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No waffle, well written employment law updates and HR news for employers and people managers.

To be a successful employer and people manager you need to keep up to date with the important employment law news and HR updates to make sure your management decisions are legally correct and reflect HR best practice. hrlegalnews brings together all the important employment law updates and HR news. It is the quick, easy and reliable way to keep yourself and your colleagues up to date. Our readers agree:

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Automatic termination of zero hours contract at 25 was objectively justified

If a provision, criterion or practice is objectively justified, it may not be considered discrimination.

Posted 13th September 2017

The right to paid holiday can carry over indefinitely

Accrued but untaken holiday can remain an entitlement indefinitely, even if a contract had no specific provision for paid annual leave.

Posted 13th September 2017

Vicarious liability for a third party

An organisation can be held accountable for the actions of a third party if those actions are sufficiently linked to the duties carried out on behalf of the organisation.

Posted 13th September 2017

General Data Protection Regulation: Preparing for the change

The aim of the General Data Protection Regulation (GDPR) is to harmonise data protection laws across the EU and to deal with significant advances in information technology and approaches to information sharing. This Briefing Note focuses on the GDPR from an employer’s perspective but many companies and other organisations will have other obligations under GDPR as well.

Posted 13th September 2017

Disability discrimination during recruitment

It was disability discrimination to require an applicant with Asperger's Syndrome to sit a multiple choice test without adjusting it so that she could give short narrative answers instead.

Posted 13th September 2017

Group disadvantage is required for indirect discrimination

Individuals are protected from being directly and/or indirectly discriminated against in connection with a protected characteristic under the Equality Act 2010 (EqA). Under Article 9 of the European Convention on Human Rights (ECHR), individuals are guaranteed “the right to freedom of thought, conscience and religion; this right includes freedom ... to manifest his religion or belief, in worship, teaching, practice and observance.” The cross-compatibility of the two directives was considered in this case.

Posted 13th September 2017

Disability cannot just be alleged

The Employment Appeal Tribunal (‘EAT’) found a claim for harassment connected to disability could not succeed based on an asserted disability. Disability had to be proved (or conceded).

Posted 13th September 2017

Unjustified Suspension of Teacher was a Repudiatory Breach of Contract

This High Court case highlights (again) why employers must take great care when considering whether to suspend an employee who is accused of gross misconduct allegations. Get it wrong and an unjustified ‘knee jerk’ suspension will be a breach of the implied term relating to mutual trust and confidence.

Posted 13th September 2017

Abolition of Employment Tribunal Issue and Hearing Fees

On 26 July 2017 the Supreme Court unanimously declared that employment tribunal and employment appeal tribunal fees are unlawful under both UK and EU law as they prevented access to justice. From this date no fees are payable and fees already paid are going to be reimbursed by the government.

Posted 13th September 2017

Holiday pay includes regular voluntary overtime

The Employment Appeal Tribunal (EAT) has (unsurprisingly) upheld an employment tribunal’s decision that voluntary overtime payments to certain employees should be included in the calculation of holiday pay.

Posted 13th September 2017

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