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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...

Unfair dismissal – knowledge of employer

Unfair dismissal – knowledge of employer

The Supreme Court decided last year that knowledge of a manager other than the dismissing officer can be attributed to the employer when establishing the reason for the dismissal (Royal Mail v Jhuti – where the real reason for dismissal, whistleblowing, was hidden...

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Unfair dismissal – criminal charges

Unfair dismissal – criminal charges

The Employment Appeal Tribunal has looked at whether it is fair to dismiss an employee who has been charged with a crime. In Lafferty v Nuffield Health, the employee was a porter at a charity. He had 20 years' service and a clean disciplinary record. One of his duties...

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Coronavirus

Coronavirus

Coronavirus (COVID-19) is grabbing the headlines as it spreads over the globe and more cases are diagnosed in the UK. The impact of the virus on employees and business is worrying for employers. Some guidance has been published recently which employers might find...

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Employment & Business Club hits the road for 2020

Employment & Business Club hits the road for 2020

Expert advice in the ever-changing world of business is being offered by a specialist club organised by the team at Wollens solicitors. The Wollens Employment and Business Club has proved to be very popular with businesses of all sizes and is now back for 2020. It...

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Whistleblowing in a public or private capacity?

Whistleblowing in a public or private capacity?

Section 47B of the Employment Rights Act 1996 says that an employer must not treat a worker badly (subject them to a detriment) if they have 'blown the whistle' on wrongdoing (made a 'protected disclosure'). In Tiplady v City of Bradford Metropolitan District Council,...

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Equal pay

Equal pay

The Equality Act 2010 sets out the law in relation to equal pay. Male and female workers should be paid the same for doing the same job (like work), work which is given the same rating under a job evaluation scheme (rated as equivalent) or work of equal value, unless...

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National minimum wage increases

National minimum wage increases

You may remember that the Low Pay Commission reported to government back in Autumn 2019 and recommended increases to the national minimum wage and national living wage. The national living wage is the minimum pay required for workers who are aged 25 and older. It is a...

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The Equality and Human Rights Commission guide to harassment

The Equality and Human Rights Commission guide to harassment

Employers must protect their workers from discrimination and harassment. An employer will be legally liable for harassment at work if they have not taken reasonable steps to prevent it. The Equality and Human Rights Commission has published some technical guidance on...

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Unfair dismissal – suspension

Unfair dismissal – suspension

Many employers automatically suspend an employee accused of misconduct while they investigate the allegations. Many employees don’t object. The employee in Harrison v Barking, Havering and Redbridge NHS Trust did object and brought a claim in the High Court to stop...

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No beards policy ruling

No beards policy ruling

An employment tribunal has recently looked at indirect discrimination and how it applies to dress codes. Indirect discrimination is where an employer applies a policy or practice to all employees, but which negatively affects a particular group who share a protected...

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Parental bereavement leave

Parental bereavement leave

The government has announced that parents will be entitled to bereavement leave from 6 April 2020 (subject to parliamentary approval). Employees who lose a child under the age of 18, or who suffer a stillbirth from 24 weeks of pregnancy, will be entitled to two weeks'...

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Ethical veganism can be a protected characteristic

Ethical veganism can be a protected characteristic

Everyone's talking about veganism, and not just because of Veganuary. In January, an employment tribunal found that a vegan was protected from discrimination by the Equality Act 2010. The employee's ethical veganism met the legal test for a 'belief' which, like...

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