Employment Brief – 2019

Welcome to the brand new edition of our Employment Brief!

This edition considers topics such as the use of non-disclosure agreements (NDAs) and why there is controversy about them, whether an employee’s mistaken belief can give rise to disability discrimination and tips for dealing with data subject access requests.

We hope you enjoy this edition of our brief!

Click here to read the full brief.

Featured articles are listed below.

Consultation on exit payment flexibility in the LGPS

Following hot on the heels of an LGPS consultation earlier this year around risk sharing, the Government has opened a further LGPS consultation on, amongst other things, flexibility around exit payments. This will be good news to those employers who participate in the LGPS and have dwindling membership numbers under their admission agreements.

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How far does the principle of vicarious liability extend?

It is a well-known principle that employers can be held vicariously liable for the actions of their employees in the workplace. The test is whether or not those acts are closely connected with the employment. The Court of Appeal considered this issue in the case of Bellman v Northampton Recruitment Limited.

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What next for NDAs?

For many employers, a confidentiality clause or non-disclosure agreement (NDA) is considered a standard part of a settlement agreed with an employee. In return for an enhanced termination payment and perhaps an agreed reference, the employee is required not to disclose the existence of the agreement or its terms except in certain restricted circumstances.

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Recruitment: Creating a diverse workforce

Creating an inclusive and diverse workforce is still one of the biggest challenges facing companies. There are many reasons why a diverse workforce is beneficial for organisations. Research has found that profitability and efficiency increases with a diverse workforce because the organisation may draw upon the experiences and knowledge of people from different backgrounds who are able to give different perspectives.

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Discrimination arising from a disability – mistaken belief  

Discrimination arising from a disability takes place when an employer treats an employee less favourably, not because of their disability, but because of “something” arising in consequence of the employee’s disability. The most common example is where an employer dismisses a disabled employee for long term sickness absence. The less favourable treatment is the dismissal because of the absences (the something) which resulted from the disability.

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6 Tips for Dealing with Employee Data Subject Access Requests

A huge amount of personal data is collected by employers about employees during the course of their employment, which means that dealing with a Data Subject Access Request (DSAR) made by an employee can be a time-consuming task. However, following our tips below, the process can be made far less painful.

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