Archives: Employment

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Hybrid working – Acas

October 2021 | Employment

Acas has introduced advice for employers on how to consider, discuss and introduce hybrid working, which is described as a type of flexible working where employees split their time between the workplace and working remotely. The advice considers various aspects for employers: considering hybrid working for the organisation – this includes guidance on consulting employees, …

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Hybrid working – key points (1)

October 2021 | Employment

An interesting article looks at the key points from the Acas guidance above and outlines the key considerations. Time/hours Does the work need to be done at a specific time? Will there be core times that employees need to work together? Does a client or customer expect work to be done at specific times? Another …

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Discrimination – burden of proof

October 2021 | Employment

A recent SC decision considered whether a change in the wording of equality legislation has altered the burden of proof in employment cases where discrimination is alleged. The SC confirmed that employees must still prove facts from which a tribunal could draw an inference of discrimination, despite a change of wording in the Equality Act …

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Dismissal – reasons

October 2021 | Employment

ETs are still establishing the limits of the SC decision in Royal Mail Group Ltd v Jhuti [2019]. In that case, the SC makes it clear that, where whistleblowing claims are concerned, a decision made on manipulated facts will be attributable to the employer and not to the decision maker alone. In the latest decision, …

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Asda – equal pay

October 2021 | Employment

The SC has upheld a claim by some 35,000 Asda employees (mostly women), which enables their equal pay claims to go to trial. The employees sought compensation on the basis that in the six years prior to proceedings they received less pay than a valid comparator for work of equal value to that done by …

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Morrisons – equal pay

October 2021 | Employment

The large supermarkets are having a torrid time. Hot on the heels of the above case is the report that 2,300 Morrisons retail workers (once again, mostly women) have succeeded in their first step towards an equal pay claim. The ET has confirmed that the retail workers can rely on Morrisons distribution centre workers as …

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Covid-19 – employment claims

September 2021 | Employment

We reported in our June 2021 edition (p14) on an ET case which considered risk in the workplace issues brought about by Covid. An interesting article considers two further contrasting cases in which employees raised concerns about health and safety issues in the workplace and were then dismissed by their employers. In both these cases, …

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Philosophical belief – trans rights

September 2021 | Employment

An interesting article considers a recent EAT case that will be of relevance to employers and their advisers. We have seen a number of cases in the employment arena in recent years deciding on what amounts to a ‘protected belief’ under s10 Equality Act 2010. A recent case considered the sensitive issue relating to the …

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WhatsApp – use at work

September 2021 | Employment

A timely and interesting article considers some of the pitfalls of employees using WhatsApp at work. This practice has increased since the switch by millions of employees to working at home as a result of the pandemic. Many fail to realise that WhatsApp messages can form part of business records. If an employer has no …

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WhatsApp – steps for employers

September 2021 | Employment

The above article helpfully goes on to outline some key steps that employers should take. Employers should regularly revisit their policies relating to the use of privately owned devices for work purposes and to the use of apps for work communications. If they permit use of certain messaging systems, employers will need to check whether …

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