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Case law: Employer who didn't give worker 'adequate facilities' to take paid holiday must pay 13 years' arrears of holiday pay

Employers must ensure they have identified their 'workers', and that they have given them 'adequate facilities' to request paid holiday. Otherwise, they risk having to pay arrears for untaken holiday when the worker's engagement ends, even if the worker has not asked to take holiday - the CJEU has confirmed.Read more

Posted on 2 January 2018 | 12:18 pm

New guidance: Acas publishes guidance where workers allege unwanted harassment at work, including historic allegations

Following media coverage of harassment in the workplace, employers will welcome new Acas guidance for workers who have experienced this. The guidance will also help employers deal with current and historic allegations from employees.

The guidance, Sexual harassment, clarifies when acts or behaviour in work can amount to unwanted conduct of a sexual nature, and explains how to report it.… Read more

Posted on 2 January 2018 | 12:16 pm

New law: Government announces annual increases in maternity, sickness and other statutory payments in 2018

The Department for Work and Pensions has announced proposed increases to statutory benefit payments as follows:

  • Statutory maternity, paternity, adoption, shared parental pay and maternity allowance will increase from £140.98 per week to £145.18 a week
  • Statutory sick pay will increase from £89.35 to £92.05 a week

The new rates are available in a DWP statement.… Read more

Posted on 2 January 2018 | 12:15 pm

New guidance: Acas publishes new guidance for employers on 'reasonable adjustments' for disabled workers

Employers will welcome new Acas guidance to help them determine when and what reasonable adjustments need to be made for a disabled worker.

The law requires employers to make 'reasonable adjustments' for disabled workers (including job applicants) to minimise any disadvantage they may be under because of their disability.… Read more

Posted on 2 January 2018 | 12:12 pm

Case law: Employers should consider reasonable adjustments for disabled employees when changing their work environment

Employers should ensure they identify reasonable adjustments required for disabled employees, and act on them, when changing their working environment - or risk legal claims.

A disabled employee had mobility problems. Her employer identified a number of reasonable adjustments that should be made for her, including a new desk and adjustable chair, but nothing was done about these until office changes were made around six months later.… Read more

Posted on 2 January 2018 | 12:11 pm

Case law: Tribunal clarifies when discussions with employees about their performance are protected by 'without prejudice' rules

Employers should be clear whether or not the 'without prejudice' rules apply to their discussions with employees about their performance, and ensure they do not inadvertently breach those rules by, for example, referring to those discussions in subsequent disciplinary proceedings, as a recent ruling highlights.Read more

Posted on 2 January 2018 | 12:10 pm

Case law: Employees cannot claim dismissal was for whistleblowing if relevant disclosure was solely in their own self-interest

Employers faced with a whistleblowing claim from an employee should investigate the employee's motives for making their disclosure, as disclosures made purely in the employee's self-interest will not amount to whistleblowing.

An employee made a disclosure to her employer in her own interests and was subsequently dismissed.… Read more

Posted on 2 January 2018 | 12:09 pm

Case law: Employer held vicariously liable for publication of confidential data online in breach of data protection law

Employers should ensure employees are aware of any limits and restrictions on their activities, to reduce the risk of them acting wrongly in the course of their employment so that the employer becomes liable for their wrongful acts, a recent ruling makes clear.Read more

Posted on 2 January 2018 | 12:07 pm

New law: European Commission issues alert on potential effect of Brexit on UK companies and their EU branches

Companies established in the EU should consider a Notice issued by the European Commission that UK companies and their branches in the EU will not necessarily be treated as having legal personality or limited liability by EU member states after Brexit.Read more

Posted on 2 January 2018 | 12:04 pm

Case law: Couple's failure to clarify property rights results in costly court action

Couples in a relationship should clearly record their intentions in relation to property ownership, and other rights in property in which they both have an interest - or risk costly court proceedings.

A husband and wife separated. The wife remortgaged a property she owned in order to buy another one.… Read more

Posted on 2 January 2018 | 12:03 pm

Case law: Court clarifies when court will relieve directors from liability for breach of statutory duty

Directors of UK companies will welcome clarification as to when the court will relieve them from liability for breaches of their statutory duties on grounds they behaved honestly and reasonably.

Directors' statutory duties include duties to avoid situations in which their interests conflict, or may conflict, with those of their company; not to accept benefits from third parties; and to declare their interests in transactions entered into by their company.… Read more

Posted on 2 January 2018 | 12:01 pm

Case law: Failure to observe underlying understanding led to successful unfair prejudice claim by minority shareholder

Parties involved in a private company must comply with any non-contractual arrangements and/or understandings between them, as well as the company's constitution and other formal agreements, or risk a successful claim from an 'unfairly prejudiced' shareholder.

A businessman was the majority shareholder of a company (Co A) which was, in turn, the majority shareholder of a football club.… Read more

Posted on 2 January 2018 | 12:00 pm

Case law: Luxury goods brands can lawfully restrict sale of goods on third party online platforms

Owners of luxury brands will welcome a European ruling that they can lawfully stop distributors from selling their goods on third party online platforms, including websites such as Amazon, as this may affect the status of their brand.

A luxury cosmetic company appointed a distributor to distribute its products in physical shops and online.… Read more

Posted on 2 January 2018 | 11:58 am