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Tag Archive

Breastfeeding At Work: What Employers Need To Know

Often employers do not know what their legal obligations are in relation to employees breastfeeding at work. In this article Emma Roberts explores the law, case law and what you can do to support your new mothers.

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3 Things We Learnt In Law This Week (25 April 2019)

National Minimum Wage and Living Wage

Rates increase this month. Make sure you’re up-to-date. The new rates from 1st April 2019 are: 

  • £8.21 per hour for ages 25 and over
  • £7.70 per hour for ages 21 to 24
  • £6.15 per hour for ages 18 to 20
  • £4.35 per hour for school leaving age to 17
  • £3.90 per hour for apprentices
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The Do’s and Don’ts When Handling A Bullying Grievance

Allegations of workplace bullying are difficult for an employer to deal with because bullying can be hard to recognise and define. In this article we look at how employers can best handle a bullying grievance.

What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of the beholder – one person’s robust management style is another’s bullying, and the employer faces the unenviable task of adjudicating where the line between acceptable and unacceptable behaviour lies. While most people will agree what constitutes bullying in extreme cases, there is a grey area in the middle which may cause more debate.

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Criminal Offences Committed Outside Work – What Should an Employer Do?

What position should an employer take regarding an employee who has committed a criminal offence outside of work? 

We are all aware that, when someone is charged with a criminal offence, they are innocent until proven guilty.  Any dismissal will be unfair unless it is for one of the statutory fair reasons and as employer you act reasonably in all the circumstances.  

If an employee is convicted of a criminal offence occurring outside work, a dismissal is only likely to be fair if that criminal offence has some material impact on the employee’s ability or suitability to do their job or affects their acceptability to other employees to a material extent.

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3 Things We Learnt In Law This Week (3 January 2019)

UK Government Annouces New Code Of Practice To Tackle Workplace Sexual Harassment 

A new statutory Code of Practice will be developed by the Equality and Human Rights Commission in order to guide employers on their legal responsibilities regarding sexual harassment in the workplace. This was one of 12 actions recently announced by the UK government as it makes confronting workplace harassment a priority.

The announcements are in response to the July 2018 recommendations of the UK Women and Equalities Committee, which called for (1) putting sexual harassment at the top of the UK government’s agenda; (2) requiring regulators to take a more active role in tackling harassment; (3) making enforcement processes work better for employees by setting them out in the Code; (4) cleaning up the use of nondisclosure agreements (NDAs) used in employment contracts and settlement agreements; and (5) collecting robust data on sexual harassment in the workplace at regular intervals.

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When is it Possible to Dismiss an Employee for Gross Misconduct?

Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.

Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.

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Ensuring your Workplace Offers an Inclusive and Supporting Environment for Trans Employees

New research undertaken by ACAS, Supporting Trans Employees in the Workplace, published in August 2017, exposes that employers are failing in their efforts to understand the issues concerning their trans and intersex employees. 

Whilst transphobia and discrimination are extensively reported, little research has previously been conducted into the experiences of trans or intersex employees in the UK, which has larger implications for both managers and employees in the workplace. 

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5 Things Every Employer Should Know Before Dismissing An Employee

Regardless of the service requirement having increased to two years in 2012, unfair dismissal claims remain to be common types of claims brought in Employment Tribunals (ET), and now more often than not they are ‘dressed up’ as automatic unfair dismissal claims (i.e. those not requiring the service requirement). So I thought I would put together a quick reference guide for you to consider before you dismiss your employee.

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