Employment Law News

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PRA consultation on variable remuneration buy-outs

Posted by BDBF on 28 January 2016

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The Prudential Regulation Authority is currently consulting on whether to change the rules in relation to buy-outs of variable remuneration.

Employer’s monitoring of messaging account did not breach right to privacy

Posted by BDBF on 28 January 2016

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An employer’s decision to monitor an employee’s private messages on a work-related messaging account did not breach that employee’s rights to privacy.

Increase to fines for national minimum wage breaches

Posted by BDBF on 22 January 2016

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From April 2016, a breach of national minimum wage legislation will incur a fine of 200% of the underpayments to staff.

Exclusivity clauses in zero hour contracts unenforceable

Posted by BDBF on 22 January 2016

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Legislation is now in force to state that employers cannot enforce exclusivity clauses in zero hour contracts.

New European data protection package agreed

Posted by BDBF on 22 January 2016

A new European data protection reform package has been agreed and is likely to come into force in 2018.

Employers have a duty to make reasonable adjustments to sickness absence policies

Posted by BDBF on 19 January 2016

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Employers are under a duty to make reasonable adjustments to the way in which they apply their sickness absence policies.

Instruction not to speak native language at work was not discriminatory

Posted by BDBF on 19 January 2016

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It is not discriminatory on grounds of race for an employer to ask its employees not to speak their native language at work in circumstances where there are legitimate security concerns.

Grant of smaller than expected bonus was not breach of contract

Posted by BDBF on 19 January 2016

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An employer was not in breach of contract for paying an employee a discretionary bonus of 1% of profits in circumstances where the employee claimed to have been told that 5% would be the minimum.

Negative reference can be discriminatory regardless of referee’s motive

Posted by BDBF on 19 January 2016

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The EAT has found that it is not necessary to show a referee’s motive when bringing a disability discrimination claim following a negative reference, which is based partly on an individual’s frequent absences.

Penalty clauses redefined

Posted by BDBF on 3 December 2015

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Many employment contracts and settlement agreements contain clauses suggesting dire consequences if they are breached. When relied upon, employees often argue that they are "penalty clauses" and therefore void. Faced with two contrasting cases on the nature of a penalty clause, the Supreme Court has provided a new test to identify those clauses which are unenforceable as penalties.

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