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Employment

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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PILONs – restrictive covenants

A PILON clause is a ‘payment in lieu of notice’ clause. Traditionally, many employers have deliberately not included such clauses in their standard contracts, because of the tax benefits on termination payments.

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Gross misconduct – omission

Failing to do something (ie an omission) can amount to gross misconduct.

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Protected conversations – termination date

ERA 1996 was amended in 2013 to give increased protection to pre-termination negotiations between employers and employees. Thus we now have the concept of the ‘protected conversation’, which means that negotiations can be carried out on a without prejudice basis (and therefore not disclosable at a later date).

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Gender pay gap – EHRC

Employers with 250 or more ‘employees’ should be reporting on their gender pay gap; this should be based on a pay data snapshot as at 5 April 2017, with the deadline for publication being 4 April 2018.

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Most-read articles

IHT – personal representatives’ liability
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PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
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The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
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Assured shortholds – requirements
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A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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