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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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Time off to accompany to ante-natal appointments

Pregnant employees and certain agency workers already have the right to paid time off for antenatal appointments. From 1 October 2014 employees in a qualifying relationship will be able to take unpaid time off for ante-natal appointments to accompany them.

Posted 14th July 2014

Information Commissioner publishes data protection guide on employee liability information under TUPE

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), the outgoing employer (the Transferor) must give specific information, known as employee liability information, to the incoming employer (the Transferee) about the employees that will transfer to it.

Posted 10th July 2014

Informing and consulting under TUPE as a micro-business

From 31 July 2014 micro-businesses may inform and consult under TUPE directly with affected employees.

Posted 10th July 2014

Employment reference for policeman could not include details of pending disciplinary allegations

This High Court case, involving a senior police officer, illustrates the competing legal responsibilities on a public sector employer and how these can make providing an employment reference a difficult and complex task. Some readers may also conclude that this case further illustrates how the Data Protection Act can create unwelcome and surprising outcomes that are best avoided.

Posted 9th July 2014

Constructive unfair dismissals and the date of resignation

An employee loses the right to claim constructive and unfair dismissal if he or she delays too long before resigning; unreasonable delay allows the employer to argue that its breach of contract has been “affirmed” by the employee. The Employment Appeal Tribunal (EAT) in this case stresses that the timing of a resignation is an important factor but it must not be considered in isolation. Employment tribunals must consider the date of resignation in context.

Posted 1st July 2014

Reasonable Adjustments for an Employee Associated with a Disabled Person

Previous case law has held that direct discrimination can occur when an employee is associated with a disabled person. The Court of Appeal in this case was asked to decide whether associative discrimination could apply to the obligation to make reasonable adjustments.

Posted 18th June 2014

What Happens to Accrued Annual Leave When an Employee Dies?

Is an employee’s accrued and untaken annual leave extinguished by his death? This was the question the Court of Justice of the European Union (‘the CJEU’) had to decide in a recent case.

Posted 18th June 2014

Check List | Dealing With Flexible Working Requests

This employer’s check list covers the key practical issues to consider when dealing with a flexible working request.

Posted 18th June 2014

Flexible Working Requests For All

From 30 June 2014 the right to request to work flexibly is being extended to all employees (who have at least 26 weeks’ service) regardless of their parental or caring responsibilities. The existing prescriptive statutory procedure will be replaced with a new statutory duty on all employers to deal with the requests in a “reasonable manner” and to notify employees of their decision within three months of the request, unless an extension is made.

Posted 18th June 2014

Care Worker Entitled to be Paid for Sleepover Shifts

The EAT has confirmed that a care worker who was required to undertake “sleep over” night shifts was entitled to be paid the National Minimum Wage for each hour she was on the premises even if she did not carry out any work or spent time sleeping. As we explain below a key factor in this decision was the statutory obligation on the employer to ensure staff were available on the premises at all times and the claimant was there to fulfil that obligation.

Posted 11th June 2014

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