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Welcome to this months update.
I'll kick off with some 'digital admin', if I may. Please click the button to the left to log in to the hub so you can access all this month’s content.

Ok let's get going! Don't miss the agency workers case below - it's a really useful clarification on the boundaries of those rights and a good decision for businesses.

I'd also have a good look at the latest case on worker status and why that can prove crucial. Particularly when you then consider the case on holiday pay.
There are sure to be more cases on holiday pay and whether a business’ liability will be curtailed by the 3 month “gap”. In the meantime though, this is definitely something to be alert to when undertaking your transfer “due diligence” on potential liabilities and seeking appropriate warranties and indemnities. It could also be a good bargaining opportunity in terms of price if you are acquiring a business in the future.

As always, any questions, please don't hesitate to get in touch.

Enjoy the update, and speak soon.

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New Case Law
Agency Workers
In Kocur v Angard Staffing Solutions, the employee worked in a mail centre. Vacancies for permanent jobs were put on a notice board but offered to direct employees first. Agency workers could not apply. The employee brought a claim saying this breached the AWR.

Unfair Dismissal - Contributory Fault
In Wilkinson v Driver and Vehicle Standards Agency the Tribunal imposed a Polkey deduction and reduced compensation and basic award to 0. The EAT disagreed. Read the detail below.

Fire & Rehire - Implied Terms
In USDAW and ors v Tesco Stores Ltd, an injunction has been granted which prevents Tesco from using the practice of firing and rehiring on new ts & cs. We look at why & what it means for employers.

Employees to Get Their Fair Share of Tips
The intention is to provide employees the ability to claim under the existing unlawful deduction of wages legislation for tips withheld or deductions made. We've got the latest.

Employment Status
The latest in the worker status saga, this month has seen another rare win for the employer in the worker status litigation, in Waters v Mote Cricket Club. Fact sensitive but one which we can learn from.

Holiday Pay
The Court of Appeal has recently confirmed in Smith v Pimlico Plumbers that a worker’s right to paid annual leave is a single composite right - to leave and to pay for that leave – and strongly challenged the principle set out in the Bear Scotland case. Here's the latest.

Dignity at Work
Is it unlawful harassment to ask a flatulent colleague to stop breaking wind in a shared space?

Not according to the employment tribunal in Mohammed v CPS.

Whistleblowing and Confidential Documents
The latest in the worker status saga, this month has seen another rare win for the employer in the worker status litigation, in Waters v Mote Cricket Club. Fact sensitive but one which we can learn from.

Increase in Compensation Limits
From 6th April 2022, the limits on employment tribunal compensation will increase and apply to any dismissals that take place after that date. We've got the key changes you need to know.

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Updates & New Resources
How do you achieve a genuine belief based on reasonable grounds?
Download this decision tree - taken directly from our training courses to help you decipher whether you have a genuine belief based on reasonable grounds.
Covid-19 Current Position
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.

Whilst we know the last couple of years have been a whirlwind - the changes are still coming thick and fast as we start to move back to a post-Covid world. Loads to think about for employers here, so we've put together this guidance to cover a few of the main questions landing with our team, including what to do if an employee tests positive for Covid but says they are still fit to attend work, and what to do if you don't want them to come to work.

Claire Rosney, Employment Lawyer, Vista
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In The News
The Latest on P&O Ferries
Stephen takes a quick look at what’s going on at the organisation and what employment law lessons we can learn.

Vento Bands: Explained
With compensation limits increasing imminently, Stephen Foster & Luke Richardson spend 5 minutes explaining Vento bands, the three levels and importantly, what employers can do to limit their losses if they find themselves losing a discrimination claim.

Free Workshop: They Call it Bullying, I Call it Management
We'll be exploring how to support a line manager who has been accused of bullying, how to help managers distinguish bullying from performance management and how to continue performance managing when bullying allegations are made. Book your free place below!

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