Weinstein and sexual harassment in the workplace

  The recent allegations against Harvey Weinstein have put the issue of sexual harassment in the work place back in the spotlight.  Victims of sexual harassment are often reluctant to report incidents for fear of retaliation or concerns they will not be believed. If you do find yourself in a situation where an allegation of sexual harassment is made by one employee against another, then we would recommend you take the following steps: Make sure any response is prompt and professional Any complaint regarding sexual harassment should be investigated promptly and in a professional manner. When carrying out an investigation…

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Changing terms of employment: overview

An employee’s terms and conditions will often change during their employment. For example, they may receive a pay increase or they may go from working full time to part time. Often changes are uncontroversial and are mutually agreed, but sometimes there can be a dispute. In such cases, the employer must know how to make the change legally binding while minimising any possible risks. How to implement change A contract can only be amended in accordance with its terms or with the agreement of all parties. However, not all changes during the employment relationship will require the contract itself to…

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Employment Law Update Seminar – *Data Protection Regulations – Employment Tribunal Fees, Tips and Tricks -– Maternity Pitfalls – Post Termination Restrictions* - 14th September 2017

To view the slides from this event please follow this link: Afternoon Update Slides Date: Thursday 14 September 2017 from 2.00pm to 4.00pm Venue: The Law Society 113 Chancery Lane, London, WC2A 1PL. Topics discussed: General Data Protection Regulation - Learn how to prepare for one of the biggest changes coming in privacy and identity. Employment Tribunal Fees, Tips and Tricks - With the removal of tribunal fees, understanding employment tribunals is now essential know how for every HR professional. What does this mean for your business? Maternity cover – Acting up and general provisions. Post Termination Restrictions – How to protect…

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Restrictive covenants in practice

We recently assisted an individual with post termination restrictions in their contract with their previous employer. THE PROBLEM: Our client was employed in the financial sector and signed a non-compete agreement at the start of his employment. This included an 8-month non-compete clause, without limitation as to geographical location. Our client also signed clauses preventing him from taking clients or staff with him in any new role. Our client was offered a new role within the financial sector. Our client’s position was that it was  not competitive with his previous role, given his relatively junior position and limited access to…

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Bullying and harassment at work

There is no specific legal definition for bullying but it is often described as behaviour that is offensive, intimidating, malicious or insulting. It can include an abuse or misuse of power, treatment intending to undermine and humiliate an individual or purposively excluding someone from certain activities. Harassment is defined legally as unwanted conduct relating to certain protected characteristics such as age, race, religion, sex, and sexual orientation. Protection under the Law You cannot pursue a claim in the Employment Tribunal for bullying alone. Rather, bullying behavior may form part of another claim being sought, in particular in constructive dismissal, where…

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