The Practical Lawyer


Gender pay gap – guidance

From 2017, any organisation that has 250 or more employees must publish and report specific figures about their gender pay gap.

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ET – proving race discrimination

The CA has reaffirmed the test for proving race discrimination, and the process the ET must follow in deciding whether an allegation is well founded.

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Whistleblowing – is defamation in the public interest?

Since 2013 whistleblower protection has only been available to workers who reasonably believe that the disclosure is in the public interest.

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Right to work checks – a reminder

Right to work checks are the obligations placed on employers to conduct checks to prevent illegal working.

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EU Settlement Scheme – a reminder

Whether there is a Brexit deal or no deal, EU nationals and their family members who have been living in the UK for five years may be eligible for settled status.

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EU citizens – right to work checks

The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit.

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NDA – ignoring!

Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations. 
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Dignity at work policy – top tips

All employers are advised to have a dignity at work policy. It can cover issues such as protecting employee safety by prohibiting harassment and bullying in the workplace and setting out the employer’s position on equal opportunities for all employees.
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Employment rights – is ‘self-employed plus’ the answer?

People providing services to employers are increasingly regarded as workers, rather than self-employed.
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Substitution – ‘employee’ status not precluded

The EAT has upheld a decision of the ET confirming that a carer enjoyed employee status, despite the presence of a number of factors suggesting that she was self-employed, including being paid gross and paying her own tax and NI.
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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