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Archives: June 2017

Social Media Pitfalls #watchwhatyoupost

With the rise in the use of social media, cases involving social media are becoming ever more common. In this recently handed down Judgment the Tribunal found that the dismissal was neither wrongful nor unfair. Background Mrs Plant had been employed by the Respondent for 17 years as a machinery operator. At the time of her dismissal she had a …

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Time for a Move – ‘Relocation, relocation, relocation’

An office move or an individual relocation of an employee can often be a legal headache for employers. We can help you avoid this by providing below a timely overview as to the legal position and cases dealing with this issue.

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Farmah and ors v Birmingham City Council: implications for multiple claims

Including multiple claims on one claim form can lead to a significant cost saving for a claimant and is often seen in the context of equal pay.  In the case of Farmah and ors v Birmingham City Council the EAT determined whether equal pay claims involving claimants doing different work could be included in the same form.

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Proposed EU citizens’ rights post-Brexit – A certain uncertainty?

Theresa May addressed Parliament on 26 June 2017 to outline the post-Brexit proposal on the status of EU nationals living in the UK. Mrs May said she wanted to give “reassurance and certainty to EU citizens who have made their homes and lives in our country”.  Furthermore, it was made clear that “no EU citizen currently in the UK lawfully …

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The Queen’s speech June 2017: Key implications for employers

After only a slight delay, the much anticipated Queen’s speech went ahead on Wednesday 21 June 2017. The government has announced that there will not be a Queen’s speech in 2018 and so the details of the legislation set out cover the next two years.  The main employment law implications are as follows:

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The duty of fidelity: Can an employee lie to their employer about their plans to set up in lawful competition?

In the case of MPT Group Limited (MPT) v Peel and others (the Defendants) the High Court has found that two employees did not breach the duty of fidelity when they failed to answer truthfully questions about their intentions to set up in lawful competition.

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Paid annual leave: Workers allowed to carry over leave until an ‘adequate facility’ is provided

Is a worker required to take leave first before being able to establish whether s/he is entitled to be paid for it?  The Court of Justice of the European Union (CJEU) Advocate General has recently considered this proposition in the case of King v The Sash Window Workshop Ltd (SWW Ltd) and anor and his Opinion finds that such a …

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Shared parental leave: Should employers match enhanced maternity pay?

In the case of Capita Customer Management v Ali, the Employment Tribunal ruled that a male employee was directly discriminated against when his employer refused to allow him to take shared parental leave at full pay under the terms of its family friendly policies.

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Another hung Parliament, another minority Conservative Government… what may change in the world of employment law?

The 8 June 2017 snap election predicted by all to be a Tory landslide has backfired on Theresa May in the most spectacular fashion and has resulted in another hung Parliament. Yet in spite of this, she has announced that the she will push ahead and form a minority government with the informal assistance and backing of the Democratic Unionist …

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Discrimination arising from disability: When does disability-related absence cause a dismissal?

In the case of Charlesworth v Dransfields Engineering Services Limited (DES) the Employment Appeal Tribunal (EAT) has upheld a Tribunal’s decision that there was no discrimination because of something arising in consequence of disability when an employee was made redundant following a period of absence for cancer treatment.  Although the Claimant’s two month absence was part of the context, it …

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