Is maximum workplace temperature legislation possible?

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Following the Great British Heat Wave, many employees (and employers) across the country are asking the question: ‘Why isn’t there a legally enforceable maximum workplace temperature?’ This isn’t the first time the question has come up, but it is the first time a maximum workplace temperature has become a real possibility. Why haven’t we already got a maximum workplace temperature? … Read More

Gross misconduct or an error of judgement?

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Mr Piotr Borowicki (B) was employed as a bus driver in Aberdeenshire between April 2007 and January 2016. In January of 2015 in bad weather B drove his bus through floodwater. There were no passengers on board and B, who has several years bus driving experience under his belt, believed that he could drive through and clear the flood. Unfortunately, … Read More

Intrusive Interference or Legitimate Interest – How much should you monitor people at work?

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Monitoring work activity is no longer just the case of a manager or supervisor directly observing their team, the rapid growth of technology has enabled a wide range of monitoring activities and used inappropriately or unfairly, monitoring could be counter-productive and have a demoralising effect. There are many reasons why organisations may want to monitor the activity of people at … Read More

National Minimum Wage – The Current Situation

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The National Minimum Wage has been the focus of many legal cases recently, with everything from sleep-in shifts and whistleblowing, to national naming and shaming for firms failing to pay the NMW. With so much going on, it can be easy to lose track of what you need to be aware of, and what the latest ruling is. So, here … Read More

When is Workplace Surveillance acceptable?

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A recent report by the TUC found that over half of UK workers believe they are being monitored by a senior member of staff at work. What form does surveillance take? Technology can now be deployed for monitoring in a variety of different ways. Digital monitoring includes techniques such as location tracking, CCTV, facial recognition, social media monitoring, and keyboard … Read More

Indirect discrimination and failing to make reasonable adjustments

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A designer whose role was changed after her employer became concerned about her anxiety disorder, has won claims for disability discrimination and failure to make reasonable adjustment at her place of work. Jenna Frost, who had suffered from anxiety throughout her life, worked as a senior designer at Colchester-based Retail Design Solutions from April 2014. The tribunal heard that her … Read More

Avoiding National Minimum Wage naming and shaming

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July saw the second round of NMW (National Minimum Wage) naming and shaming. With it came another 22,400 employees receiving back pay, as well as a further £8.4 million in fines to pay to the Government, with some firms not having paid minimum wage correctly for over 6 years! The fact we have seen a second round of ‘naming and … Read More

When is it legal to access an employee’s medical records?

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It is essential to have a medical report for an employee if you’re considering dismissing for capability reasons or looking at whether an employee has a disability and therefore requires reasonable adjustments at work. Medical reports can be obtained from a doctor, or from Occupational Health, but it’s sensitive information and GDPR provides extra protections for sensitive data. Obtaining a … Read More

Employment law update

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October 2018: Childcare Voucher Scheme From 4th October 2018, childcare voucher salary-sacrifice schemes will close to all new applicants. Existing users will still be able to receive vouchers providing: You stay with the same employer and they continue to run the scheme You do not take an unpaid career break of longer than a year The new tax-free childcare scheme … Read More

Training fees, maternity leave and discrimination

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Many employers that fund training insist on reimbursement if the employee leaves within a certain period. With the right agreement this is perfectly legal, but what must you not do if the employee then goes on maternity leave? Protecting your assets Whilst external training and qualifications can benefit your business, a down side is that the employee leaves soon after … Read More