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

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Archives: March 2015

Employment law changes April 2015

2015 continues to be an exciting year in employment law and it’s that time of year again when the new tribunal limits come into play and we familiarise ourselves with new legislation coming into force. Below we summarise the key changes.

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Election 2015: Proposed employment reforms

Pre-election purdah is upon us and election fever is sweeping the country with no doubt many of us looking forward to the excitement of the BBC’s traditional ‘swingometer’.

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The Clarkson furore – lessons for the ordinary employer

The dismissal of Jeremy Clarkson from the BBC, or to be more accurate, the decision not to renew his contract at the end of the month, has provoked an unprecedented level of controversy with over one million people signing a petition to reinstate the presenter after he was suspended.

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Shared Parental Leave – our flow charts will help you navigate the changes

The introduction of Shared Parental Leave marks a sea change in the UK’s approach to family friendly rights, balancing both the rights of fathers to be more heavily involved in the first year with their new offspring, and the corresponding right of mothers to be able to return to their careers whilst still ensuring that the child benefits from parental …

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Holiday pay and commission: Judgment delivered in Lock v British Gas

UNISON has today (25 March) reported via Twitter that the much anticipated judgment in the Lock v British Gas Trading Limited case has been delivered by the Leicester Employment Tribunal.

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Shared parental leave – ten ticks for eligibility

The eligibility requirements for new shared parental leave may sound confusing, but it is actually very straightforward – only if all the prerequisite conditions are met is the parent eligible, as can be seen in our Ten ticks for SPL guide.

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‘Left-wing democratic socialism’ can be a philosophical belief under the Equality Act

In the recent case of GMB  v  Henderson the EAT considered whether an employee’s ‘left wing democratic socialism’ constituted a philosophical belief and whether the employer’s treatment of the employee amounted to harassment.

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The most common mistakes employers make when managing performance

Managing poor performing employees is often avoided until a situation reaches boiling point. Rather than being seen as a negative aspect of management, approaching performance concerns early and in a consistent manner can help support employees, improve morale and drive business growth. We consider the top mistakes employers make when dealing with performance and how they can be avoided.

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Does abstention from coca-cola count as a substantial impairment in ordinary day to day activities?

Type 2 Diabetes, controlled by diet, is not a disability for the purposes of the Equality Act 2010. You may be wondering why (or indeed, if) this is a newsworthy point. That certainly seems to be the view of Judge Serota QC in his entertaining judgment in the case of Metroline Travel Limited v Stoute.

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“Health surcharge” – the increasing cost of a visa

The government has now confirmed the details and date of introduction of the new “health surcharge”, set to be levied on nationals from outside of the European Economic Area (EEA). Presently such migrants receive free NHS treatment in the same way as permanent residents, but that is all set to change.

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Zero-hours contracts and the exclusivity clause ban

With the General Election looming, many employment matters are the subject of debate. What continues to be a key employment issue is the controversial topic of zero-hours contracts.

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The importance of demonstrating a holistic approach to assessing whether an employee is considered disabled

The recent Employment Appeal Tribunal (“EAT”) case of Donelien v Liberata UK Ltd confirms that employers must demonstrate they have taken ‘reasonable steps’ to establish whether they consider an employee is disabled.

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The top 10 mistakes employers make when handling a redundancy

No one likes to make redundancies. However; handling a redundancy fairly and sensitively can prepare an employee to face the job market and to leave the workplace with dignity. This, in turn, reduces the risk of successful tribunal claims and/or reputational damage for the employer.

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The most common mistakes employers make when handling a grievance

Dealing with grievances promptly and fairly can prevent problems developing into major issues in the workplace. If grievances are not dealt with or are handled badly, the problem is likely to grow and permanently damage the trust and confidence underpinning the employment relationship.

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Contractual v Automatic enrolment – do you understand the differences?

Automatic enrolment means that once an employer has passed their staging date it is required to automatically enrol eligible jobholders into a scheme with effect from the date they become eligible, unless they are already a member of the employer’s pension scheme. Both of these schemes meet certain quality requirements.

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