Pulling a Sickie

Pulling a Sickie In the case of Metroline West –v- Ajaj an Employment Appeal Tribunal Judge ruled that an employee who “pulls a sickie” is representing that he is unable to attend work …

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Does commission need to be included in the calculation of holiday pay?

Does commission need to be included in the calculation of holiday pay? Yes said the Employment Appeal Tribunal (EAT) this week in the much awaited case of Lock v British Gas (2016) Mr Lock was a British Gas Salesperson. His remuneration package …

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Equal Pay Reporting

Equal Pay Reporting The government has published the draft The Equality Act (Gender Pay Gap Information) Regulations 2016. The draft Regulations set out the framework for the new gender pay reporting requirements. Under …

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Disciplinary action – The importance of the investigation

Disciplinary action – The importance of the investigation Employers who discover misconduct in the workplace need to carry out an investigation before taking disciplinary action.  In cases of gross misconduct, the investigation is particularly important.  Nevertheless, a thorough …

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Legal highs in the work place

Legal highs in the work place   With the rise in popularity of substances which have effects similar to illegal drugs but which are not illegal themselves, employers should consider legal highs when drafting their alcohol …

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Naming the Respondent in the ACAS process

Naming the Respondent in the ACAS process An error in the name on the ACAS EC certificate for the Respondent does not prevent a Tribunal from accepting the claim according to the recent EAT decision in Mist …

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Are disciplinary sanctions under sickness absense policies subject to the duty to make reasonable adjustments?

Are disciplinary sanctions under sickness absense policies subject to the duty to make reasonable adjustments? Yes, according to the Court of Appeal in the case of Griffiths v The Secretary of State for Work and Pensions [2015] EWCA Civ 1265 . An absence management policy …

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Can employers monitor employees’ personal messages at work?

Can employers monitor employees’ personal messages at work? Yes, according to a recent European Court of Human Rights (ECHR) case concerning an engineer in Romania. However, there are limitations to this decision as set out below. The ECHR …

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Zero hours contract update

Zero hours contract update Under a zero hours contract, the employer does not guarantee to provide a minimum number of hours’ work. Previously, it had been found that some employers sought to prohibit those …

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Guidance on Zero Hours Contracts

Guidance on Zero Hours Contracts The Department of Business Innovation and Skills has issued guidance for employers on the use of zero hours contracts. The guidance sets out what zero hours contracts are, their appropriate …

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