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Employment

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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Minimum wage – dress code

Under the Minimum Wage Regs, if a worker is obliged to incur expenditure to do their job, then they cannot be expected to cover those costs out of the minimum wage. Instead, the employer has to reimburse the expenses on top of paying the minimum wage.

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