Emplaw Monthly - End of November 2018

NEWS

EMPLOYER/EE GUIDANCE/ADVISOR NEED TO KNOW

Guide on employing people with a disability or health condition

The Department for Work and Pensions has published a practical guide for line managers on recruiting, managing and developing people with a disability or health condition.

Pensions and employment experts at Gowling WLG (who author the Emplaw cards on Pensions) consider what employers need to think about in the lead up to steady state, including considering whether scheme rule changes are needed, and how to communicate the changes with staff.

Click here for the article

We are the 'most comprehensive employment law information site available’, say Business & Industry Today (B&I) who have awarded us  Information Company of the Year 2018.

As a company we are recognised for our ‘continuing passion, incredible knowledge and services to employment law’ and the site is hailed as  'providing information that is accurate and succinct – but written in a way that is understandable'' and 'constantly updated and adapted to the needs of employers and their advisors, employee organisations and others who need to know their employment law'. 

Click here for more and a copy of the B&I article

 

What is vicarious liability and how do the courts interpret it for employers today? For a short article from Emplaw Online authors Gowling WLG, please click here

Contrary to many predictions, this was Philip’s Hammond’s stated ‘end to austerity’ Budget. Or, more precisely, ‘nearly end of austerity’…

Click here for an original article for Emplaw Online readers which summarises the key points for employment specialists

This is your one-stop, once per month read to keep you up-to-date in the field of employment law. Includes need to know information and guidance for employers/ees and their advisors, including why the Budget is shifting liability under IR35 to employers in the private sector and the lawyers' views on the Morrisons ruling, as well as government proposals for additional flexible working duties and requiring employers with more than 250 staff to publish their parental leave and pay policies.

For Emplaw Online subscribers, there are also professional summaries of the latest key cases with links to full reports

Click here for Emplaw Monthly - End of October 2018

Emplaw Monthly - End of October 2018

New at Emplaw Online

Refusal to provide cake supporting gay marriage was not direct sexual orientation discrimination

An article from Emplaw Online authors, Lewis Silkin giving a very clear summary of the Lee v Ashers Baking Company Ltd case, its implications and a link to the full case report.

Changing Terms of Employment

Key Points

  • Adverse (to the employee) changes in existing terms of employment are usually made in one of three ways: by agreement with the employee(s), possibly with a cash "sweetener"; by unilateral variation of contract terms (or of works rules applied by the contracts); or by giving required notice to terminate existing contracts and offering new contracts on new terms.
  • Choices open to an employee are: agree with the employer's proposals; reject them and quit, perhaps claiming constructive dismissal , or reject them but continue to work on a without prejudice basis (i.e. "under protest") on the new terms, reserving all rights, negotiating if possible and ultimately bringing court or Tribunal proceedings if agreement cannot be reached.
  • The basic rule is that a unilateral change to terms and conditions of employment made by an employer without agreement of the employee is generally a breach of contract, in serious cases giving the employee the right to resign and claim constructive dismissal.
  • To avoid the risk of a successful unfair dismissal claim employers must be able to demonstrate a substantively fair reason for making the change and must be careful to carry out appropriate procedures.
  • Even a clause agreed by an employee giving the employer the right to make unilateral changes will not give the employer a total carte blanche.
  • Changes in terms of employment must be notified to employees within one month, or sometimes sooner if overseas work is involved . 
  • It is essential that employees are fully aware of, and accept, any detrimental changes to their terms of employment if the changes are to be legally binding.
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An article from Emplaw Online authors, Lewis Silkin giving a very clear summary of the Lee v Ashers Baking Company Ltd case, its implications and a link to the full case report.

Click here for the article.

In an article for Employment Lawyers Association, Toni Lorenzo, from Emplaw Online authors, Lewis SIlkin, discusses the Trade Secrets (Enforcement, etc) Regulations 2018 which came into force in June, implementing the EU Trade Secrets Directive. This is the first time that the UK Parliament has legislated for the protection of trade secrets.

Click here for more