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

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Archives: April 2016

Calculating holiday pay: Voluntary overtime forms part of ‘normal pay’

We recently covered the decision from the Northern Ireland Court of Appeal in the case of Patterson v Castlereagh Borough Council which held that voluntary overtime can, in principle, be included for the purposes of calculating holiday pay. Whilst that decision is not binding and only persuasive in England, Wales and Scotland, it appears that the Midlands West Employment Tribunal …

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How to save £20,000 per employee – our top 10 tips regarding “Right to Work Checks”

It is unlawful to employ someone who does not have the right to carry out the work in question, and employers can be subject to a civil penalty of up to £20,000 per worker for any breach of this.

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Gutierrez scores victory – footballer wins disability discrimination claim

Following our recent blog on Jonas Gutierrez’s disability discrimination claim against Newcastle United Football Club, a decision has now been handed down by the Birmingham Employment Tribunal and it was a good result for the Argentinian.

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Data protection – new, more onerous rules and greater penalties from 2018

At the same time the EP also approved a new EU Trade Secrets Directive which similarly will set a minimum common standard for laws protecting trade secrets within the EU. Data protection rules will become more onerous and organisations will face potentially crippling fines of up to 4% of their global turnover for data protection breaches. Currently the maximum penalty in the UK is £500,000.

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Enforcing restrictive covenants – latest case reinforces key principles

It’s a well-established principle that in order for a contractual term restricting an employee’s activities post-termination of employment to be enforceable, the employer must show that it has a legitimate business interest to protect and that the protection sought is reasonable.

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Contacting absent employees – what’s your motive?

The Employment Appeal Tribunal (EAT) has recently held in the case of Private Medicine Intermediaries Limited and Others v Hodkinson that an employee was constructively dismissed when the employer raised written concerns with her about her performance whilst she was on sick leave.

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Shared parental leave – one year on

Shared parental leave (SPL) was introduced in April 2015 and was designed to encourage parents to share family leave and improve gender equality in the workplace.

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Discrimination by the magpies: It’s not black and white

Jonas Gutierrez, who signed for Newcastle United Football Club (for the uninitiated, also known as the “magpies”) in July 2008, has brought an employment claim against his former club in the region of £2 million on the grounds of disability discrimination.

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