Archives: Employment

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No consultation – protective award

December 2020/January 2021 | Employment

A protective award is compensation ordered by an ET because an employer did not consult with employees before they were made redundant. It is payable where 20 or more employees are made redundant at a single workplace and the employer fails to inform about and engage in consultation regarding those redundancies, or where employees are …

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Non-binary employees – support

December 2020/January 2021 | Employment

We reported in our October 2020 edition (p16) on the case in which the ET confirmed that the protected characteristic of gender reassignment under s7 Equality Act 2010 includes non-binary and gender-fluid people. An interesting article looks at the case in more detail and in particular considers key steps that employers can take to support …

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Practical joke – no liability

November 2020 | Employment

‘The practical joke must be the lowest form of humour. It is seldom funny, it is often a form of bullying and it has the capacity, as in the present case, to go seriously wrong.’ So said the judge in a recent case involving employees working at a Tarmac site. Tensions rose between four fitters …

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Covid testing – data protection challenges

November 2020 | Employment

We have long considered the Employment Law Journal as being required reading for those advising in this arena or for any practitioners advising clients in a business context. This month is no different. An interesting article considers the data protection issues facing employers who wish to carry out their own Covid-19 tests. Employers are under …

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Furlough fraud – manage the risk

November 2020 | Employment

Employers could face ET claims and HMRC penalties if they have any employees who have worked during furlough. A useful article considers steps employers can take to rectify errors. One of the key requirements of the Coronavirus Job Retention Scheme (CJRS) is that employees on furlough leave cannot work for their employer. If an employee …

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