The Practical Lawyer


Suspension – no breach of trust and confidence

The CA has held that when an employer has reasonable and proper cause to suspend an employee, it will not breach the implied term of trust and confidence. An employer does not also need to demonstrate that the suspension was necessary.

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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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