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Tag Archive

3 Things We Learnt In Law This Week (7 February 2019)

Consultation On Extending Redundancy Protection For New Parents

A recent study by the Department for Business, Energy and Industrial Strategy found that one in nine returning to work after maternity leave were fired, made redundant, or treated in a manner which forced them to leave their job. The study also found that as many as 54,000 women per year are losing their jobs as a result of their pregnancy or maternity leave.

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3 Things We Learnt In Law This Week (24 January 2019)

Tribunal Awards NHS Manager £1m In Racial Discrimination Case

A former NHS trust manager who was unfairly dismissed and suffered racial discrimination has been awarded a reported £1 million by London South Employment Tribunal.

Richard Hastings, an IT manager at King’s College NHS Foundation Trust, was dismissed for gross misconduct in October 2015 after he was accused of assault following a dispute with a van driver in his workplace car park.

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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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3 Things We Learnt In Law This Week (17 January 2019)

Disabled Shop Worker Wins Tribunal Award From M&S Over Lift Key

An Employment Tribunal (ET) has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled shop worker with a lift key to allow him to reach the toilets more easily.

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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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3 Things We Learnt In Law This Week (27 December 2018)

Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?

Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.

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Our All New 5 Step Guide to Reducing Sickness Absence in the Workplace and Preventing Discrimination Claims

Managing sickness absence is a pivotal part of the successful running of your business. Letting sickness absence get out of control can mean that be business is not as productive, or efficient, as it could be. However, mismanagement of sickness absence can lead to a disability discrimination claim which could cost your business thousands of pounds.

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What “Positive Action” is Permitted Under Discrimination Legislation?

A key difference between positive action and positive discrimination is that positive action is lawful, provided that the employer meets the conditions set out in section 158 or 159 of the Equality Act 2010, whereas positive discrimination, generally, is not lawful.

In the context of recruitment, unlawful positive discrimination would be where an employer recruits a person because he or she has a relevant protected characteristic rather than because he or she is the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. However, there are circumstances in which it is lawful to require a job applicant to have a particular protected characteristic, for example where an occupational requirement applies.

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LEGAL UPDATE: Failure to Provide Enhanced Share Parental Pay is NOT Sex Discrimination

The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.  

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