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

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Archives: November 2014

Holiday Pay Latest!

The WSB has reported that Unite will not be appealing the EAT’s decision in Bear v Fulton on how to calculate certain overtime in holiday pay. 

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The story of the year: A closer look at the EAT’s decision on holiday pay

We provide some further analysis and guidance on the recent decision in the Employment Appeal Tribunal on holiday pay (sometimes the relevant cases are referred to as ‘Hertel’ or ‘Bear’) (the “judgment”).

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Reforms in Italy cause worker unrest

Unions, workers, students and left wing activists across major cities in Italy took to the streets last Friday to protest vehemently against planned reforms by the Italian government which will make it easier to sack workers.

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Employing seasonal workers

With the Christmas season almost upon us, many companies are preparing for their busiest time of year and employing seasonal staff to meet an increase in demand.Following Amazon’s phenomenal 2013 Christmas takings of £13 billion, the company has announced plans to hire 13,000 extra people to work in its distribution and customer services centres over the coming festive period.

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Understanding equal pay audits

Despite the Conservatives’ preference for a voluntary approach to gender equality reporting, as per the Think, Act, Report Initiative, compulsory audit provisions came into force on 1 October 2014 and reveal a tough stance against employers who break the law on Equal Pay; this reflects that it formed part of a mid-term agreement with their Liberal Democrat coalition partners.

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Dealing with addiction part three – implementing a “Contract of Commitment”

In our two previous blogs we have talked about ways of identifying those employees with substance abuse problems and how to deal with such employees. We have also touched on other, more innovative, ways of supporting an employee with substance abuse problems.

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Dealing with addiction part two – how to manage a dismissal

In part one of our blog on dealing with addiction we addressed  how to spot addiction problems and the issues around disability discrimination. In part two we look at how to conduct a fair dismissal.

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Dealing with addiction part one – identifying the problem

Many of us have been known to enjoy a drink or two and many employers often throw staff parties at which some may get a bit worse for wear. There is a difference, though, between someone who has a blow-out every now and again and those with problems of addiction and substance abuse.

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Facing rejection

It seems that predictions that the ACAS Early Conciliation (“EC”) scheme would give rise to satellite litigation are beginning to be realised. Although statistics show that the EC scheme is resolving a number of disputes, it is also creating some, and we have recently become aware of the first reported example of a claim being rejected because the Claimant had …

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Planning for a crisis

Effective crisis management requires a forward-thinking and systematic regime. It is almost impossible to predict when and where a future event will occur and so preparation is crucial.

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Part three: Shared parental leave – the right to refuse leave

The new incoming right to shared parental leave, and the flexibility this affords new parents, is a fairly major sea change. It is also a cause of concern to millions of employers, who perceive it as difficult to manage without adversely affecting the effective running of their businesses. There is a further fear that it will require vast amounts of …

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Part two: Shared parental leave – how to manage the flexibility of leave

The new incoming right to shared parental leave (SPL), and the flexibility this affords new parents, is a fairly major sea change. It is also a cause of concern to millions of employers, who perceive it as difficult to manage without adversely affecting the smooth running of their businesses. There is a further fear that it will require vast amounts …

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Part one: Shared parental leave – key steps to administration

The new incoming right to shared parental leave (SPL), and the flexibility this affords new parents, is a fairly major sea change. It is also a cause of concern to millions of employers, who perceive it as difficult to manage without adversely affecting the smooth running of their businesses. There is a further fear that it will require vast amounts …

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Enforcing restrictive covenants: Lessons learnt from recent case law

A restrictive covenant that restricts an employee’s activities after termination is void, unless the employer can show that it has a legitimate interest to protect. Failing that the restriction will be void for being a restraint of trade and contrary to public policy. This article considers recent case law and gives practical tips on the enforceability of restrictive covenants.

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Half bricks are like half-truths: both travel twice as far – dispelling the myths of the living wage

The ‘Living Wage’ stimulates a great deal of debate amongst employers and economists. For some it is about creating an economic environment whereby those who are traditionally in low paid jobs receive a wage which enables them to have a decent standard of living.

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Mobility clauses and redundancy

A client recently asked for advice in relation to relocating an employee. Moving an employee’s place of work can often be a complex problem for employers to deal with in light of issues around redundancy and constructive/unfair dismissal.  

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The Carr Report and the future of industrial relations in the UK – an opportunity missed?

On 15 October 2014 the Government published the report of the independent review of the law governing industrial disputes.

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Holiday appeals found in favour of employees – non-voluntary overtime must be included

The EAT has this morning handed down judgment in the joint appeals of the Bear Scotland, Hertel and Amec cases. The judgment confirms that workers have the right under Article 7 of the Working Time Directive (WTD) to be paid “normal remuneration” during their 4 weeks “EU leave”.

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