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Tag Archive

3 Things We Learnt In Law This Week (13 December 2018)

Is veganism a “philosophical belief” that should be protected by law?

An employment tribunal is being asked to decide whether veganism is a “philosophical belief” and therefore, should be protected by law.

The landmark case, which is listed for March 2019, will help determine whether veganism is a “philosophical belief” and therefore, should be legally protected.

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The Legal Risks Around Mismanagement of Mental Health Issues

Wednesday was World Mental Health Day, a good time for employers to look at their legal obligations towards staff who are suffering with mental health issues.
In this article we bring you up to speed with some of the issues which surround mental health in the workplace and provide you with a broad outline of some of the potential claims that might arise if you mismanage an employee who is suffering with mental health issues.

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How to deal with laying employees off

In some industries work is seasonal and employees expect a short lay off and/or ‘short time’ working period per year to cater for this, most employees use this period to take their annual leave. Unfortunately for the majority of businesses laying staff off or putting them on short time hours has resulted from the challenging economic climate.

Businesses continue to face hard decisions like whether they should make staff redundant or whether they should consider a temporary ‘lay off’ period in the interim to ascertain whether business will eventually pick up. 

So when is it appropriate for a lay-off or short-time working? 

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Constructive Dismissal Reasons: Test Reaffirmed

Bringing or defending a claim for constructive unfair dismissal can be a tricky business at the best of times. Much of this difficulty for both an employee in claiming and an employer defending can be in diving what the substantive reasons are for the resignation in response to a purported fundamental breach of contract on the part of the employer.

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How enforceable are restrictive covenants?

Restrictive covenants (“RCs”) are the contractual terms restricting an employee’s activities after termination and are often critical to some employer/employee relationships, particularly where the employee concerned is senior or vital to the employer’s business. Over the last few years the courts have given them a new lease of life, though it remains a complex area of law where mistakes are frequently made both by employers and employees.

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How and when to ‘lay-off’ or place employees on ‘short time’ working

In some industries work is seasonal and employees expect a short lay off and/or ‘short time’ working period per year to cater for this, most employees use this period to take their annual leave. Unfortunately for the majority of businesses laying staff off or putting them on short time hours has resulted from the challenging economic climate.

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