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9 Feb 2016

Sexism in recruitment: what not to write down when recruiting…

Employers have to be very careful during both the recruitment stages, and the course of employment itself to ensure acts or comments cannot be construed as discriminatory. The recent case of Lucia Pagliarone v Immuno Biotech, has highlighted some of the issues employers face when recruiting. Although heard on Guernsey, it is likely that an […]

21 Jan 2016

Can an employer withdraw a job offer due to a negative reference?

It’s no wonder that employers now give just bland references confirming dates of employment job titles only. The giving of references can create a maelstrom of difficulties – and not giving a reference is fraught with problems too. In a recent case before the EAT, Pnaiser v NHS England, the reference giver and the prospective […]

19 Jan 2016

Commission and holiday pay: British Gas v Lock back under the spotlight – but no news yet!

Mr Lock’s success in arguing that his holiday pay should include his commission element has scared the wits out of employers. British Gas however has appealed and the case was in the Employment Appeal tribunal last month. We wait with baited breath for the outcome……   Recap You might remember that Mr Lock claimed that […]

14 Jan 2016

ECHR says employers free to snoop – well, they already could

It’s all over the press with headlines such as “Bosses free to spy on employee emails”, “Bosses can snoop” and references to “big brother”. This week, the European Court of Human Rights (ECHR) ruled in a Romanian case that there had been no breach of the employee’s right to privacy when the employer accessed the […]

12 Jan 2016

How much influence can HR departments have on sanctions and dismissals?

In the recent case of Ramphal v Department for Transport, the EAT looked at a HR department’s influence over the decision to summarily dismiss an employee for gross misconduct. Although in the case at hand, the investigating officer found that there was misconduct, he did not himself believe that it warranted a dismissal, but a […]

8 Dec 2015

BIS publishes guidance on zero hour contracts

The Government appear to be reacting to the controversy surrounding zero hour contracts and exclusivity clauses, with the Department of Business, Innovation and Skills (BIS) publishing guidance for employers and draft regulations. BIS guidance now suggests that: Zero hour contracts are only appropriate in situations where an employee is engaged in seasonal work or a […]

3 Dec 2015

City Link: red tape requirement serves as a warning to directors

It’s bad enough that your business is having to make redundancies, which means you are probably in a tricky place commercially to say the least. But what if you overlook submitting the HR1 to the Secretary of State? Recently the Secretary of State prosecuted three former directors of City Link for failure to do just […]

24 Nov 2015

Sometimes it’s no party after the Christmas party. Unfair dismissal claims: when is it ok to sack one employee but not another?

With it almost being Christmas party season, I thought I would cover something perhaps a bit topical. I was asked last week whether we get lots of calls from clients after Christmas parties. Truth be told, I am disappointed to say that the answer is “not so much any more”. However, the EAT recently ruled […]

12 Nov 2015

The tricky question of dismissing long term sick employees….

We are often asked how far employers need to go before dismissing an employee who is off sick long-term. This is frankly a tricky one which is why we thought we’d flag the recent case of Monmouthshire County Council v Harris in which the Employment Appeal Tribunal (EAT) gave us some useful reminders. The facts […]

5 Nov 2015

Whistleblowing: can the public interest test be satisfied more easily than first anticipated?

The recent case of Underwood v Wincanton saw the Employment Appeal Tribunal (EAT) give further consideration of how to interpret the words “in the public interest” for the purposes of protected disclosure. In June 2013 the public interest test was introduced to prevent workers from relying on breaches of their own employment contracts as protected […]