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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further

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Archives: June 2014

Part one holiday pay state of flux: Our predictions

Ahead of the Employment Appeal Tribunal (EAT) decision in the combined cases of Fulton v Bear and Neal v Freightliner, it is time to do some crystal ball gazing and start predicting the possible outcomes and implications of this landmark UK decision on the calculation of holiday pay.

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Government announces increased protection for whistleblowers

As we discussed in our last blog on the subject, back in April this year, whistleblowing is rarely out of the news. And so it would seem, with the latest range of stories involving whistleblowers from the NHS and the Police force, to employees of care homes and detention centres. Of course, these are simply the stories making the headlines …

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Proposed zero-hours reform tips scales back in employees’ favour

Zero-hours contracts have become something of a cause célèbre for the UK national press as more and more employers and employees have turned to “contingent work” in the attempt to combat a weak employment market in the post-recessionary economy, and as cases of alleged abuses by high-profile employers have come to light.

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Tribunal fees = increase in trade union members

There is evidence beginning to emerge that the implementation of Tribunal fees may have contributed to an increase in trade union membership.

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Switzerland:Development of social plans. A step too far?

We have seen a great deal of concern expressed by trade unions across the EU about the failure to tackle the immediate and future ramifications of re-structuring arrangements and redundancy programmes. This has stimulated a great deal of discussion about social plans and their value in alleviating the exercises of social-economic dislocation following the reduction of workforce numbers. Switzerland has …

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Flexible working – fresh challenges for employers

Next week (30 June) employers face a fresh challenge in relation to flexible working requests. All employees who have at least 26 weeks’ continuous service will be entitled to apply for flexible working. 

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Working lunch?

When the Working Time Regulations (WTR) came into force in 1998 they spelt a sea change in employment rights with limits on maximum working hours, compulsory rest breaks and paid leave. Many employers already provided their staff with these rights in their contracts but equally others, typically smaller businesses with lower paid employees, had not.

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Can obesity qualify as a disability ?

Can obesity qualify as a disability for the purposes of identifying disability discrimination? It is precisely this question that the Court of Justice of the European Union (CJEU) has been asked to consider in the case of Kaltoft v Billund Kommune. The case was referred to the CJEU by the Danish courts and was heard on 12 June 2014. The …

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Associative discrimination – Court of Appeal decision

Regular readers will have followed our blog where we considered whether the Equality Act 2010 could be stretched so that employers would not only be responsible for direct discrimination claims in relation to associative discrimination but also may be liable to make reasonable adjustments for those who in the main would be caring for individuals who may have a disability.

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Blowing the whistle in France!

Traditionally, companies in France trying to utilise hotlines as part of whistleblowing policies and procedures have struggled as the French authorities have a tendency to view them as non-compliant with national legislation and therefore null and void.

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“WFH” today? Key steps to getting the best out of your casual home workers

When the Office for National Statistics recently published its 2014 report on Characteristics of Home Workers we asked employment partner Kevin Jaquiss, who is working at home at present, to look at it. Here are his thoughts.

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Queen’s Speech 2014: zero hours and employment tribunals targeted

In the Queen’s Speech today (4 June) there were several employment law proposals mostly targeting employment tribunals and zero hours contracts.

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Disability Discrimination: All change?

There have been some recent interesting developments in relation to “associative discrimination”. Regular readers will be aware that individuals can claim protection under the Equality Act 2010 because of their association with a person who has a disability. A classic example would be where a father is not promoted in the workplace because he has a disabled child and the employer …

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Do all roads lead to Denmark?

A recent report by the International Trade Union Congress (ITUC) has examined the role and rights of trade unions and worker organisations across some 139 countries. It has produced a global rights index based on what they perceive to be required rights for workers including the freedom of association, collective bargaining and the right to strike.

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How do I support my employees during Ramadan?

Ramadan is the ninth month in the Islamic calendar. It is a period of prayer, fasting, charity giving and self-accountability for Muslims. This year Ramadan begins on 6th June and lasts for one month ending on 7th July. Ramadan and in particular the observation of the fast from sunrise until sunset is particularly difficult during the summer period due to …

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Legal news, views, trends and tools for HR Professionals. Stay ahead. Go further