Bulletins

Agriculture E-Bulletin Article

A recent case had all the ingredients of the famous 'prodigal son' story except that there was no older brother and, sadly, no forgiveness.

Tags: Agriculture


Employment and Pensions E-Bulletin Article

Background

Last month we looked at the case of Mohamud v WM Morrison Supermarkets Plc, which dealt with whether an employer was vicariously liable for an employee's unprovoked attack on a customer. Mr Mohamud had visited a petrol station operated by the supermarket in 2008 and after making an innocent request of the kiosk operator, was subjected to racist abuse, and then to a violent and unprovoked assault. For further details please see our article How far can employers be blamed for their employees' actions.

Tags: Employment and Pensions


Employment and Pensions E-Bulletin Article

This article was originally published on Thursday 27 March 2014, and updated on Wednesday 8 April 2014.

What is it? The background

According to recent Ministry of Justice statistics there has been a 79% drop in claims for October to December 2013 compared to the previous year, since the introduction of the new fee regime in July 2013.  As part of its plans to make the tribunal system even more efficient and reduce the number of claims that go to tribunal, the Government has imposed an obligation on the parties to attempt to conciliate employment disputes through ACAS before claims are submitted (Early Conciliation or “EC”). 

Tags: Employment and Pensions


Employment and Pensions E-Bulletin Article

This month the Court of Appeal considered whether an employer (Morrisons) should be held vicariously liable for an employee’s brutal and unprovoked attack on a customer. Benjamin Loxton summarises the case and the useful guidance that the Court provided on the circumstances where an employer may be found to be liable for its employees’ actions.


Employment and Pensions E-Bulletin Article

2013 has seen a raft of new employment legislation as the Government has put into action many of the issues it identified as part of its review of employment law and “Red Tape Challenge”. However, as a result of this, keeping track of what you should be changing in your business is not easy.  To help, we have set out a checklist of the main action points that you should have implemented in your business or be looking to address.


Employment and Pensions E-Bulletin Article

In a recent case the Court of Appeal confirmed that an employer’s requirement for its workers (including Christian workers) to work on Sundays was not indirect religious discrimination as it was objectively justified.  However, it also clarified that the fact that the belief that Sunday should be a day of rest is not a “core component” of Christianity should not have weighed so heavily in the balance in the decision. We look at the case, the points to take away and why, contrary to some reports, it is not the green light for employers to impose Sunday working.


Employment and Pensions E-Bulletin Article

We appreciate that keeping on top of the large number of employment cases that come through the courts and remembering the salient points to take away from them is not an easy task for any employer or HR professional.  To help, we have produced a summary of some of the key cases from 2013 by topic and set out the main practical points that you can take away from them and apply in your business.


Employment and Pensions E-Bulletin Article

On 1 October 2013, only 3 years after their general introduction, the Government repealed the provisions of the Equality Act 2010 which made employers liable for certain acts of harassment of their staff by third parties.  This was on the basis that there was “a lack of evidence that there [was] any significant need for them or that they [were] effective in practice”.  It also considered that employees had other means of legal redress. 


Employment and Pensions E-Bulletin Article

The information that employers can seek from a prospective employee regarding old convictions and minor cautions is now restricted and therefore the questions employers may include on an application form or in the interview process should be reviewed. We set out the points to note and steps to take.


Employment and Pension E-Bulletin Article

This summer will see the introduction of new provisions aimed at enabling employers to have pre-termination negotiations supposedly without fear of their discussions ending up in tribunal. ACAS has now produced its final statutory code of practice on the provisions. We summarise below what the provisions and code mean in practice.


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