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Hello!
Welcome to the April update.
Remember to log in to access all this months content.

As always there are some good practical cases here for employers. The cases on PILON and restrictive covenants demonstrate that well drafted contracts of employment can be used to the advantage of the business. They also emphasise the importance of regularly reviewing your contracts and Service Agreements, or, at the very least, doing so when you recruit or promote key individuals.

There is also a really good case on victimisation claims which demonstrates that whilst the bar for individuals claiming they have suffered a detriment is relatively low, it is still possible to defend such claims if you can "show your workings".

So, as always, I hope you find this months edition useful and please do not hesitate to contact the Vista team if you would like any further details or support.

Stephen

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New Case Law
Victimisation
Recently, the EAT looked at a case where the employment tribunal got things wrong in terms of deciding if there had been victimisation and the claimant had in fact suffered a ‘detriment’.

We've got the latest on Warburton v Chief Constable of Northamptonshire Police.

Employment Status
This case is an interesting insight into the fact that the Tribunals are increasingly looking beyond the contract and focusing on the reality.

So employers, it is increasingly important to undertake a careful assessment of the relationship in reality.

Indirect Discrimination - Pools of Comparison / Selection
In Allen v Primark Stores Ltd the Employment Appeal Tribunal has confirmed that any comparison pool must be constructed by an accurate reference to the PCP in question.



Disclosure & Protecting Business Interests
An employee brought claims for unfair dismissal and whistleblowing, including over 100 alleged protected disclosures.

Here's what happened at the EAT.



Confidential Information
In Barbulescu v Romania, the employee was dismissed for personal internet use which was banned at work.

Cases involving privacy at work are legally and factually complex - we look at what we can learn from a HR perspective.


Pay In Lieu Of Notice
In this case the employee resigned, but the employer ended the contract before the notice period had ended by making a payment in lieu of notice. The employee claimed unfair dismissal. We look at the EAT's decision.

Restrictive Covenants
This case gives a goods insight into how the courts apply the strict rules surrounding non-compete clauses in situations where they are needed the most.


Restructures & Redundancy
Every HR professional has heard this story. Here is the very latest, and the what, how, and why of the P&O Ferries saga.



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Updates & New Resources
Living with Covid-19 Guidance
There have been some big changes for employers in the last month or so. Here are some of the answers to the most common FAQ's we've been receiving.

Injury to Feelings
A case called Vento v Chief Constable of West Yorkshire Police set guidelines for how injury to feelings awards should be calculated. Cases will fall into three bands, that have just been updated. Here is our video covering what the new bands are and how Vento bands work in practice.

National Minimum Wage
The government has confirmed that it has accepted the views of the Low Pay Commission and applied the following increases in the National Living Wage and National Minimum Wage from 1 April 2022:

  • Age 23 and over (the National Living Wage) - £9.50 per hour (up from £8.91)
  • Ages 22 and 23 - £9.18 (up from £8.36)
  • Ages 18 to 20 - £6.83 (up from £6.56)
  • Ages 16 and 17 - £4.81 (up from £4.62)
  • Apprentice rates - £4.81 (up from £4.30)

It is worth noting that the government has also accepted that the exemption from NMW rates for live-in domestic workers is unfit for purpose and should be removed when parliamentary time allows.

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In The News
How to Support Managers with Trade Union Relationships
Trade Union action is on the rise in the UK. Inexperience and a lack of understanding of the process and positioning can lead to managers feeling bruised after meetings with union representatives and members.

So how can HR teams support managers during these times? Here’s 3 ideas from our IR team.



DSAR
Receiving a data subject access request (DSAR) from an employee can feel daunting.

In this guidance note we cover the key stages of responding and how to manage the request appropriately, including:
  • Carrying out an initial assessment
  • Diarising the deadline to respond
  • Clarifying the detail 
  • Finding, retrieving and redacting the data
  • Responding appropriately

New Workshop: Good Disciplinary Decision Making
How can you be confident your disciplinary decisions are both fair and legal?

This webinar will be hosted by 2 industry leading experts, and talks through a technique to ensure that the decision really is ‘within the range of reasonable responses’.

You can book your place on our website below.



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