Whistleblowing Update

17663630_sSUMMARY: The Enterprise and Regulatory Reform Bill is currently progressing through Parliament and proposes three significant changes to the current whistleblowing legislation. The recent case of Onyango –v– Adrian Berkeley t/a Berkeley Solicitors has also widened the concept of a protected disclosure to include a disclosure made after an employee’s employment has terminated.

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Is continuity of service preserved when there’s a break in service with the same employer?

Broken Link Chain (123rf ref 10326735)

SUMMARY:  The Employment Appeal Tribunal considers whether continuity of service is preserved where there is a break in service with the same employer.

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Claimants can continue claims against other respondents even after signing COT3 with one respondent – holds the EAT.

SUMMARY: The Employment Appeal Tribunal has held that a claimant can continue claims against other respondents even when it has signed a COT3 with one respondent.

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Government announces controversial plans for new type of employment contract

 

SUMMARY:  The UK Government has announced controversial plans for a new type of employment contract

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Sentinel High Performance HR Management

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Tips on Financial Support for Employees

Summary: Tips for granting loans to employees by way of financial assistance

A recent Chartered Institute of Personnel and Development (CIPD) report highlights the high numbers of employees struggling financially, with 73% of employees reporting that their organisation offers them no financial support or advice to help them manage their finances.  It is also reported that 39% of workers are concerned about just making ends meet.

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Sickness, Holiday Pay and Carryover

Summary: When a worker has not been able to take paid annual leave due to sickness during the year in which it accrued, carryover of that annual leave will be permitted. Continue reading

“Breakdown of Trust and Confidence” – A Warning to Employers Not to Apply This Reason for Dismissal Arbitrarily

 The Court of Appeal has confirmed that although OFCOM  had fairly dismissed Mr Leach “for some other substantial reason” (SOSR) and in particular, a breakdown of trust and confidence, this reason should not be used arbitrarily when in reality, the reason for dismissal is something else.

Leach v The Office of Communications (OFCOM)

Summary

The Court of Appeal has confirmed that although OFCOM  had fairly dismissed Mr Leach “for some other substantial reason” (SOSR) and in particular, a breakdown of trust and confidence, this reason should not be used arbitrarily when in reality, the reason for dismissal is something else. Continue reading