Employment & HR

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CONTRACTS - 01.07.2024

Parliament passes legislation restricting NDAs

New legislation. S.17 Victims and Prisoners Act 2024 will make void any provision in an agreement, such as in a non-disclosure agreement (NDA), that purports to preclude a disclosure of information by a victim of criminal conduct (or someone who reasonably believes they’re a victim) to: (1) anyone with law enforcement functions; (2) a qualified lawyer; (3)  someone who’s entitled to practise a regulated profession; (4) someone who provides a victim support service; (5) a regulator of a regulated profession; (6) someone who’s authorised to receive information on behalf of any of the above; and (7) the victim’s child, parent or partner. The legislation also sets out further detail about the purpose of the victim’s disclosure to persons in these categories (see The next step ). ...
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CONSTRUCTIVE DISMISSAL - 01.07.2024

Constructively dismissed following flexible working request

An employee whose flexible working request was declined has won her claims for constructive dismissal and direct disability discrimination, even though her employer had sound business reasons for refusing her request. What key mistake was made?
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MISCONDUCT - 01.07.2024

Watch out for mouse mover devices!

An American bank has sacked more than a dozen employees for using “mouse movers” on their work PCs. What are they and what should you do about them?
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TRAINING - 01.07.2024

How to protect your investment in external training

The government is proposing to require dental graduates to work in the NHS for several years after graduating or otherwise repay their training fees. If you’re intending to pay an employee’s training fees, could you have a similar provision?
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RIGHT TO WORK - 01.07.2024

Pre-settled status holders: right to work checks

Five-year extension. In autumn 2023, the government confirmed that holders of pre-settled status under the EU Settlement Scheme would automatically have their status extended by two years if they hadn’t yet obtained settled status. It has now announced that, when it automatically extends pre-settled status, this will be for five years instead of two. ...
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DISCIPLINARY HEARINGS - 01.07.2024

Must you allow support worker at disciplinary hearing?

An employee has a statutory right to be accompanied at a disciplinary hearing by a work colleague or trade union representative or official. But do they have any wider right where they have a learning disability or there’s a language barrier?
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Employment & HR

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SICKNESS ABSENCE - 17.05.2024

Can employee take holiday during sick leave?

If an employee is absent from work on long-term sick leave, they continue to accrue at least statutory annual leave. With the 2024 summer holiday season now starting, can they apply to take some of their annual leave during their sickness absence?
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MISCONDUCT - 01.07.2024

Watch out for mouse mover devices!

An American bank has sacked more than a dozen employees for using “mouse movers” on their work PCs. What are they and what should you do about them?
Read more

FIT NOTES - 17.05.2024

Reform of the fit note system

Call for evidence. The government has issued a call for evidence to explore reform of the fit note system, after it was revealed that, of the 11m fit notes issued in England in the year to September 2023, 93.8% stated the employee was “not fit for work” , with only 6.2% stating they “may be fit for work” with adaptations in place (see The next step ). ...
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