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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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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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