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Employment notes Blog

Articles: 1-10 of 390

Australia: Whistleblower protection regime

Australia - December 14 2017 On 7 December 2017, the Australian Government took a further step towards whistleblower reform by introducing the Treasury Laws Amendment (Enhancing…

UK: over-thorough investigation did not render dismissal unfair

United Kingdom - December 12 2017 In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair. It is for the decision-maker…

UK: proposed reforms to fitness for work, statutory sick pay and mental health protections

United Kingdom - December 12 2017 An independent review of mental health at work, commissioned by the Prime Minister, has been published. The Stevenson/Farmer review calls on…

UK: dismissal for failure to produce right to work documents could be unfair

United Kingdom - December 12 2017 The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work…

UK: Court of Appeal reinstates burden of proof for discrimination claims

United Kingdom - December 12 2017 The Court of Appeal has held that the EAT ruling in Efobi v Royal Mail Group (that it is not incumbent on the claimant in a discrimination claim to…

UK: gig economy developments, including important ECJ ruling on holiday pay, Uber and Deliveroo rulings on worker status, and delay to government proposals

European Union, United Kingdom - December 12 2017 The ECJ has agreed with the Advocate-General's opinion in King v Sash Windows that workers denied paid holiday can carry over their 4 weeks'…

UK: worrying High Court data protection ruling imposing vicarious liability on employers

United Kingdom - December 12 2017 A recent High court decision (subject to appeal) has ruled that an employer can be vicariously liable for an employee’s misuse of data even where it…

UK: ECJ ruling on breastfeeding risk assessments, Acas pregnancy/maternity guidance, and bereavement leave bill

United Kingdom - December 12 2017 In the Spanish case Ramos v Servicio Galego de Saude, the ECJ has ruled that it is insufficient for an employer to carry out only a general risk…

UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager

United Kingdom - December 12 2017 The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed. The EAT had ruled that the reason…

UK: duty not to mislead employee as to reason for dismissal

United Kingdom - December 12 2017 In Rawlinson v Brightside Group, the EAT held that the duty of trust and confidence includes an obligation on an employer not to deliberately mislead…