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Employment

Disability – occupational health

To what extent can an employer simply follow the advice of an occupational health advisor?
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Fixed-termers – discrimination

The Fixed-Term Employees Regs 2002 prohibit discrimination against employees on fixed-term contracts. 
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Pre-employment checks – reference

Most references from former employees are bland and of little consequence. However, there is one particular pitfall to watch out for, in the context of discrimination.
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Pre-employment checks – criminal records

Many employers will require potential employees to disclose details of unspent convictions. Under GDPR, it seems this practice will have to change.
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GDPR – employee notices

Most employers already have privacy notices that are issued to staff setting out how the employer uses electronic information it holds about its staff.
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Pregnancy – actual knowledge

A pregnancy dismissal will be automatically unfair. But, the employer must have ‘actual knowledge’ of the pregnancy at the time it makes the decision to dismiss. 
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Holiday pay – calculation

Many workers are entitled to holiday pay but do not actually take the holiday (eg casuals, part-timers, zero-hour workers). 
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Whistleblowing – self-interest?

The whistleblowing legislation was amended in 2013 so the disclosure must now be ‘in the public interest’. This change was designed to reverse an EAT decision which had allowed a personal contractual dispute to come within the scope of the legislation.

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Morrisons’ data – vicarious liability

What is one to make of the decision that Morrisons is vicariously liable for an unauthorised data dump by a rogue employee (in which the personal data, including salaries, of 100,000 colleagues was posted online)?

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Sickness – on holiday

 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday.

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