Employer properly exercised its discretion when awarding lower bonus

An employer had exercised its discretion rationally - and had not breached either the express or implied terms of an employee’s contract - when it awarded him a smaller annual bonus than other employees. 
Paturel v DB Services (UK) Ltd
 
 

HR analytics – the state of play

It seems that HR still have a job of work to do when it comes to persuading the business of the value of HR analytics as the CIPD/Workday HR Outlook survey reveals as mismatch between the views of HR and non-HR business leaders on their current and potential value.
 
 

Pensions: the scope of an employer’s duty of care

An employer had a ‘duty of care’ to provide its employee with important information on the tax implications of a decision he proposed to take about his retirement benefits.
Cherry v Police and Crime Commission of South Wales
 
 

Monitoring of employees’ personal communications at work

Where an employer had a ban on personal use of company equipment and an employee denied using an e-mail account for personal reasons, it was not a breach of his right to a private life for his employer to access that personal account to disprove what he was saying. This does not mean that employers have the right to look at all private communications of their staff at any time.
Bărbulescu v Romania
 
 

Employee should have been told that later warning would be taken into account

Employees must be made aware where something may be a significant issue in a disciplinary decision - and be given the opportunity to make representations on it.
Dr P John-Charles v NHS Business Services Authority
 
 

Verbal references and withdrawing job offer

When a job offer was withdrawn after a former employer provided a negative verbal reference this amounted to discrimination arising from a disability.
Pnaiser v NHS England
 
 

Attendance management policies and reasonable adjustments for disabled employees

An employer’s duty to make reasonable adjustments for a disabled employee is capable of applying to an attendance management policy where an employee’s disability leads to (or is likely to lead to) a level of absence which a non–disabled employee is unlikely to have.
Griffiths v Department for Work and Pensions
 
 

Service provision changes and the short-term task exception

What happens leading up to and after a TUPE transfer is relevant to whether the client intended the contract to last only for a short term and thus be able to benefit from an exception in the service provision change rules.
ICTIS UK Ltd v Mahdi
 
 

Consultation on work-life balance

The EU Commission has started formal discussions with employer and union representatives about how to improve work-life balance and reduce obstacles to the participation of women in the labour market.
 
 

Resignation following unilateral change in working conditions is a ‘redundancy’

The definition of ‘redundancy’ in EU law is wide enough to include resignations where an employer has unilaterally made a significant change to essential elements of an employee’s contract for reasons not related to the individual and which causes them substantial detriment – here a 25% pay cut.
Pujante Rivera v Gestora Clubs Dir SL
 
 

No unfairness where different sanctions for employees involved in the same incident

Different sanctions for two employees for offences arising from the same incident did not make the dismissal of one of them unfair.
MBNA Ltd v Jones
 
 

Employer exacerbating employee’s ill health

If an employer is responsible for an employee’s ill health this is relevant as to whether and when it’s reasonable to dismiss him for that incapacity – and this applies not only when the employer caused the employee’s ill health but also when the employer is responsible for making it worse.
L v M
 
 


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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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