Employment Law Update October 2018

The latest employment law news and case law.
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Parental Bereavement (Leave and Pay) Act

 

The Parental Bereavement (Leave and Pay) Act 2018 has now received Royal Assent.

The related Bill was introduced to Parliament in July 2017. Under the bill, employed parents who have lost a child would be entitled to statutory paid leave to allow them time to grieve away from the workplace. Following this, the Department for Business, Energy and Industrial Strategy (BEIS) collaborated with employers, employee representatives and campaigners on behalf of working families to understand the needs of both parents and employers.

 

Establishing if a disability is a disability

 

Can an employee prove disability without leading evidence on the impact of the employee's impairment on normal day to day activities?

Does an employer have constructive knowledge of disability if an employee has denied having one?

A recent case in the Employment Appeals Tribunal recently explored these issues and found the answer to be "no". The case was Mutombo-Mpania v Angard Staffing Solutions Ltd.

 

Giving notice for an internal promotion

 

Does giving notice amount to an unambiguous act of resignation? Not necessarily, said the Employment Appeals Tribunal in East Kent Hospitals University NHS Foundation Trust v Levy.

 

Can an employer give a bad employment reference?

 

References are often asked for in job applications.There is usually no legal obligation to provide a reference.

However, employers that give references must make them fair and accurate. Accordingly, employers who ask for references must handle them fairly and consistently.

 

Employer Protection from Tribunals

A business is statistically more likely to have an expensive employment claim than experience a serious fire, theft or flood claim. Our new way to pay for employment advice protects you against the unknown HR issues...

October 2018
Paul Burton
Associate - Head of Employment
Paul is an employment solicitor specialising in both contentious and non-contentious matters.
pburton@frettens.co.uk
01202 499255

 
 
Kate Fretten
Partner - Employment
Kate specialises in both contentious and non-contentious employment issues.
kfretten@frettens.co.uk
01202 499255

 
 
 
Employment Law Training

Date: Wednesday 21st November 2018

Location: Playgolf Bournemouth

Time: 9.30am

Subject: Employment Status

Paul and Kate will cover the topical subject of Employment Status at the November event. There has been a lot of case law recently on this difficult subject and therefore it should be of interest to those dealing with determining the status of their staff.

Register