Jurisdiction: UK

UK: The UNISON tribunal fees ruling – has Lord Reed opened the floodgates?

There has been considerable speculation as to the likely effects of the Supreme Court’s decision in R (on the application of UNISON) v Lord Chancellor to declare invalid the Government’s system of tribunal fees. Given the cogent evidence presented by … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: New Resources

New presidential guidance has been issued in relation to how employment tribunals should calculate pensions loss and awards for injury to feelings in discrimination cases, available here. There are three bands for injury to feelings, with a usual minimum of … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Corporate governance – Government response to consultations on reform proposals

The Department for Business, Energy and Industrial Strategy has published its response paper on UK corporate governance reform, following on from the green paper which it published in November 2016.

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Remuneration (including bonus and incentive plans), Whistleblowing

UK: Pay gap reporting – EHRC recommendations and HSF review of gender pay gap reports published so far

The Equality and Human Rights Commission has recently published research into gender, ethnicity and disability pay gaps, along with a strategy for reducing those gaps, available here. The strategy’s recommendations include Government legislation to make the right to request flexible … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Data Protection Bill published – employers should prepare now for GDPR

The Government published the draft Data Protection Bill (the “Bill”) on 14 September. The Bill will be debated at its second reading in the House of Lords on 10 October 2017. The Bill will replace the Data Protection Act 1998 … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK

UK: Medical assessments – employers should review their arrangements to minimise risk of vicarious liability

A High Court has held in Various claimants v Barclays Bank an employer vicariously liable for the acts (in this case, alleged sexual assaults) of a doctor engaged by it as an independent contractor to carry out medical assessments on provisionally … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Jurisdiction: UK

UK: Discrimination – burden of proof ruling highlights need for employers to present positive case

In Efobi v Royal Mail the EAT has ruled that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case: it is for the tribunal at the end of the hearing to consider … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Employer’s duty of trust and confidence – caution needed before suspending to investigate alleged misconduct

A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes place. Employers should first seek the employee’s response to the allegations and consider whether suspension is … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Recent Alternative Dispute Resolution review

Peter Frost, Partner and Head of Employment Disputes, recently contributed a review to David Liddle’s influential publication, Managing Conflict: A Practical Guide to Resolution in the Workplace. Peter praises Liddle’s approach to conflict in the workplace and describes the book as … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

UK: GDPR – The “Whole of Business” Issue at the Top of Your Board Agenda

Almost all organisations use or process personal data. With less than 9 months to go before the EU General Data Protection Regulation (the “GDPR”) comes into force in the UK and across Europe, the run up to 25 May 2018 … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK