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Searching Content by Ed Bowyer from Hogan Lovells ordered by Published Date Descending.
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1
Best Of The Rest – Round-Up Of Other Developments
The EAT decision in Upton-Hansen Architects Ltd v Gyftaki is a reminder to employers facing a constructive unfair dismissal claim that they should plead a potentially fair reason for dismissal
UK
11 Sep 2019
2
New Direction – WESC Report Into EHRC
In 2018 the Women and Equalities Select Committee (WESC) launched an inquiry into the legal aspects of enforcing protection against discrimination and the EHRC's effectiveness
UK
11 Sep 2019
3
Go Right Ahead – No Need To Wait For EWC Opinion Before Implementing Redundancies
The employer's EWC operated under the subsidiary requirements of the Transnational Information and Consultation of Employees Regulations 1999 (TICE).
UK
11 Sep 2019
4
Noteworthy – No Holiday Pro-Rating For "Part Year" Music Teacher
The issue for the Court of Appeal in The Harpur Trust v Brazel was how to calculate holiday entitlement for a permanent employee
UK
11 Sep 2019
5
Ask, Don't Get – Agency Worker Had No Right To Same Hours As Employees
Under the Agency Workers Regulations (AWR) after a twelve week qualifying period, agency workers have the right to the same
UK
1 Aug 2019
6
Something New – Government Consults On Parental Leave Rights
The consultation document "Good Work Plan: Proposals to support families" has potentially far-reaching implications
UK
1 Aug 2019
7
Something Old – Government Responds To Two Consultations
Earlier in the year, the government ran two consultation exercises. One focussed on the use of confidentiality clauses
UK
1 Aug 2019
8
Government Consultation On Sexual Harassment In The Workplace
When it responded to the Women and Equalities Select Committee report on sexual harassment in the workplace, the government promised to consult on various issues raised in the report
UK
23 Jul 2019
9
Not All In A Day's Work. Facebook Post Not "In The Course Of Employment"
An employer is only vicariously liable for acts of employees if those acts are done "in the course of employment". In LHR Airport Ltd v Forbes the EAT considered whether a Facebook
UK
23 Jul 2019
10
Cut It Out! Covenant Severed To Make It Enforceable
The courts have blown hot and cold about how far it is possible to sever a covenant that goes beyond what is reasonably necessary in order to make it enforceable.
UK
23 Jul 2019
11
What's The Cost? Pay Progression Scale Not Age Discriminatory
An employer cannot justify a provision that is otherwise indirectly discriminatory on the basis of cost alone.
UK
10 Jul 2019
12
Tell Me More. Disclosures Did Not Contain Sufficient Information
Employees will be protected as whistleblowers if they have disclosed information that they reasonably believe tends to show that someone has failed to comply with a specified matter.
UK
10 Jul 2019
13
Perception Is King – Rejection For Hearing Impairment Perceived Disability Discrimination
In The Chief Constable of Norfolk v Coffey the Court of Appeal has considered the issue of perceived disability discrimination for the first time.
UK
10 Jul 2019
14
No Handbrake Turns – Holiday Pay Included Voluntary Overtime Pay
The direction of travel in terms of how to calculate holiday pay has been clear in recent years – employees should receive their "normal remuneration" during periods of leave
UK
28 Jun 2019
15
Women And Equalities Select Committee Report On NDAs
The Women and Equalities Select Committee conducted an inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases because of concerns that NDAs
UK
28 Jun 2019
16
Veto Rights – Pay Offer To Employees Not An Unlawful Inducement
It is unlawful for an employer to make an offer to a union member if the purpose of making the offer is that the terms of employment, or one such term, will not be or will no longer be determined
UK
28 Jun 2019
17
Fit Note – Refusal Of International Posting Not Disability Discrimination
The difficulties in succeeding in a direct disability discrimination claim are illustrated by the Court of Appeal decision in Owen v Amec Foster Wheeler Energy Ltd.
UK
25 Jun 2019
18
All In A Day's Work – Employers Should Record Daily Working Time
In a decision that will have a potentially significant impact in many European jurisdictions, the CJEU has found that Member States must ensure that employers keep records
UK
25 Jun 2019
19
Fatherhood Penalty – Statutory Shared Parental Pay Not Discriminatory
When shared parental leave was introduced in 2015, a key issue for some employers was whether paying enhanced maternity pay but only statutory shared parental pay put them at risk
UK
25 Jun 2019
20
Too Remote – Claim Against Co-Workers Outside Great Britain Dismissed
A tribunal or court can only hear a whistleblowing claim against a British employer from someone working outside Great Britain if there is a stronger connection with Great Britain and British employment law...
UK
28 May 2019
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