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Louise Walker Posted 24th August 2015 at 10:20am by Louise Walker

High Court upholds decision on employee's right to be accompanied - expert comments

The case makes it clear that when considering whether a request to bring a particular companion should be allowed at any stage of a disciplinary or grievance process, the duty of trust and confidence might require an employer to consider a potentially wider range of companions than that specified either by statute or even in the employee’s contract. 

 

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High Court upholds decision on employee's right to be accompanied - expert comments
Louise Walker Posted 24th August 2015 at 10:08am by Louise Walker

Court upholds employee's right to be accompanied at investigation meeting

As most employers know, under section 10 of the Employment Relations Act 1999, employees have the right to be accompanied to a disciplinary or grievance hearing by either a trade union representative or a colleague. 

 

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Court upholds employee's right to be accompanied at investigation meeting
David Reid Posted 18th August 2015 at 12:33pm by David Reid

No special rules for social media misconduct - expert comments

Whilst the EAT declined to give any specific guidance to employers on how to deal with dismissals for misuse of social media in the case of The British Waterways Board trading as Scottish Canals v Smith, it is clear that employers dealing with social media misconduct should:

 

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No special rules for social media misconduct - expert comments
David Reid Posted 18th August 2015 at 12:25pm by David Reid

No special rules for social media misconduct

A recent decision of the Employment Appeal Tribunal (EAT) confirms that no special rules apply when dismissing an employee for misuse of social media. Rather the test remains simply whether the decision to dismiss was within the band of reasonable responses open to the employer.

 

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No special rules for social media misconduct
David McRae Posted 17th August 2015 at 12:34pm by David McRae

Glasgow bin lorry inquiry - lessons to be learned - in employment

Once the individual starts work, the employer has an ongoing duty to the employee and to others to ensure they remain fit for the job they are doing and to consider reasonable adjustments for disabled employees. 

 

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Glasgow bin lorry inquiry - lessons to be learned - in employment
David McRae Posted 17th August 2015 at 12:31pm by David McRae

Glasgow bin lorry inquiry - lessons to be learned - during recruitment

Most employers know that section 60 of the Equality Act 2010 means they are not generally permitted to ask job applicants questions about their health before making a recruitment decision about them. 

 

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Glasgow bin lorry inquiry - lessons to be learned - during recruitment
David McRae Posted 17th August 2015 at 12:04pm by David McRae

Glasgow bin lorry inquiry - lessons to be learned

The fatal accident inquiry into the tragic bin lorry crash that killed six people in Glasgow last year is currently ongoing. Press reports suggest the driver of the bin lorry, Mr Harry Clarke (58), lost consciousness just before the crash took place on 22 December and that he had failed to disclose relevant medical information to his employer, Glasgow City Council.

 

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Glasgow bin lorry inquiry - lessons to be learned
Emma Grossmith Posted 6th August 2015 at 15:32pm by Emma Grossmith

Employment Law News for August 2015

This month we look at proposed changes to tax treatments, the new trade union bill, mandatory equal pay reporting and the Fit for Work Scotland referral acceptance.

 

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Employment Law News for August 2015
Emma Grossmith Posted 6th August 2015 at 15:28pm by Emma Grossmith

Fit for Work Scotland Starts Accepting Referrals

Fit for Work Scotland, the new government-provided occupational health service, has announced that due to the level of demand and interest in its assessment service it can now accept phone referrals ahead of the launch of the online referral form (which will be available sometime later this year). To be eligible for a work focused assessment the employee should: be in paid employment; have been absent from work for four weeks or more; and have given their consent to the referral to Fit for Work Scotland.

 

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Fit for Work Scotland Starts Accepting Referrals
Emma Grossmith Posted 6th August 2015 at 15:24pm by Emma Grossmith

Mandatory Equal Pay Reporting Moves Closer

The government has recently launched a consultation on the implementation of gender pay gap reporting for large private and third sector employers.

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Mandatory Equal Pay Reporting Moves Closer