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

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Archives: August 2014

What did you do with your e-mail when you were away on holiday (assuming you have had one)?

“Thank you for your e-mail. I am on holiday in Manhattan shadowing a hedge fund manager to pick up ideas on how to serve my clients’ interests more aggressively. With so many alpha males involved, there are some quite heavy bonding sessions (LOL) so I may not pick up your e-mail immediately.

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The Three R’s – Redundancy, Redeployment and Reasonable Adjustments

The recent decision of the EAT in London Borough of Southwark v Charles is a timely reminder of the scope of an employer’s obligations to make reasonable adjustments for disabled staff and the liability for claims of discrimination arising from a disability under section 15 of the Equality Act.

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Restrictive covenants – latest case emphasises the importance of careful drafting

Often employers will hope to force the courts to give effect to restrictive covenants which would otherwise be unenforceable due to some minor error in drafting. The courts can amend the wording under what is known as the ‘blue pencil’ test in order to render enforceable a covenant which would otherwise have been unenforceable.

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A rough guide to: references

References have been an HR headache for years now and the subject has been considered (yet) again in the recent case of AB v A Chief Constable (2014). In this case the High Court had to balance an employee’s legitimate expectations and rights under the Data Protection Act 1998 (‘DPA’), against an employer’s public duties and the public interest.

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Trust based working hours – aka ‘VAZ’

Our blog about the 2014 Characteristics of Home Workers report  suggested that casual home working (people being able to work from home from time to time) can be good for employers and employees if some basic rules are followed. A Working Paper from the Kiel Institute for the World Economy in Germany, recently published online, supports our view and gives …

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Calculating holiday pay – what to do in the meantime

We’ve watched events unfold live at the EAT hearing and we’ve examined the legal arguments; it’s clear we won’t have a decision for some time. So, what can you do in the meantime?

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Holiday pay: After the EAT hearing has progress been made?

We spent three days holed up in the Employment Appeal Tribunal tweeting our commentary as events unfolded in the important holiday cases of Fulton v Bear (Scotland) and Wood and Others v Hertel and Amec.

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Breaking news: key points from holiday pay cases in EAT

The key summary points of the holiday pay cases in the Employment Appeal Tribunal (EAT) are:

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