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Latest employment law developments

Revised ACAS Code changes provisions on worker’s right to be accompanied

Posted on 18 May 2015
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A revised version of the ACAS Code of Practice on Disciplinary and Grievance Procedures took effect on 11 March 2015, after having been approved by Parliament.

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FCA announces start date for new senior manager and certification regime

Posted on 18 May 2015
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The Financial Conduct Authority has announced that a new senior manager and certification regime will be put in place as of 7 March 2016. This follows the publication of FCA and PRA consultation papers in July and December 2014.

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Publication of EBA consultation on sound remuneration policies

Posted on 18 May 2015
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The European Banking Authority published a consultation paper on 4 March 2015 regarding draft guidelines on remuneration policies under CRD IV, as well as disclosures under the Capital Requirements Regulation.

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Judgments provide clarification on extent of employer’s investigations into employee misconduct

Posted on 18 May 2015
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Two recent cases relate to employers’ investigations into misconduct by their employees.

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Bonus scheme found to be discriminatory against disabled employees

Posted on 18 May 2015
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A bonus scheme which related to levels of sickness absence has been found to be discriminatory against disabled employees.

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Employment Tribunal claims fall whilst Court fees and awards rise

Posted on 18 May 2015
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This month has seen the release of statistics as to the number of claims issued in Employment Tribunals, as well as data on the use of the fee remission process. Meanwhile, the statutory caps on compensation have increased and fees for issuing civil claims have risen significantly.

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Employer’s reasonable efforts found to be sufficient to avoid having constructive knowledge of a disability

Posted on 18 May 2015
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An employer’s reasonable, though not perfect, efforts to discern whether an employee’s numerous sickness absences were caused by disability have been found to be sufficient to prevent it having constructive knowledge of her disability.

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School’s change to a teacher’s working patterns amounted to repudiatory breach of contract

Posted on 18 May 2015
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A school’s decision to change a teacher’s working patterns from three days per week to five days per week has been found to amount to a repudiatory breach of the teacher’s contract of employment entitling her to resign and claim constructive dismissal.. Whilst the contract stated that working hours may be ‘subject to change’, this did not give the school the ability to make such changes without the teacher’s agreement.

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Judgments illustrate the limits on employers’ ability unilaterally to vary terms of employment

Posted on 31 March 2015
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Whilst the general rule is that changes to the terms of a contract of employment must be agreed, it is possible to make unilateral changes if an employer has the express contractual right to do so. Two cases this month emphasise how clearly this right needs to be expressed to be effective.

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Introducing new terms of employment can be indirect age discrimination

Posted on 31 March 2015
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A worsening of benefits that were dependent upon length of service did have a worse impact on older workers, but in this case the changes were lawful because they were necessary.

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