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Employment

Garden leave – TUPE ploy

A senior employee who has resigned, or been dismissed, may be faced with garden leave provisions. This is a clause in the employment contract which allows the employer to insist that the employee remains at home, and so does not take any part in the business.

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Discrimination – 10% uplift

In Simmons [2012] the CA applied a 10% uplift to existing personal injury awards.

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Holiday pay – voluntary overtime

The EAT has held that ‘entirely voluntary overtime’ should be treated as part of the normal remuneration when calculating holiday pay (on the basis that holiday pay should ‘correspond to the normal remuneration received by worker’).

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Facebook – fair dismissal

An employee with 17 years’ good service (no disciplinary issues) was fairly dismissed because of comments she made on Facebook. She described her role as ‘general dogsbody’ and she referred to her place of work as ‘that bloody place’ and said she would ‘need to hurry up and sue them’.

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Shared parental leave – discrimination

A new father wanted to take 14 weeks’ paternity leave. He would get two weeks on full pay, and then 12 weeks on statutory shared parental pay (ie at a much lower rate). However, if he was a female employee then he would have been entitled to 14 weeks’ pay and he therefore claimed that this directly discriminated against him.

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Disability – redundancy

Any disabled employee is protected from discrimination if the employee has a physical or mental condition which is long-term, and which has a ‘substantial’ effect on day-to-day activities. It will be discrimination if the employee is treated unfavourably by an employer because of something arising in consequence of the disability – unless the employer can justify that behaviour as a proportionate means of achieving a legitimate aim.

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Gig economy – holiday pay

There has been an important opinion from the Advocate General which, if followed by the ECJ, could have important implications for gig economy employers.

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Data protection – GDPR

The General Data Protection Reg comes into force next year (25 May 2018). It is a major overhaul of the data protection rules. Key points:

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Immigration skills – charge

The immigration skills charge came into effect on 6 April 2017, and is levied on employers that employ migrants in skilled roles. It is designed to cut down on the number of businesses taking on migrant workers (with the justification being that the funds raised will be used to address the skills gap within the domestic work force).

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Misconduct dismissals – advice

The key points to consider in any misconduct dismissal:

There must be a thorough approach to disciplinary investigations and hearings. A failure to follow the designated procedure is one of the most common reasons why employers lose (even when the dismissal should be justifiable).

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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...
Courts – reductions
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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...
Part 36 – strict compliance
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Damages – lost years
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A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
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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