Rights at Work:General/key card

Key Points

  • UK legislation provides for protection for employees in the context of their employment relationship, and, to a more limited extent, workers in the context of their work.
  • This card gives an overview of rights during the recruitment process, during the employment relationship and on termination
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Trade Union Matters, Associations etc/statutory rights of TUs and members-key card

Key Points

  • A trade union which is both a recognised trade union and an independent trade union will have a variety of statutory rights.
  • These rights are in addition to those which all independent trade unions have, even if they are not recognised 
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Unfair Dismissal/awards and remedies-key card

Key Points

  • The remedies for unfair dismissal are reinstatement or re-engagement or compensation.
  • Orders for reinstatement or re-engagement are rare.
  • The statutory framework for unfair dismissal remedies is contained in Part X, Chapter II of the Employment Rights Act 1996 at ss 112 to 127B.
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Unfair Dismissal/potentially fair and automatically unfair reasons for dismissal-key card

Key Points

  • A claim for unfair dismissal can be defended by the employer showing that the reason for the dismissal was a potentially fair reason.
  • In order for any dismissal to be fair, the reason for the dismissal must fall within one of the four potentially fair reasons set out in section 98(2) of ERA 1996, or be “some other substantial reason justifying dismissal”.
  • An employee can also bring a claim that his dismissal was unfair because the reason for dismissal was an automatically unfair reason.
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Unfair Dismissal/key card

Key Points

  • Unfair dismissal is a statutory right which is defined in ERA 1996.
  • A claim for unfair dismissal can only be brought in an employment tribunal by an employee with qualifying service.
  • Unfair dismissal is different to wrongful dismissal.
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Pre-Employment Background Checks: key card

Key Points

  • An employer may choose to undertake certain pre-employment checks:
    • Right to work in UK
    • Criminal checks
    • Health Checks
    • References
    • Credit Checks
    • Check Membership to a register (lawyers to Solicitors Regulatory Authority, Accountant to Chartered Institute, Financial Services Authority)
    • Check Qualifications
    • Social Media searches
    • Check no outstanding restrictions apply.
  • Employers must follow data protection rules when handling information on job applicants.
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TUPE/key card and the 2014 changes

Key Points

  • This card outlines the purpose of the Acquired Rights Directive 2001/23/EC (“Acquired Rights Directive”) and Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (“TUPE”). 
  • The importance of knowing at least in broad terms the purpose of TUPE and the Acquired Rights Directive is that courts frequently use a purposive approach in deciding whether TUPE applies and also will adopt an interpretation of TUPE that allows it to be construed consistently with the Acquired Rights Directive where possible.
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A useful article from Emplaw authors Moorcrofts explaining the recent Supreme Court decision about the enforcability of post termination restrictions.

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An article from Emplaw author Colin Lekey from Lewis Silkin with 10 key takeaways from the EU’s Transparent and Predictable Working Conditions Directive . The Directive has been  passed by all parts of the EU’s legislative machinery and Member States have until mid-2022, to implement it into domestic law. Depending on the final shape of Brexit or not, the UK may or may not be obliged to comply with the Directive but it has already shaped  UK legislation with regards to new requirements for written statements coming into force next year.

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Your one-stop monthly read to keep you up to date on employment law, news and cases. Working time holiday and record keeping headline this month as well an update on NDAs and new reporting requirements for companies.