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01 June 2020
Acas recently published guidance on how to deal with Disciplinary and grievance procedures during the coronavirus pandemic. The guidance notes that it is for an employer to decide if it would be fair and reasonable to carry on with, or start, a disciplinary or grievance procedure while an employee is furloughed. It suggests some practical measures that employers can take, depending on whether a workplace is open or not. The guidance expressly states that, for most disciplinary and grievance meetings held by video, there will be no reason to record the meeting. The guidance states that a furloughed employee can…

26 May 2020
The Working Time Directive (WTD) entitles every worker within each member state to paid annual leave of at least four weeks, with the conditions for entitlement to such leave being set by national legislation or practice. The Working Time Regulations (WTR) entitles every worker to 5.6 weeks' annual leave in each leave year. This is equivalent to 28 days for those who work five days a week. This is made up of: The right under the WTD to a minimum of four weeks' annual leave (20 days for full-time employees) each year. The domestic right to…

20 May 2020
The principle behind equal pay is that men and women should receive equal pay (and other contractual terms) for equal work.  Under the Equality Act 2010, an employee can seek contractual terms equal to those of a comparator of the opposite sex who is employed in the same employment and performing "like work", "work rated as equivalent" or "work of equal value", unless the employer can show that the difference is attributable to a material factor that is not sex discriminatory. Whilst it is well established that the comparator must be in the same employment at the same time the…

29 April 2020
It is business as usual here at Partners Employment Lawyers and with over 200 companies signed up to our online Afternoon Update at 2pm tomorrow (30th April 2020) *COVID-19 cases at work, Mental Health, Stress and Suicide*, we thought we’d highlight some of the interesting cases we are tacking and that we will be discussing tomorrow. If you wish sign up now, reply to this email. Don’t miss out! A senior manager was recently dismissed for voicing his concerns to his manager around COVID-19 and the lack of company measures in place. He decided to not have his team…

23 April 2020
If you are considering furloughing some or all your staff, the government Employers' Coronavirus Job Retention Scheme (‘CJRS’) guidance states that employers should discuss the proposal with staff and make changes to the employment contract by agreement. It provides that employers must confirm in writing where an employee is furloughed, and that confirmation must be based on consent (although it does not require the employee to agree to furlough in writing, stating that the employee "does not have to provide a written response"). However, the Treasury direction makes it clear that an employee will not be considered to be furloughed…

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