01 APRIL 2020
Employers faced with an employee who has been charged with a criminal offence, but who has not yet gone to trial and been found guilty, should ensure they carry out their own investigations before dismissing the employee, to avoid an unfair dismissal claim.
01 APRIL 2020
Employers offering enhanced contractual maternity pay to mothers are not guilty of direct or indirect discrimination, and are not breaching equal pay rules, if they fail to give enhanced pay to fathers taking shared parental leave as well, the Supreme Court has confirmed.
03 FEBRUARY 2020
Employers should take action now to ensure they comply with employment law changes coming into force in April 2020.
01 JANUARY 2020
Employers considering whether to dismiss an employee should ensure the relevant decision-maker enquires into the background to the proposed dismissal, particularly whether the reason adopted by the decision-maker is (unknown to the employer) an invented reason hiding the real reason for dismissal – for example, because they are a ‘whistleblower’ who made a protected disclosure.
01 JANUARY 2020
Employers faced with an unfair dismissal claim may be able to argue any award made should be reduced on grounds the employee’s conduct leading to the dismissal was blameworthy or culpable – it need not satisfy the more stringent test that it was gross misconduct.
01 JANUARY 2020
Employers settling claims by pregnant employees who want the settlement agreement to cover statutory maternity pay (SMP) must expressly mention it in the agreement, otherwise it will not be covered and the employee will be able to claim it separately.
01 OCTOBER 2019
Employers should be aware that issues raised by a worker in relation to their personal situation, such as issues relating to their work performance, can amount to protected disclosures (ie, whistleblowing) if the worker reasonably believes raising them is in the public interest.
01 SEPTEMBER 2019
Employers failing to comply with employment law in relation to employees who are in the UK illegally cannot expect to avoid legal claims simply because the employee is employed illegally, a recent ruling makes clear.
01 AUGUST 2019
Employers will welcome a ruling that a restriction in a clause in an ex-employee’s employment contract, stopping her from being ‘interested in’ any competitor business and which was too wide to be enforceable, could be ‘severed’ from the other restrictions in the clause, so those other restrictions remained enforceable against her.
01 AUGUST 2019
Employers and employees will welcome clarification of factors to take into account when considering whether secret recordings of meetings, conversations, etc by employees amount to gross misconduct, and breach the implied duty of mutual trust and confidence between employers and employees.
Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
<p>Guidance from <a href="https://www.acas.org.uk/">Acas</a> for employers and employees when working from home because of the coronavirus (COVID-19) pandemic, highlighting both employer and employee responsibilities. It covers health and safety; equipment and technology; checking how systems are working; setting clear expectations; keeping in touch; pay and terms and conditions of employment; working from home and childcare; expenses; insurance, mortgage or rent agreements.</p>
Acas guidance and a range of practical resources on age discrimination and the Equality Act 2010.
Guidance on understanding the employment status of an agency worker and the advantages or disadvantages of agency work.
Acas guidance for both employers and employees on workplace bullying and harassment
Acas code of practice on how employers should handle flexible working requests in a reasonable manner.
Acas step-by-step guide for all employers of all sizes on how to go about conducting a disciplinary investigation.
Information from Acas on contracts and written statements of employment, including an example statement.
Acas guidance and a range of practical resources on disability discrimination and the Equality Act 2010.
Acas advice for employers and employees on discipline issues, covering common questions and answers.
Acas statutory Code of Practice for handling disciplinary and grievance issues in the workplace.
This is not an exhaustive list of legislation relating to employment. The ICAEW Library holds numerous print publications on employment law and also subscribes to electronic databases with the complete text of UK legislation. For information on accessing these resources, please contact the Library.
Collection of guidance from GOV.UK covering pay, contracts and recruitment.
Resources from the Chartered Institute of Personnel and Development (CIPD) include factsheets, international guidance and survey reports.
Code of practice on disciplinary and grievance procedures
Guide produced by Acas. Last updated March 2015.
Subscription employment law resource from DiscLaw Publishing with a range of free information sources. The site includes a directory of employment law abbreviations, employment law definitions, summarised cases and a subject based directory of information on current employment law.
Articles and books in the Library collection
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