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Top five cases

Top five cases of 2021

It has been another busy year for employers and HR professionals.  Employers have been dealingView Article

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Flexible working requests – agreeing to extend the decision period

An employee with at least 26 weeks’ continuous service can make a statutory flexible workingView Article

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flexible working
Deemed disability

What is a deemed disability?

The Equality Act 2010 prohibits discrimination in employment in respect of nine protected characteristics, including disability.  AView Article

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What is the penalty for breaching the ACAS Code of Practice?

The ACAS Code of Practice on disciplinary and grievance procedures (ACAS Code) provides practical guidance to employersView Article

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uplift
retirement age

Is a compulsory retirement age justified?

An employer operating a compulsory retirement age may be at risk of facing claims ofView Article

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Is an employee who takes part in a strike protected from detriment?

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) protects employees from detriment connectedView Article

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detriment
fire and rehire

ACAS publishes guidance on “fire and rehire”

Fire and rehire is typically relevant where an employer is seeking to make changes toView Article

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Is an offer directly to an employee an inducement to forgo collective bargaining rights?

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) prohibits employers from inducing workersView Article

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collective bargaining
worker

Is an individual a worker if there is a right of substitution?

The Court of Appeal has given guidance in the latest in a series of judgmentsView Article

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Is a dismissal discriminatory if the employer does not know about a disability until after dismissal?

Discrimination arising from disability happens where an employer treats an employee unfavourably because of somethingView Article

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knowledge
sexual harassment

How should employers deal with allegations of sexual harassment at work?

The Fawcett Society has published a report, “Tackling sexual harassment in the workplace: recommendations forView Article

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Do menopausal symptoms amount to a disability?

A person has a disability under the Equality Act 2010 if they have a physicalView Article

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menopausal

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