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Holiday calculations and the impact of the Harpur Trust v Brazel & Union 2019 case

13 August 2021 | Jatinder Tara

Prior to the case of Harpur Trust v Brazel & Union 2019, holidays calculations for those workers not on fixed hours could be based upon 12.07%.  Each holiday year a person working 5 days or more gets 28 days holidays ie 5.6 weeks holiday (28 days divided by 5 days) under the Working Time Regulations…

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Coronavirus Job Retention Scheme Extended FAQs

09 August 2021

On Thursday 17th December 2020 the government announced the Coronavirus Job Retention Scheme (CJRS) has been extended until 30th April 2021.

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The New Graduate Work Visa

06 August 2021 | Raj Laxman

If you are an employer who employs international students as part of your staff team you should beware of the new Graduate Visa route available to them from the 1 July.

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Short Service Restrictive Covenants

03 August 2021 | Shabir Karatella

Generally, any post-termination restrictive covenant that attempts to stop or restrict any employee from seeking employment elsewhere, is prima facie unenforceable unless proved to be fair, reasonable and necessary. This case highlights the problems associated with short service and short notice pro…

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Constructive Dismissal - Health and Safety Breaches by Employer

16 July 2021

Ms Flatman worked as a Learning Support Assistant in a school. From September 2017, her duties included looking after a disabled pupil, which involved lifting the child on a daily and regular basis. She repeatedly requested manual handling training.

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The importance of a social media policy

15 July 2021 | Raj Laxman

The importance of a social media policy should never be underestimated by an employer. The employer is responsible under a duty of care to all their employees, and they can be held vicariously liable where employees are victimised and discriminated inside the working environment and potentially o…

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Indirect discrimination over an employer’s provision

14 July 2021

When can a working mother allege indirect discrimination over an employer’s provision, criteria or practice that impacts her childcare obligations? Indirect Discrimination Indirect discrimination in the context of the above question, arises when an organisation has a particular policy linked to a…

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Is sex binary and immutable?

05 July 2021 | Eleanor Greenwell

In the case of Maya Forstater v CGD Europe, it was concluded that any person holding gender critical beliefs, such as sex being binary and immutable, is to be protected under section 10 of the Equality Act 2010 – as a philosophical belief.

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Bonus and Maternity Pay

28 June 2021 | Eleanor Greenwell

Whilst an employee is on maternity leave, she is entitled to the benefits of her terms and conditions of employment (section 71 Employment Rights Act 1996) other than remuneration (section 71(5) Employment Rights Act 1996).

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What is ‘working time’ under the Working Time Directive?

23 June 2021

The European Court of Justice (ECJ) has given its decision in two recent cases in relation to the issues of ‘stand by’ and ‘on call,’ which may be used as guidance by the UK Employment Tribunals on how to interpret the Working Time Directive.

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Extra Bank Holiday in 2022 to Celebrate the Queen’s Platinum Jubilee

22 June 2021 | Raj Laxman

Her Majesty the Queen’s 70th anniversary as monarch will be celebrated with a 4-day weekend of national celebrations. The extra bank holiday will be allocated on Friday the 3rd June 2022.

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Employee wanting to take holidays abroad - what can the employer do?

18 June 2021 | Jatinder Tara

The restrictions to travel aboard were lifted from 17th May 2021 and although there are no longer a legal prohibition to travel aboard the Government have introduced a traffic light system.

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COVID - Testing of Staff

18 June 2021 | Jatinder Tara

Government guidance suggests that around 1 in 3 individuals with COVID-19 do not display symptoms; in anticipation of entering into phase 3 of the road map to ease lockdown, the Government rolled out COVID-19 lateral flow testing initiative...

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Clarity over Agency Worker Regulations

16 June 2021 | Eleanor Greenwell

The simplified rule for Agency Workers is that from Day one they must be given access to the company’s facilities such as car parking, canteen and access to any job vacancies the business may have online. Agency Worker Regulation After 12 weeks of service, workers should be given equal treatment t…

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Unconscious bias within the workplace

15 June 2021 | Eleanor Greenwell

The topic of unconscious bias is a popular one, particularly in the workplace as many colleagues have their own perception of the people around them.

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Furlough Scheme Payments changing July 2021

11 June 2021 | Jatinder Tara

Although the furlough scheme is to continue to 30th September 2021 but from 1st July 2021 the furlough scheme payments provisions will be changing with the financial contributions from the employer starting to increase.

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Employers be aware of the right to work rules

10 June 2021 | Raj Laxman

Currently anyone employing a citizen from a European Country is obliged to carry out a right to work check. What employers do not currently have to do is ask when the person came to the United Kingdom.

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Witness Anonymity

08 June 2021 | Eleanor Greenwell

As part of any investigation procedure the employer should be able to rely on anonymous witness statements to confirm any dishonest actions of the employee in question.

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Equal pay for equal value work - the Asda Supreme Court ruling

07 June 2021 | Jatinder Tara

Under the Equality Act 2010, men and women have the right to receive equal pay for equal work doing the same job. But this right also extends to work which is broadly similar and work that rates as equivalent ie, the level of skill, responsibility and effort needed are equivalent or work which is of…

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Covid 19 and returning to the workplace

04 June 2021 | Raj Laxman

Covid 19 stopped many businesses from operating and many had to adapt to allow key employees to operate from the office and other employees to work from their homes for the safety of all the employees.

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