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EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies 

In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria.   The Claimant, Ms Mogane, was employed as … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination.  In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims.  In order for any such agreement to be binding it must satisfy certain conditions.  The extent of these … Continue reading

Let’s Get This Straight: Entitlement to Overtime under the British Columbia Employment Standards Act

Employee entitlement to overtime wages under the British Columbia Employment Standards Act (the “ESA”) is often misunderstood. Common mistakes include assuming that entitlement to overtime wages is based on how an employee is paid (hourly, monthly salary, annual salary, etc.) or that employees that have not been expressly asked or authorized to work overtime are … Continue reading

Italy’s Jobs Act under scrutiny: Are critics missing the big picture?

In the final days of the particularly tense campaign leading up to the parliamentary election in Italy, politicians from all sides of the political spectrum made bold proclamations on a variety of topics; for the most part, this was predictable and inevitable. Nevertheless, it was surprising to read the statements made by two former labour … Continue reading

Philosophical and religious beliefs: Balancing the issues

Two recent employment cases regarding “gender critical” beliefs have highlighted the difficulties in this area and whether such beliefs are capable of protection under the Equality Act 2010. Religion or belief is one of the nine protected characteristics covered by the Equality Act 2010.  The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation in … Continue reading

Global Employment Law – Work from Anywhere: Leadership Challenges – Transforming Workplace -#17

This is the 17th paper in our Transforming Workplace series. In our earlier article, we explored why employees’ expectations of their leaders have changed and why organisations need to upgrade leaders’ skills and behaviours.   In this paper we now examine ow organisations can upskill their leaders to meet the specific leadership challenges arising from ‘work … Continue reading

Calling a man “bald” can amount to harassment related to sex

The Employment Tribunal (ET) has found that an employee that was called “a bald ****” by a fellow male colleague was harassed based on his sex. The Claimant presented a number of other claims against the Respondent, including unfair dismissal, wrongful dismissal, victimisation and health and safety detriments; however, this post focuses on the Claimant’s … Continue reading

Global Employment Law – Work from Anywhere: The end of the office? – Transforming Workplace – #16

This is the 16th paper in our Transforming Workplace series. In our previous paper, we discussed how to make ‘work from anywhere’ work better.  In this paper we now examine whether the day of the office, as we know it, has ended Work from Anywhere:  The end of the office? – Transforming Workplace – #16 This … Continue reading

Global Employment Law- Work From Anywhere: Make it work better – Transforming Workplace -#15

This is the 15th paper in our Transforming Workplace series. In this paper we examine how ‘work from anywhere’ can be made to work better. Work From Anywhere: Make it work better -Transforming Workplace – #15 This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, challenges and risk of the transforming … Continue reading

UK Pensions: Use of reasonable [en]force[ment] – unnerving for those on the receiving end?

Speaking to banking colleagues recently about what the Pensions Regulator’s stronger powers mean for them reminded me just how much turns on the Regulator’s view of what is reasonable. There has been a great deal of discussion about the wide range of circumstances in which the Regulator could use its various powers (what the Regulator … Continue reading

The Employment proposals in the Queen’s Speech: Absence of the Employment Bill

On 10 May at the State Opening of Parliament, the legislative intention of the Government for the next parliamentary session was set out in the Queen’s Speech.  Despite the speech containing proposals for 38 new laws, the long awaited Employment Bill was omitted. The Employment  Bill, which was first proposed in 2019, was intended to … Continue reading

Employee data compliance: Data minimization and deletion obligation

To avoid fines, the lawful processing of employee data must respect the principle regarding data retention. Employers are obliged to erase data that is no longer required, in particular regarding the publication of employee profiles or data processed in connection with COVID-19. A recent decision (Neuruppin Labor Court, December 14, 2021 – ref. 2 Ca … Continue reading

Global Employment Law – The Decline (and Fall?) of the Five-Day Workweek – Transforming Workplace -#14

In our previous article in the Transforming Workplace series we outlined the benefits of short-term “work from anywhere”.  In this article, we focus on the advantages of introducing flexible hours and days. The Decline (and Fall?) of the Five-Day Workweek   This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work From Anywhere: Short Term – Transforming Workplace -#13

In our previous articles in the Transforming Workplace series we examined the challenges of “work from anywhere”.  In this article, we consider the best options for introducing “work from anywhere” on a short-term basis in your organisation. Work from Anywhere: Short-Term This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work From Anywhere: Benefits & Challenges – Transforming Workplace -#12

In our previous article in the Transforming Workplace series we examined the hybrid model of work.  In this article we discuss the benefits and challenges of “work from anywhere”, including on a hybrid work mode. Work From Anywhere:  Benefits & Challenges This article is part of our Transforming Workplace series.  Other articles exploring the opportunities, … Continue reading

Global Employment Law: Work from anywhere: Hybrid model – Transforming Workplace -#11

Our previous articles in the Transforming Workplace series discussed some of the important issues relating to the worldwide trend of working from anywhere.   In this article we examine the hybrid workplace, where employees combine some level of “work from anywhere” with some time attending their worksite. Work from anywhere: Hybrid model This article is part … Continue reading

Global Employment Law: Work from anywhere: Does it suit everyone?- Transforming Workplace – #10

We considered the growth in the number of employees ‘working from anywhere’ in our previous articles in the Transforming Workplace series.  In this article we focus on suitability – does “work from anywhere” suit all jobs, all countries, and all employees? Work from anywhere:  Does it suit everyone? This article is part of our Transforming … Continue reading
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