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Archives / 2016 / October
  • Will these legal issues scare employers this Halloween?

    Tags: Unfair Dismissal, Employment Law, Employment Tribunal, Halloween

    Halloween is definitely a ‘fun’ time of the year, as celebrations range from trick or treating, pumpkin carving contests, adult costume contests to parties with alcohol. For employees’ they all encourage interaction and workplace engagement but for employers’ they all open the door for potential liabilities and concerns. So what are the 5 top legal issues that employers need to be aware of to avoid a scare this Halloween?

    1. Discrimination against Pagans 

    Religion is simply defined by the Equality Act as “any religion”, and does not state the belief has to be a major religion to be protected. Therefore employers must take non-mainstream religions as seriously as they do with the major religions. 

    In Holland v Angel Supermarket Ltd and … more

  • Flexible Working Requests On Return From Maternity Leave

    Tags: Flexible Working, Indirect Sex Discrimination, Employment Law, Employment Tribunal, UKEmpLaw

    Flexible working requests are often misunderstood.  The legal right which presently exists is that employees have a right to request flexible working; it is not a right to work flexibly.  Recent case law has confirmed there is no obligation on employers to accept an employee’s request to work flexibly when they return from maternity leave.  As long as employers deal with such requests reasonably and have genuine business reasons for rejecting the request, the employment tribunal will not find fault with the decision. Here we take a look at two such recent cases.

    In Smith v Gleacher Shacklock LLP, Ms Smith requested to reduce her hours on return from maternity leave by working in the office three days per week, working from home on a Thursday and having Friday as a … more

  • When are post termination restrictions enforceable?

    Tags: Restrictive Covenants, Post Termination Clauses, Employment Law, High Court

    There is a common misconception amongst employers that if a contract is signed by an employee then the clauses contained within it, will be enforceable, regardless of the fact that a revised version might be substantially different. Where post termination restrictions, which predominantly relate to non-solicitation, non-dealing and non-competition, are unilaterally imposed, they may not be enforceable unless some form of consideration is paid.  

    This principle can be illustrated by the decision in Re-use Collections Limited v. Sendall & May Glass Recycling Ltd where Mr Sendall was initially employed by Re-Use, a glass recycling business with no written terms or conditions or post-termination restrictions. During his employment the company requested him to sign an employment … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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