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Marriage Discrimination

Marriage Discrimination

One of the least often claimed grounds of discrimination is marriage and civil partnership. Prejudice against married people is hardly widespread and there are few circumstances in which an employer might treat an employee less favourably because they were married....

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Transfer of Undertakings – changing contracts

Transfer of Undertakings – changing contracts

The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another. It has been argued in the past that this provision only applies to...

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Right to Work

Right to Work

An employer must be careful to avoid employing someone who does not have the right to work in the UK. Doing so knowingly is a criminal offence and inadvertently employing someone who is working illegally can lead to a civil penalty of up to £20,000 for an employer who...

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Unfair dismissal – gross misconduct

Unfair dismissal – gross misconduct

In considering a wrongful dismissal claim, the Tribunal needs to decide whether or not the employee is guilty of gross misconduct. When it comes to unfair dismissal that is precisely what the Tribunal should not do – at least until it comes to assess compensation. It...

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Wrongful dismissal

Wrongful dismissal

An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims. Unfair dismissal is concerned with the reasonableness of the employer’s decision to dismiss the employee. Wrongful dismissal is a contractual claim...

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Redundancy

Redundancy

It is now common practice for employers to select employees for redundancy based on their performance at an interview. Often this process appears to be similar to a recruitment exercise, with the employer selecting those who will be offered a place in the new...

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Flexible Furlough Scheme

Flexible Furlough Scheme

From this month the new Flexible Furlough Scheme is in operation. Under the old scheme an employee had to be furloughed for at least 21 days and could perform no work in that time. The new scheme allows for a furlough of any period and for employees to work part-time....

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Companies need to get it right to protect against competition

Companies need to get it right to protect against competition

Companies looking to protect their business by relying on non-compete clauses for key employees should check that any post-termination restrictions are reasonable. When an employee leaves and there is a threat of commercially sensitive information about operations and...

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Business Insurance claim rejected?

Business Insurance claim rejected?

Many businesses carry insurance which covers them for losses which arise when they cannot carry out business as usual due to an event such as a natural disaster or disease outbreak. However, the response of insurers in many cases has been to decline insurance claims...

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Moving home and Covid-19

Moving home and Covid-19

Everybody in the country is feeling uncertain during these unprecedented times, who would have thought that we would have to go into total lockdown during our lifetime. There has been concern that the property market will suffer the most, but at Wollens we have not...

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