Employment Update - January 2019

Employment Update - January 2019

Welcome to the January 2019 edition of the employment update - providing a monthly update on key legal issues for employers.

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View profile for Gabrielle HolgateGabrielle Holgate, View profile for Kerry GarciaKerry Garcia, View profile for Lloyd DaveyLloyd Davey, View profile for Hannah FordHannah Ford
  1. Upcoming event

    NEW YEAR RESIGNATIONS - EMPLOYEE COMPETITION AND DATA THEFT IN PRACTICE

    Date: 31 January 2019
    Location: London

    January is the most popular month for executives to jump ship for a competitor – is your business and its data safe from the enemy within? Our Employee Competition, IP and Data Protection experts will offer practical guidance on how best to protect your business and deal with the immediate aftermath of an employee exit. Learn more

  2. Employer in breach of contract for dismissing an employee for capability while he was in receipt of PHI benefits

    In the case of Awan v ICTS UK Ltd the Employment Appeal Tribunal (“EAT”) has decided that the employer’s decision to dismiss an employee for capability while he was in receipt of benefits under a PHI scheme was a breach of an implied term... Read more
  3. A letter giving one month's notice was not a resignation

    When is a resignation not a resignation? In East Kent Hospitals University NHS Foundation Trust v Levy , the Employment Appeal Tribunal held that context should be considered when determining whether an employee’s apparent resignation was unambiguous.... Read more
  4. No disability discrimination when dismissed employee manifested a tendency to steal

    In a preliminary hearing in the case of Wood v Durham County Council the Employment Appeal Tribunal has considered whether an employee who was dismissed for admitted shoplifting could bring a disability discrimination claim. The ‘tendency to... Read more
  5. Dismissal of employee for failing drugs test was unfair

    In Ball v First Essex Buses Limited , an Employment Tribunal found that a bus driver was both unfairly and wrongfully dismissed after his employer carried out a flawed investigation prior to dismissing him for gross misconduct for failing a routine drug... Read more
  6. The Government announces reforms to employment law in response to the Taylor Review

    In July 2017 Matthew Taylor published “Good Work: the Taylor Review of Modern Working Practices” which included a number of recommendations to improve rights for employees and workers, in particular those who are seen as ‘vulnerable’... Read more
  7. A need to re-think employee leaver policies? A new mandatory litigation disclosure pilot introduces more onerous obligations.

    From 1 January 2019, litigation disputes issued in the Business and Property Courts are subject to a mandatory new disclosure pilot for a 2 year period, which significantly overhauls the previous regime.  In addition to the introduction of a completely new procedure, the Pilot introduces more onerous obligations to preserve relevant documents, which includes a requirement to notify at the outset of disputes, not just current, but previous employees who may hold relevant documents. Read more

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