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Employment

Contract – probationary period

Apparently, almost one in five new employees fail to get past their probationary period. Hence, probationary period clauses in employment contracts can help manage expectations, focus the mind on performance, and facilitate a swift exit.

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Wages – NMW, NLW, RLW!

An explanation of these abbreviations:

NMW = National Minimum Wage. For those of 21 or more it is currently £7.05 (increasing in April 2018 as a result of the Budget.

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‘Worker’ – Uber/Deliveroo

There is no doubt that the definition of ‘worker’ is the key employment law issue of our time. The Pimlico Plumbers case is due to be heard by the Supreme Court, and there is a fair chance that the Uber dispute will leap-frog the CA and be heard at the same time by the Supreme Court.

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Restrictions – SPAs

There is a distinction to be made between restrictive covenants in an employment contract, as opposed to restrictive covenants in a shareholders agreement (often called an investment agreement) when a business is sold under a sale and purchase agreement (SPA).

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Collective consultation – overseas

If an overseas employee has a ‘sufficiently strong connection’ with GB (and British employment law) then that employee may be able to bring an ET claim in this country.

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Week’s pay – pension

The EAT has held that a ‘week’s pay’ must include employer pension contributions.

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Pregnancy rights – from pregnancy

The Advocate General has given an opinion that the employment rights of pregnant women arise from the moment they become pregnant (ie even if the employee – let alone the employer – is unaware of the pregnancy!).

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Termination payments – tax

Major changes to the taxation of termination payments come into force on 6 April 2018:

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Grievance – confidentiality

If an employee registers a grievance against another employee then to what extent are the disciplinary processes confidential?

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Right to work – new guidance

The Home Office has issued updated guidance on employers’ right to work checks. The changes are too detailed to list here but they reflect the increasing scrutiny being put on immigration status in the employment context.

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RICS – service charges
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We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
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The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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