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Are Bonus Clawback Clauses regarded as a Restraint of Trade?

Monday, 11 December 2023

When bonus clawbacks are interpreted as undue interference in preventing employees from earning money elsewhere, it could be regarded a restraint of trade - and thus, unenforceable.

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Business Restructuring, Redundancy, and Refusing Alternative Work

Tuesday, 5 December 2023

The CEBR has suggested around 7,000 UK businesses are likely to go insolvent every quarter in 2024. Employers may look at restructuring to avoid going under, but this has consequences.

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National Minimum Wage Increases in 2024

Monday, 27 November 2023

National Minimum Wage rates are set to rise in April 2024. As this is a legal obligation, employers must be aware of the new rates and plan to adjust their payrolls accordingly.

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Can Employers Retain or Make Deductions from Staff Tips?

Friday, 24 November 2023

The Answer No – under new legislation expected to come into effect in <a href="https://www.gov.uk/government/news/millions-to-take-home-more-cash-as-new-guidance-on-tipping-is-published#:~:text=The%20Act%20and%20secondary%20legislation%20make%20it%20unlawful%20for%20busine...

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Seasonal Workers: How To Safeguard Their Safety

Tuesday, 21 November 2023

With so many seasonal vacancies being filled at this time of year, it is important to ensure that temporary and/or agency staff are protected in the workplace.

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Can Agency Workers Request Predictable Working Patterns?

Sunday, 19 November 2023

The Worker (Predictable Terms and Conditions) Bill received Royal Assent on 18 Sept, granting staff the right to request set work patterns when their arrangements are varied or flexible.

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Post-Brexit Amendments to Working Time Regulations and TUPE

Friday, 17 November 2023

Following Brexit, the UK started to review and amend EU legislation covering Working Time Regulations and TUPE. Updates have been announced, and are set to come into force on 1 January 2024.

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Landowners and Livestock: A Health & Safety Perspective

Friday, 1 September 2023

Landowners who keep livestock on their land should be aware that they are under a duty to keep such animals safe and securely confined to protect the public. Cows, sheep, horses and pigs are commonly housed in fields, and it is not uncommon for them to escape from their enclosures.

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Employer’s Duty to make Reasonable Adjustments for Job Applicants

Tuesday, 29 August 2023

The Employment Appeal Tribunal case of AECOM Limited v Mallon highlights the need for an employer to undertake reasonable inquiries about the job applicant’s disability, and its impact on the application procedure.

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Do part-time employees get bank holidays if they don’t work on a day that a bank holiday falls?

Thursday, 24 August 2023

Part-time employees should not be treated less favourably in comparison to full-time employees in relation to their terms and conditions of employment. This will include their rights in relation to bank holidays.

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Are penalties to increase where Employers breach right to work checks?

Wednesday, 23 August 2023

The Answer:   Following the passing of the Illegal Migration Act 2023, the Government on 7th August 2023 published a news story of their intention to triple...

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What does the new Strikes (Minimum Service Levels) Act 2023 say?

Tuesday, 22 August 2023

The Answer: The Act received Royal Accent on 20th July 2023. The Act gives the Business Secretary powers to introduce minimum service level standards in certain public sector services. The affected services are health, fire and rescue services, education, transport and bor...

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Is the Government looking at changing the current law on Paternity Leave and Pay?

Thursday, 17 August 2023

The Answer   Back in July 2019 as part of Good Work Plan, the Government instigated a consultation process to look at reforming parental leave and pay to achieve greater equality in parenting at work. The consultation has now ended with the Government looking to implement ...

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Can an employee pursue a claim for harassment against their employer, where the employer unreasonably fails to protect the employee’s gender critical beliefs and may have participated in the breach?

Wednesday, 9 August 2023

The decision of the Employment Tribunal (ET) in the case of Fahmy v Arts Council England gives further guidance on the matter, although the decision is not binding on the Employment Appeal Tribunal.

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What new rights will be available to employees on maternity leave, shared parental leave and adoption leave?

Tuesday, 8 August 2023

The Question:   What new rights are available to employees on maternity leave, shared parental leave and adoption leave? The Answer: The regulations are not expected to come into force before April 2024 but employers should be aware of them s...

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What can HSE Inspectors do?

Monday, 31 July 2023

The Question:   What can HSE Inspectors do? The Answer:    They can make unannounced visits, carry out inspection of the premises, machinery, equipment, speak to staff and seize documents and disable dangerous equipment. The Ri...

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What is the Neonatal Care (Leave and Pay) Act about, and how will employees receive help from the new legislation?

Wednesday, 26 July 2023

The Neonatal Care (Leave and Pay) Act 2023 received Royal Assent on 24 May 2023 but will not come into force until April 2025. The Question:  What is the Act about, and how will employees receive help from the new legislation? The Answer:...

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Are the current provisions on an employee requesting flexible working arrangements to change?

Thursday, 20 July 2023

The Question: Are the current provisions on an employee requesting flexible working arrangements to change? The Answer: The Employment Relations (Flexible Working) Act 2023, that is awaiting <a href="https://bills.parliament.uk/bills/3198?mc_...

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Can a dismissal for gross misconduct be justified where the decision is based on a paper hearing?

Tuesday, 18 July 2023

The Question: Can a dismissal on gross misconduct be justified where the disciplinary chair decides to base his/her decision on a paper hearing looking at the written evidence without the attendance of the employee who is alleged to have committed an act of gross miscondu...

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How to prevent AI discriminating in the workplace

Wednesday, 12 July 2023

What are the dangers of AI using bias and discriminatory algorithms in assessing an applicant’s or employee’s suitability to work at your company or organisation?

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