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New guidance from Acas on employees with long-term or life-threatening conditions

Acas has published a new guide to help employers manage staff with long-term or potentially life-threatening conditions, including cancer, HIV and multiple sclerosis. As well as specific sections on these three conditions, the guidance, Conditions automatically treated as a disability - The Equality Act and Cancer, MS and HIV, covers topics including telling the employer, [...]

Small businesses may be able to rely on external advice when dismissing an employee

A small and/or owner-managed employer may fairly dismiss an employee on the advice of an external HR consultant in certain circumstances, according to a recent ruling. The owner of a small business had nine employees and dismissed a senior manager for gross misconduct. The conduct in question involved "a senior manager engaging in sexual activity [...]

Self-employed or Worker – what rights do subcontractors have?

Trade businesses frequently use subcontractors to help meet the demand of their workload. Often there is no difficulty in establishing that subcontractors are self-employed and are therefore afforded no employment related rights against the contracting business. If the relationship between the business and the subcontractor renders the latter a ‘worker’, then there are additional obligations [...]
Suspending an employee pending investigations was not a ‘neutral act’, and amounted to constructive dismissal

Suspending an employee pending investigations was not a ‘neutral act’, and amounted to constructive dismissal

Employers should not suspend employees as a first reaction to a potential disciplinary matter, and only after an appropriate initial investigation, and after the employee is given opportunity to respond to the allegations - particularly where the employee’s job is vocational, a recent ruling makes clear. A teacher was suspended following allegations she had used [...]

Retrospective Sanction on Breach of Contract Was Unenforceable as it Amounted To a ‘Penalty’

Businesses negotiating termination clauses in contracts should avoid imposing financial sanctions on breach of contract which are to apply retrospectively, or risk the clause being found to be a penalty and therefore unenforceable, following a recent ruling. A landlord and tenant entered into a lease which provided for payment of a headline rent. They also [...]