continuing and difficult financial crisis caused by the cost of living and rising interest rates, businesses will be faced with a situation where they may have to pursue individuals and other businesses for unpaid invoices. Businesses wishing to enforce a breach of contract claim should be…

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What has happened to the Protection from Redundancy (Pregnancy and Family Leave) Bill that was to give better redundancy rights to pregnant women and new parents?

13 January 2023

The law on dismissing a pregnant employee or an employee on maternity leave can be very complex and likely to get a lot more complicated moving forward when the Bill becomes law and Employers must be mindful of ensuring they meet their obligations towards such employees to avoid discrimination claim…

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The rule on ‘Without Prejudice’ and ‘Without Prejudice Save As To Costs’

28 December 2022 | Raj Laxman

What does it mean when oral or written communication are referred to as ‘Without Prejudice’ and ‘Without Prejudice Save As To Costs’? It is important that as a businessperson you understand the difference to avoid legal complications.

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Is the law on third party sexual harassment or other forms of harassment at work to change?

23 December 2022 | Jatinder Tara

Previously, The Equality Act 2010 imposed liability on employers for harassment by third parties of their employees if it occurred at least three times and was not addressed by the employer. However, these provisions were repealed on October 1, 2013, with a government in July 2012 looking to introdu…

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What is the guidance on Product Liability for manufacturers?

21 December 2022 | Raj Laxman

The Supreme Court has made a major decision the case of Hastings v Finsbury Orthopaedics Ltd [2022]. For the time it assessed the meaning of a defective product under the Consumer Protection Act 1987. The product in question was a hip prosthesis.

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Can a business owner or a member of the senior management team be held liable for health and safety breaches?

19 December 2022 | Shabir Karatella

A substantial majority of health and safety prosecutions are brought against corporate entities rather than individuals. However, there is a noticeable shift (due to the HSE Enforcement Policy Guidelines) towards personal liability under the  Health and Safety at Work Act 1974, enforced by HSE and l…

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Company Christmas Parties: What is expected from employees?

16 December 2022 | Shabir Karatella

By taking a few pre-party steps, such as reminding staff that they are "still at work" and employees following simple rules of behaviour, the event can be a fun-filled success, to be enjoyed by everyone regardless of age, race, sex, nationality, etc.

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Are your businesses IT security systems robust to avoid cyber-attacks?

14 December 2022 | Jatinder Tara

The Information Commissioner's Office (ICO) has the authority to levy fines up to £17.5 million or 4% of a company's annual global revenue, whichever is larger for data protection breaches.

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Are provisions with regards to staff requesting flexible working arrangements changing?

12 December 2022 | Jatinder Tara

Employees can currently request flexible working arrangements under the Flexible Working Regulations 2014 (1) and Part VIIIA of the Employment Rights Act 1996 if they have worked for the same employer continuously for the previous 26 weeks.

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What is the guidance for employers when arranging a Christmas party?

09 December 2022 | Shabir Karatella

The festive season is upon us, and employers and employees will be turning their attention to the event with extra anticipation after the pandemic disruption. Although this is a festive and jolly occasion, it can be ruined due to excessive consumption of alcohol, unruly behaviour, damage, and violen…

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How To Coach Your Workplace During The World Cup

29 November 2022 | Raj Laxman

World Cup fever is gripping the nation, and employers are probably wondering how they will handle the excitement about the tournament in the workplace.

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How to Avoid Participating in Algorithmic Discrimination

28 November 2022 | Raj Laxman

Employers are increasingly looking to advertise vacancies on various social media channels, but they need to carefully consider where they advertise such opportunities to avoid criticism and possible legal claims. Employers thinking of advertising jobs online should take care to avoid allegations of…

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What are the marginal differences between comparators regarding age discrimination?

23 November 2022 | Shabir Karatella

In Citibank NA v. Kirk (2022) the Employment Appeal Tribunal (EAT) ruled that where there is a marginal difference between the claimant and his or her comparator, careful consideration must be given when age discrimination is claimed. The case was referred to the Employment Tribunal for rehearing.

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What are the liabilities of directors who take out bounce-back loans?

21 November 2022 | Shabir Karatella

Since the outbreak of the COVID-19 pandemic and the introduction of bounce-back loans, increased numbers of businesses have applied for the emergency loans and then subsequently dissolved the business. This widespread practice was recognised by the government, which led to the introduction of the Ra…

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Does a dismissal need to fall with a band of reasonable responses?

18 November 2022 | Jatinder Tara

In light of section 98(4) Employment Rights Act 1996 (ERA) (1), the Employment Tribunal (ET) is required to determine whether a dismissal is fair or unfair based upon the band of reasonable responses test ("BORR"). The "BORR" test applies not only to the dismissal hearing but also to the investigati…

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How much has the National Living Wage increased?

17 November 2022 | Jatinder Tara

The Chancellor, Jeremy Hunt has delivered his Autumn Statement on 17th November 2022 and employers will need to plan ahead for wage cost increases. Following the recommendations of the independent Low Pay Commission (LPC), the government will, from 1st April 2023, increase National Living Wage (NLW)…

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