Proper and efficient use of money in public sector – philosophical belief?

Can it really be true that such a notion can be a protected philosophical belief? Well, it might be.
Harron v Chief Constable of Dorset Police

Subdued pay growth despite robust employment growth

While employers remain optimistic about being able to increase employment (at least in the short term), there’s little sign of any wage growth for the next 12 months. And this isn’t likely to change in the medium to long term with the CIPD predicting that pay will remain stuck in the slow lane until at least the end of this decade – what it calls the ‘jobs-rich, pay-poor’ economy.

Sunday trading: new protections for shop workers

New rules to improve the lot of Sunday workers are contained in the Enterprise Act 2016. They amend the current ‘opting in’ and ‘out’ provisions so that the amount of notice workers engaged in larger shops have to give their employer if they want to opt out from Sunday working is reduced to one month. It also provides more opportunity for objection to working additional hours on a Sunday. 

Illegal working and dismissal

An employer’s reasonable and genuine belief (albeit mistaken) that an employee was no longer allowed to work in the UK was sufficient to justify his dismissal.
Nayak v Royal Mail

Management pay and bonuses 2016

It seems that an appreciable proportion of under-performing managers are still receiving bonuses, according to the National Management Salary Survey.

Custodial sentences for health and safety breaches

A company director has been jailed for six years for gross negligence manslaughter after two of his employees fell from a roof they were repairing: one of them died and the other was seriously injured.

Voluntary overtime formed part of ‘normal pay’ for holiday pay purposes

A tribunal has held that in calculating the amount of holiday pay that an employer pays to its workers, it has to include payments for voluntary overtime, voluntary standby and voluntary call out payments, providing that work has been undertaken with sufficient regularity to have become part of the worker’s normal pay.
White v Dudley Metropolitan Borough Council

Posted workers enforcement regulations

Regulations which will come into force on 18 June 2016 implement the Posted Workers Enforcement Directive, the main effect of which will be on the construction industry.

Affirmation of contract: context, and evidence, is all

An employee who signed a new contract following her employer’s breach of her original contract has had her constructive dismissal claim reinstated and sent back to the tribunal to consider the unchallenged evidence that she had only continued to work in her demoted role under protest.
Novakovic v Tesco Stores Ltd

Illegal variation of staff handbook in relation to absence management procedures

An absence management policy in a staff handbook had been incorporated into employee’s contracts and the employer could not unilaterally change the terms of the policy despite a variation clause seeming to give it the power to do so. 
Sparks v Department for Transport

New EU trade secrets regime takes shape

The EU Parliament has approved the new Trade Secrets Directive which seeks to harmonise protection of trade secrets across the EU by defining what a ‘trade secret’ is and how they will be protected and specifying the remedies available to holders of trade secrets if they are misappropriated.

Contacting absent and sick employees

An employee was constructively (and unfairly) dismissed when her employer wrote to her while she was off sick for work-related stress, raising performance issues which weren’t serious or urgent.
Private Medicine Intermediaries Ltd v Hodkinson

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Thursday, 04 August 2016

Let’s not be colour blind but colour brave

The aftermath of the Brexit referendum gave rise to a chain of racist and xenophobic incidents. The 57% increase in reports of hate crime following the vote reminds us that we must not become complacent in our continued efforts to achieve equality, inclusion and acceptance for all. Ethnicity and colour are among the most uncomfortable subjects for anyone, including those working in diversity and inclusion, to confront. This discomfort, however, should not and cannot allow us to shy away from discussing big subjects that have a profound impact on society at large and our workplaces. 

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