The Practical Lawyer


NDA – ignoring!

Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations. 
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Dignity at work policy – top tips

All employers are advised to have a dignity at work policy. It can cover issues such as protecting employee safety by prohibiting harassment and bullying in the workplace and setting out the employer’s position on equal opportunities for all employees.
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Employment rights – is ‘self-employed plus’ the answer?

People providing services to employers are increasingly regarded as workers, rather than self-employed.
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Substitution – ‘employee’ status not precluded

The EAT has upheld a decision of the ET confirming that a carer enjoyed employee status, despite the presence of a number of factors suggesting that she was self-employed, including being paid gross and paying her own tax and NI.
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Equal pay law – avoiding pitfalls

We reported in our March 2019 edition (p14) on the Asda workers’ equal pay claim in which the CA held that staff who work in stores are entitled to compare their wages to warehouse employees.
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WTR – rest breaks

The Working Time Regulations 1998 provide that most workers who work more than six hours have the right to an uninterrupted 20-minute rest break. 
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Employment – criminal record checks

Employers must verify the identity and immigration status of all employees. They are required to keep copies of relevant passports, visas and work permits. 
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DBS checks – good practice

The Information Commissioner’s Office (ICO) has provided guidance on how employers should screen applicants (although not yet updated post-GDPR):
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Flexible working – yes or no?

The expansion of the statutory right to request flexible working to all employees in 2014, coupled with improvements to technology, mean that such practices are becoming the norm.
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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
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We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...


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