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Employment
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Be proud of diversity!

Be proud of diversity! This weekend is Pride Cymru and as the city celebrates diversity and individuality, we take a look at how businesses can embed values that ensure ongoing support for members of the LGBT community in the workplace. There have been some shocking statistics in the news recently, indicating that while more and...
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Flexible working – is this about to become the norm?

Flexible working – is this about to become the norm? Currently, it is fair to say that the law on flexible working is fairly…well… flexible!  It is also fair to say that this area of law is particularly “employer friendly”. But is this about to change? There is no right for an employee to work...
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TUPE: Keeping Minimum Wage Records

TUPE: Keeping Minimum Wage Records In the event of a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the duty to keep and produce wage records for the employees that transfer lies with the transferee. The Employment Appeal Tribunal held in the case of Mears Homecare Limited v Bradburn and...
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In the course of employment

In the course of employment Whenever we are advising employers and their staff about postings on social media, two Employment Appeal Tribunal (EAT) cases always spring to mind. The first is the case of Game Retail Limited v Laws (2014). Mr Laws was employed by Game in a role which had responsibility for 100 of...
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Advertising and marketing – the new equalities frontier?

Advertising and marketing – the new equalities frontier? Since the introduction of the Equalities Act in 2010, the equalities focus of most employers has been on the employment relationship. On one level, this is entirely understandable – the vast majority of equalities litigation is in the field of employment law and tribunal claims are at...
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A guide to TUPE

A guide to TUPE TUPE is a complex piece of legislation that can be difficult to understand. We've written a series of notes in order to provide some guidance on TUPE, please see below for the first 6.  Overview: what is TUPE? Asset transfers/business purchase: 5 common questions Service provision changes and being "essentially dedicated"...
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Dismissing an employee with permanent health insurance – is it a breach?

Dismissing an employee with permanent health insurance – is it a breach? If an employee is off on long term sick leave, benefitting from permanent health insurance, and the employer dismisses that employee resulting in a loss of those benefits, is this a breach of the implied term of trust and confidence? Historically, case law...
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Disability discrimination and perceived disability

Disability discrimination and perceived disability Rejecting a job applicant because of the perception that a health condition could affect their ability to carry out the day-to-day activities associated with the role in the future constitutes direct disability discrimination. This was confirmed by the Court of Appeal last month in the case of Chief Constable of...
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Acuity Law welcomes Mark Alaszewski to the employment team

Acuity Law welcomes Mark Alaszewski to the employment team We're delighted to announce that Mark Alaszewski has joined our employment team as an associate. Mark joins us with over 10 years' post-qualification experience in a predominantly claimant based practice. He has advanced skills in employment tribunal litigation having successfully run claims in all major fields...
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Back-dated holiday pay claims in Northern Ireland – more changes to come?

Back-dated holiday pay claims in Northern Ireland – more changes to come? Holiday pay claims brought as unlawful deduction of wages claims under the Employment Rights Act 1996 (ERA) must be brought within 3 months of (1) the unlawful deduction, or (2) the last in a series of deductions. Where there has been a series...
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