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Category Archives: Employment

Childcare vouchers during maternity leave

In Peninsula Business Services Ltd v Donaldson the EAT considered whether childcare vouchers provided under a salary sacrifice scheme are part of the employee’s “remuneration”,  and therefore do not have to be provided during maternity leave. The EAT held that they were remuneration and accordingly, it is not an unlawful detriment, nor discriminatory, for the... Read the rest of this entry →

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When is an Employer Vicariously Liable for the Actions of its Employees?

In Mohamud v WM Morrison Supermarkets plc the Supreme Court considered whether a supermarket should be held vicariously liable for an employee’s unprovoked violent assault on a customer. The employee, Mr Khan, worked in one of their petrol kiosks. He was verbally abusive to a customer and then pursued him out of the kiosk where... Read the rest of this entry →

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Raising concerns with an employee on sick leave

In Private Medicine Intermediaries Ltd v Hodkinson the EAT considered whether writing to an employee while she was on sick leave for work-related stress, to raise concerns regarding her employment, amounted to constructive dismissal and/or disability related harassment. In this case the EAT upheld the tribunal’s decision that where the concerns were not serious or... Read the rest of this entry →

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Shiva Shadi – head of the Employment team – discusses the Modern Slavery Act 2015 and asks: Is your anti-slavery statement ready?

The Modern Slavery Act 2015 brings together offences relating to trafficking and slavery which have dominated the media over recent years with cheap labour and horrific working conditions being reported from around the world, as well as on our own door step in the UK. Section 54, requiring anti-slavery statements will apply to organisations with... Read the rest of this entry →

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Shiva Shadi – partner in our Employment team – discusses Shared Parental Leave… Who is changing the nappies a year on?

It is almost a year since the Government introduced Shared parental leave allowing employees whose babies were due on or after 5th April 2015, to share their maternity leave or adoption leave with their partner. This was hailed as a new era giving opportunities to fathers to share in the care of a new born... Read the rest of this entry →

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Anna Bunting – partner in our Employment team – provides an overview of ACAS’s new guidance on conducting workplace investigations.

Most employers are aware that disciplinary action requires a form of procedure to be followed.  Conversely, the need for a proper investigation is often overlooked.  Many employees will jump straight into arranging a disciplinary before giving the matter full consideration.  The investigation stage is vital and is often the key to a fair and objective... Read the rest of this entry →

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Shiva Shadi – head of Employment – discusses Childcare Vouchers and Maternity Leave

Employees are able to utilise a proportion of their salary for vouchers to pay for childcare before the usual tax and NI contributions are deducted.  As a result, employees are able to save on their annual childcare costs until their child reaches the age of 15.  However, the question has always lingered as to what... Read the rest of this entry →

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Anna Bunting – partner in our Employment team – discusses Zero Hours Contracts: Where Are We Now?

A ‘Zero hours contract’ is an agreement between an employer and an individual with no guarantee of work. These agreements are used widely by employers in certain sectors, such as hospitality, where staffing needs can be unpredictable. Politicians have expressed concern over their use due to the potential for abuse by employers and this topic... Read the rest of this entry →

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Anna Bunting – Partner in the Employment team – discusses the recent successful discrimination case brought against Starbucks by a Dyslexic employee.

A dyslexic employee who works for Starbucks was found by an Employment Tribunal to have been subjected to disability discrimination. She was wrongly accused of falsifying documents when she had in fact simply misread the numbers that she was recording. Ms Kumulchew was responsible for taking the water and fridge temperatures at specific times and... Read the rest of this entry →

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Employment Law Newsletter – February 2016

Welcome to our February 2016 Employment Law newsletter, keeping you up to date with changes in employment law and informing you of recent case law developments. DEVELOPMENTS IN LEGISLATION Zero Hour Contracts As we reported last month, the exclusivity terms in Zero Hour Contracts (Redress) Regulations 2015 came into force as of 11th January 2016. ... Read the rest of this entry →

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